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HomeMy WebLinkAbout2002-07-01 City Council (2)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS 5 DATE:JULY 1, 2002 CMR:312:02 SUBJECT:AWARD OF CONTRACT TO VON KOHORN & KITZMILLER IN THE AMOUNT OF $100,690 FOR GRAPHICS AND SIGNAGE FOR THE DOWNTOWN PARKING -STRUCTURES (CAPITAL IMPROVEMENT PROGRAM PROJECT 19530) RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute a contract (Attachment A) with Von Kohorn & Kitzmiller in .the amount of $100,690 for fabrication and install ation of artwork and signage for the Lot R and Lot S/L parking structures. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Von Kohorn & Kitzmiller for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceedS 15,100. DISCUSSION Project Description On April 15, 2002, Council approved a contract for the construction of two new parking structures in the downtown area (CMR:217:02). One garage will be located at Lot R (south of University Avenue, between High and Alma) and the second garage will be at Lot S/L (between Bryant/Florence, south of LyttonAvenue). Construction on the garages has begun and will be complete in the fall of 2003. Public art, in the form of graphics, was included in the design of both garages. Selection Process The artist, Sam Schmidt, was recommended by the Parking Study Group (PSG) which was established in order to streamline the design effort. A representative from the Public Art Commission was part of the PSG, along with Architectural Review Board, Planning Commission representatives, local developers and merchants. The artwork concept was approved by Council on November 27, 2000 (CMR:428~00) and was included in the project design. The contract with Von Kohorn & Kitzmiller will provide for the manufacture and installation of the project’s directional signage and graphics artwork, as well as for liaison CMR:312:02 Page 1 of 2 with the project artist. The artist and architect had been working with Von Kohom& Kitzmiller during the design phase in order to ensure ~at graphics could b+ produced within the project budget and that the connections were of a type suitable for installation in the garages. Since the artist had this working relationship already established, Von Kohom & Kitzmiller was selected as a sole-source graphics provider. RESOURCE IMPACT Funding for the manufacture and installation of the signage and graphics is included in -Capital Improvement Program (CIP) Project 19530 within the $45.9 million assessment. POLICY IMPLICATIONS Approval of the contract and contract amendment are consistent with existing City policies. TIME LiNE Construction on the garages has begun. Lot R is expected to be completed in May 2003 and Lot S/L in November 2003. These dates could be extended due to weather, soil contamination, or other unforeseen conditions that might delay construction. ENVIRONMENTAL ASSESSMENT An Environmental Impact Report was prepared as part of the PC zoning application and was certified by Council on December 20, 1999. ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: KAREN BENGARD Senior Engineer GLENN S. ROBERTS Director of Public Works CITY .MANAGER APPROVAL: City Manager CMR:312:02 Page 2 of 2 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND VAN KOHORN & KITZMILLER SIGNMAKERS, INC. FOR ARTWORK FOR PARKING LOTS S/L & R This Contract-No.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 VON KOHORN & KITZMILLER SIGNMAKERS, INC., a California corporation located .at 812 Sweeney Avenue, Redwood City,CA 94063 ("CONTRACTOR"). RECITALS: .. WHEREAS, CITY desires certain production design and fabric and installation services ("Services"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONTRACTOR, including its employees, if .any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the. covenants, terms, conditions, and provisions of this .Contract, the parties agree: SECTION 1 - TERM i.I This Contract will commence on the date .of its execution .by CITY. The obligation of CONTRACTOR to perform the Service~ wiXl commence in accordance wfth the time schedule, set forth in Exhibit "W’. Time is of the essence of this Contract. in the event that the Services are not-completed within the specified time schedule on account of CONTRACTOR’s default, CITY’s cit.y manager will have the option of extending the time schedule for. any period of time. This provision will not preclude the recovery .of damages for del.ay caused by CONTRACTOR. SECTION -2 - QUALIFICATIONS, CONTRACTOR STATUS, AND DUTIES OF 2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause.to be furnished the Services. CONTRACTOR further represents and warrants that the project director and every individual charged, with the performance .of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or cernification is required by law to perform the Services. 020611 sm 0053046 2.2 In reliance on the representation and warranty set forth in Section 2.1, CITY hlres CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 CONTRACTOR will assign Dan Kitzmiller as the project director tO have supervisory responslbility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Contract cause the substitutlon of the pro3ect director for any. reason, the appointment of a substitute pro]ect director will be subject to the prior written approval of the pro3ect manager. 2.4 CONTRACTOR’represents and warrants that it will: 2.