HomeMy WebLinkAboutCC Resolution 14332 (Essential Facilities Agreement Amendments)RESOLUTION NO. 14332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN
CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL
FACILITIES STRATEGIC PLAN BUDGET TO AMEND THE PROFESSIONAL
SERVICES AGREEMENTS WITH MARY MCGRATH ARCHITECTS (MMA)
AND KITCHELL CEM INC. FOR ADDITIONAL SERVICES RELATED TO
PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER,
FIRE STATION #52 AND THE FIRE STATION #57); AND AUTHORIZING THE
CITY MANAGER ADDITIONALLY TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT WITH MMA NOT TO EXCEED $75,000, IF AND AS
NEEDED
WHEREAS, in November 2013, the local voters passed Measure E, a three-quarter cent
transactions and use tax with a term of twenty years. This tax supplanted the former, one-half
cent transactions and use tax (Measure S), effective April 1, 2014; and
WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities
Strategic Plan, which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS
57)) of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on September 21, 2015, the City Council authorized the City Manager to
execute, on behalf of the City of San Rafael, a Professional Services Agreement with Mary
McGrath Architects ("MMA") for architectural and design, bidding, and construction
administration services for the Phase 1 projects; and
WHEREAS, on September 21, 2015, the City Council authorized the City Manager to
execute, on behalf of the City of San Rafael, a Professional Services Agreement with Kitchell
CEM, Inc. for project management and pre -construction services related to the Phase 1
projects; and
WHEREAS, the negotiated contract amounts for the MMA and Kitchell CEM agreements
were less than the amount budgeted for them in the Essential Facilities Strategic Plan, resulting
in an unallocated project savings of $1,297,396; and
WHEREAS, when these professional services agreements were approved and
executed, the design contingency budgeted amount of $515,658 was not included in the total
not -to -exceed amounts for either agreement, and therefore remain unallocated; and
WHEREAS, during the early design phase of the Phase 1 projects, in order to advance
numerous project objectives, the City Council's Facilities Subcommittee made certain strategic
decisions affecting the management of the projects, including separating the projects into two
parts for bidding purposes, and separating the demolition and hazardous materials abatement
portion of the projects from the construction phase; and
WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving
valuable to the City, have resulted in a need for additional services by the MMA and Kitchell
CEM; and
WHEREAS, through the process of bidding for construction of the portion of the Phase I
project including FS 52 and FS 57, the City has learned that it may have to revisit the design of
the PSC to reduce the total project cost to accommodate the higher than expected bidding
climate in the Bay Area; and anticipates that further amendments to the MMA agreement may
be required as a result;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
The City Manager is hereby authorized to allocate available design
contingency funds and to execute amendments, in a form to be approved by
the City Attorney, to the Professional Services Agreement with Mary McGrath
Architects, for necessary additional services in the amount of $274,245, for a
total not -to -exceed amount of $5,619,377; and to the Professional Services
Agreement with Kitchell CEM, Inc., for necessary additional services in the
amount of $237,475, for a total not -to -exceed amount of $3,551,752.
2. The City Manager is hereby authorized to execute further amendments to the
Professional Services Agreement with Mary McGrath Architects, in an amount
not to exceed $75,000, if and as required, for additional design work to reduce
the total cost of the PSC project; to be funded by the unallocated savings
resulting from the MMA and Kitchell CEM contracts coming in lower than
originally budgeted in the Essential Facilities Strategic Plan.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Monday, the 15th day of May, 2017 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2
ESTHER C. BEIRNE, City Clerk
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
MARY McGRATH ARCHITECTS FOR ARCHITECTURAL AND
DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES
THIS AMENDMENT to Professional Services Agreement is made and entered into this
day of , 2017, by and between the CITY OF SAN RAFAEL
(hereinafter "CITY"), and MARY McGRATH ARCHITECTS, a California Corporation,
(hereinafter "CONTRACTOR")
RECITALS
WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities
Strategic Plan, which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57))
of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on October 1, 2015, in furtherance of the Essential Facilities Strategic Plan,
the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services
for Architectural and Design, Bidding, and Construction Administration Services" on the Phase 1
Essential Facilities projects, for an amount not -to -exceed $5,345,132; and
WHEREAS, the negotiated contract amount of the Agreement did not include any of the
design contingency funds budgeted for the Essential Facilities projects; and
WHEREAS, during the early design phase of the Phase 1 projects, in order to advance
numerous project objectives, the City Council's Facilities Subcommittee made certain strategic
decisions affecting the management of the projects, including separating the projects into two
parts for bidding purposes, and separating the demolition and hazardous materials abatement
portion of the projects from the construction phase; and
WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving
valuable to the City, have resulted in a need for additional services by CONTRACTOR; and
WHEREAS, by Resolution No. 14332, adopted on May 15, 2017, the San Rafael City
Council approved an amendment to the Agreement to provide for the additional required
services, to be funded by a portion of the available design contingency funds;
Lr_ 3 -'552-
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby
amended to additionally include the services described in CONTRACTOR's proposal letter
dated May 10, 2017, attached hereto as Exhibit A, and incorporated herein by reference.
2. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to
include an additional amount of compensation to CONTRACTOR in the sum of up to $274,245
for additional services to be performed pursuant to this Amendment as described in Exhibit A
attached, thereby increasing the total contract compensation to a not -to -exceed amount of
$5,619,377.
2. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be in force after
this amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment to Professional
Services Agreement as of the day, month and year first above written.
CITY OF SAN RAFAEL MARY McGRATH ARCHITECTS
By: .a By: -
JIM SCHUTZ, City Manager MARY MCGRATH, President
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
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ROBERT F. EPSTEIN, . ty Atto ey
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May 10, 2017
Ms. Crlstlne Alllovich
Assistant City Manager
San Rafael City Hall
1400 Fifth Avenue, Room 203
San Rafael, California 94915-1560
Re: Public Safety Center Construction Document Completion
Dear Ms. Alllovich;
Below Is our fee proposal for the added scope of services Incurred by Mary McGrath Architects for the
Phase 