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident.to the due and lawful prosecution of the Services; 2.4.2 Keep itself fully informed of all existing and future Federal, State ofCalifornia, and local laws, ordinances., regulations, orders, and.decrees which may affect those engaged .or employed under this Contract, any materials used in CONTRACTOR’s performance under this.-.Contract, or the performance of the Services; 2.4.3 At all:.times observe and comply with, andcause itsemployees and contractors (and ConSultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and. decrees mentioned above; and 2.4.4 Will report immediately tO the pro3ect manager, in writing, any discrepancy or inconsis~ency it discovers in. the laws,, ordinances, regulations, orders,, and decrees mentioned above in relation to any plans, drawings, specificatlons or provislons of this Contract. -2.5 Any reports, ±nformation, data or other material given to, or prepared or assembled by, CONTRACTOR or :Lts contractors, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONTRACTOR or its contractors, if any, without the prior written approval of the citY manager. 2.6 CONTRACTOR will provide CITY with three (3) copZes of the fina! report, if-any, which may be-required under this Contract, upon completion and acceptance of each report’by CITY. 2.7 If CITY requests additional copies of. reports, .drawings, specifications or any other material which CONTRACTOR is 020611 sm 0053046 required to furnish in limited quantities in the performance of the Services, CONTRACTOR will provide such additiona! copies and CITY wi!l compensate CONTRACTOR for its duplication- costs. 2.8 CONTRACTOR will be responsible for employing or engaging all persons necessaryto perform the Services. All contractors of CONTRACTOR will be deemed to be di[ectly controlled and supervised by CONTRACTOR, which, will be responsible.for their performance. If any employee or contractor of CONTRACTOR fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee-or contractor will be discharged immediately from further performance under this Contract on demand of the project manager. SECTION 3 -DUTIES OF CITY 3.1 C{TY will furnish or Cause to be furnished the specified services set forth in EXhibit "~’ and such other information regarding its requirements as may be reasonably requested by CONTRACTOR. 3.2 The city manager will represent CITY for all purposes underthis Contract. Karen Bengard is designated as the projecti~manager for the city manager. The project manager will supervise, the performance, progress, and execution of the Services, and wili be assisted by Young Tran the Project Engineer. 3.3 If CITY observes or otherwise becomes aware of any default in the performance of CONTRACTOR, CITY-will use. reasonable efforts, to glve written notice thereof to CONTRACTOR in a timely manner. SECTION 4 - COMPENSATION 4.1 In consideration of the full performance of the services by CONTRACTOR, CITY will pay CONTRACTOR the sum of One. Hundred Thousand and Six Hundred Ninety Dollars (.$1.00,690.00), -payable within thirty (30) days of sUbmlssion by CONTRACTOR of its itemized billings, in triplicate, in-accordance with the following fee schedule set forth in Exhibit SECTION 5.- AUDITS 5.1 CONTRACTOR will permit cITY to audit, at any- reasonable time during the term of this Contract and for three (3) years thereafter, CONTRACTORts records pertaining to matters covered by this Contract~ --CONTRACTOR further agrees to maintain and retain such records~ for at least three (3) years’after the expiration or earlier termination of this Contract. 3 020611 sm 0053046 " SECTION 6 -INDEMNITY 6.1 CONTRACTOR agrees to.protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability of any nature, including death or in3ury to any person, property damage or any other loss, caused by or arising, out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees{ negligent acts, errors, 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 7 -WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provislon of this Contract, or of. the provisions of any ordinahce or law, will not be deemed to be a waiver of any other ter.m, covenant., condition, provisions, ordinance or law, or of any subsequent breach or. viol~tion of-the same or of any other term, covenant, condition; provision, ordinance or law. The subsequent acceptance by either pattyof .any fee or other money which may become due hereunder will not be deemed to be a walver of any preceding breach or violation -by the other party of any term, .covenant, condition or provision of this Contract:or of any applicable law or ordinance. 7.2 No payment, .partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract~ SECTION 8 -INSURANCE 8.1 CONTRACTOR, at its sole cost and expense, Will obtain and maintain, in ful! force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONTRACTOR and its contractors, if any, but also, with the_ exception of workers’ compensation, employer’s liability,- and professional liability insurance, naming CITY as an additional insured concerning CONTRACTOR’s performance under .this .cOntract. 8.2 Allinsurance coverage required hereunder will be provided through carriers with Best’s Key. Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONTRACTOR retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY .asan additional insured under such policles as required above. // 020611 sm 0053046 8.3 Certificates ofsuch insurance,preferab!y on-the formsprovided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is prlmary coverage and will not be canceled or altered, by the insurer except after filing with CITY’s.city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of w.orkers’ compensation,, employer’s liability, and .professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 8.4 The procurlng of such required policy or policies of insurance will not be construed to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provisions .of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR will be obligated.for the full and total amount of any damage, in3ury, or loss caused by or directly arising-as a result of the Services pe¯rform~d under this Contract, including-such damage, injury, or loss.arising af<er the Contract is termlnated-or the term ¯has expired. SECTION,_ 9 -WORKERS’ COMPENSATION 9.1 CONTRACTOR, by executing this .Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which requ±re every employer to be insured ¯against liability for workers’ compensation or to undertake self-insurance in accordance withthe provisions of that Code~ and certifies that it will complz with such provisi6ns, as applicable, before commencing the performance of the Services. SECTION I0 - SERVICES TERMINATION OR SUSPENSION OF CONTRACT OR I0.I The city manager may suspend the .performance of the Services, in whole or in part, Or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR wil~ ¯immediately discontinue its performance of the Services. 10.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services by giving thirty (30) days" prior written notice thereof to CITY, but only. in the event of a substantial failure of performance by CITY or in the event CITY indef£nitely withholds or withdraws its requesh for the.lniti.ation or .continuation of the Services to be performed. -// 020611 srn 0053046 10.3 Upon. such s~spension or termination by CITY, CONTRACTOR will be paid for [he Services actually rendered to CITY. on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account Of a default by-CONTRACTOR, CITY will be obligated to compensate CONTRACTOR only for that portlon of the Services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager acting in the reasonable exercise of her discretion. 10.4 Uponsuch suspension or termination,-.CONTRACTOR will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR. or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials will become the propertyof CITY. 10.5 The failure of CITY to agree with CONTRACTOR.’s independent findings; conclusions, or recommendations, if. the same are ~alled for under t.his.Contract, on the basis of differences in matters of judgment, wil! not be construed as a faiAure on the part of CONTRACTOR to fulfil! its obligations under this Contract. SECTION ii ....-ASSIGNMENT ii.I This ContraCt is for the personal services of CONTRACTOR, therefore.-, CONTRACTOR will not assign, transfer, convey, or otherwise dispose of this Contract or any right, ~itle -or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed t6 be a consent to any subsequent assmgnment. Any. assignment made without the appraval of the city manager will be void-and, at the optmon of the city manager, this Contract may be terminated. This Contract will not be assignable by operatmon of SECTION 12 -NOTICES 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City .Clerk City of Palo Alto Post Office Box 1.0250 Palo Alto, CA 94303 To CONTRACTOR: Attention of the project director at the address of CONTRACTOR recited above 020611 sm 0053046 SECTION 13 -CONFLICT OF INTEREST 13.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest,-direct or indirect., financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not emp!oy .any contractor or .person having such an interest. CONTRACTOR certifies that.no person who has or-will have any financial interest under this Contract is an officer oremployee of CITY; th±s provlsion will be interpreted in accordance with the applicable-provisions of. the Palo Alto Municipa! Code and the Government Code of the State of California. SECTI.ON 14 -NONDISCRIMINATION 14.1 As set forth in the Palo. Alto Municipal Code~ no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry., reiigion, disability, sexual preference or gender, of that person. -If the value of this Contract is, or may be, five thousand dollars ..($5,000) or more, CONTRACTOR agrees to meet all requmrements~ of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 14.2 CONTRACTOR agrees that each contract for services with an independent provider will contain a provision substantially as follows: "[Name of Provider] will provide CONTRACTOR with a certificate stating that [Name of Provider] is. currently in compliance with all Federal and State of California laws covering nondiscrimination in. employment; and that [Name of Provider] will not discriminate in the employment of any person under this Contract because Of the age, race, color, national origin, ancestry, religion, disability, sexual .preference or gender of such person," 14.3 If CONTRACTOR is found in violation of the nondiscrlmination provisions of the State of California Famr Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in .part-, or to deduct 020611 sm 0053046 the sum of twenty-five dollars ($25) for each pegson for each calendar day during which such person was subjected to acis of discrimination, as damages for breach of contract, or both. Only a finding of the State of Californla Fair Employment Practices Commission or the equivalent federal agency .or officer will constitute evidence of a breachof this Contract. SECTION 15 -MISCELLANEOUS .PROVISIONS 15.1 CONTRACTOR represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California,re!ating to. access to. public buildings and accommodations f.or disabled persons, and relating to facilities for .disabled persons. CONTRACTOR will .comply with or ensure by its advice that compliance with such provisions will be ef.fected in the performance of this contract. 15.2 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 15.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the united States District Courtfor the Northern District of California in the County of Santa Clara, Stat~ of California. 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs .and attorneys’ fees expended in connection with that action. 15.5 This document represents the entire and integrated agreement between the parties.and supersedes all prior negotia- tions, representations, and contracts, e~ther written or oral. This document may be amended only by a written instrument, which is signed by the parties. 15.6 All. provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. 15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract-or any amendment thereto ~s void or unenforceable, the unaffected provisions of this Contract. and any amendments thereto will remain. . in full force and effect. // 020611 srn 0053046 15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to. time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 15.10 This Contract may be executed in any number of counterparts, each of which will be an orlginal, but all of which together wil! constitute one and the same instrument. /I /I /I /I /I /I //. /I /I /7 17 II II 17 II 11 17- 17 // 17 /! 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and.the Palo Alto Municipal Code. This Contract will terminate w~thout any penalty (a) at the end of any fiscal year in the e~ent that funds are not appropriated forthe following fiscal year, or (b) 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 15.11 shall take precedence in the event of a conflict with any other covenant~ term, condition, or provision of this Contract. XN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OE PALQ ALTO City Clerk APpROVED-AS TO FORM: City Attorney APPROVED: Assistant City Manager Mayor VON KOHORN & KITZMILLER SIGNMAKERS, INC. Title: C~~ By: ~ Title: ~O Taxpayer Identification.No. 94-3244122 Director of Administrative Services Director of Public Works Risk Manager Attachments : EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C": EXHIBIT "D" : (Compliance with Corp. Codm ~ 313 is required iZ uhe .entity on whose behalf this conZ~ac~ is signed is a corporation. In the mltern~tive, a certified corp.=ate ~es~luti~n attesting ~ ~he migna~ authority 0£ ths individuals Signing in ~hei~ respective capacinies is acceptable)’ SCOPE OF PROJECT & TIME SCHEDULE RATE SCHEDULE . INSURANCE NONDISCRIMINATION COMPLIANCE FORM I0 CERTIFICAT~ O~ ACKNOWLEDGEMENT (CAvil Code ~ 118%) On ~’V~. 9-( ,2~__k before me, .r.~7l..~U08 , a Notary Public in-and for said County and State, personally ~ proved to me on the basis of satisfactory evidence tu be th~ person~.whose name~) is/~e subscribed to the within instr~ent and acknowledged to me that he/s~ey executed the same in his/~t~r authorized capacity(~ and that by his/~/t~irsignature~ on the instr~ent the person(s), or the entity upon )ehalf of which the person(s) acted, executed the instr~ent. WITNESS my hand and official seal. 020511 sm 0053046 11 VON KOHORN &: KITZMI’LLER Phone: Fraln: Oil/of PalO Alto Oepar~ne~ of Public Wolds Smith (Turner Constru=lon) Datmt .12/19/01 Fax:~ ~am sm~u~ ~tuo~o Attn.: Sam $mldt Art Walls fo~" Palo Alto Pa~king Btl~otures $ ~ bje c f.: Quote oa= Qreg, PIe=se find the following speck=lions ~nd costs for Pa~ki.ng Structures S/L& R aT~ walls: ¯ The Blrd$.(Lot S/L): Fabricate and install five (5) birds, each measuring approximately 8~ X if, from ~/8" alUr~ir~m,.as par artwork bySam Smidt Studio and shop drawings by VK&K (already,submitted), , " ¯ / " . . ¯ FabriCation: =4_2,8a0,00 ~. tax; ine..tlllatlon, ~7,740,O0/(non’t~x=ble), ¯ Shop Drawing for BIL= Already provided.to Watry Design Group.. CoSt: 660,00 + t~x, - ¯ Poetry Wall (Lot R): CUt and ~pply exterior vinyl graphics and text for thlrtyoslx (36) glasS p.=n~.!.S., ~_g~r.a~.O..~k.., !~,youts and speolfRmtlons by ~m ~mldt Studio: in light of Sam Smidl:,sartwork~;shep~dra~lRgs--will-notbepm-vid~d,-.~; the o~ts below are based on thirty-six p~rmis, If the qUarltitleS are reduced by morn than 15%-2~%, the per-unit cost will need to be adjusted, Fabrication: $330,00 per pa~nel ÷ taxi installation: $7,920.00 for lot (non-tax~ble)- . A=.~. ork for Lot ,,’~L: ~DigPa!. 1lies and art dire~tton by Sam 5mldt Studio. COst. $11 ,S75 + tax. / ¯ Artwork for Lot R~ Digital flies of HlYk~l poeW graphics, coordination of HiykU contest, ~nd art direction by Sam Smidt Studio. ’¢o~t;. $11,575 ÷ tax, ./ Terms: Progmss.psymerds (p=~yment schedule to ba determined). If your client.would like us to pmossd with this work, please have ihem ~.etur .n a eigl!ed copy of this tmnsmlttai, Please give me a call with ~ny questior~s or ~mmants. David Von Kohom forth~ O~f Palo Alto EXHIBIT "A" FEE ’SCHEDULE Lo~ S/L Birds ,.e, hop Drawings Fabrioate Artist Shop Drawings Fabricate Install Artist 42,860 7,740 11,575 8,25%. 3,536 0 11,8B0 9BO 7920 0 1t,575 855 Total 714 46,396 7,740 12,530 7;920 2,530 94,210 6,480 100,690 .EXHIBIT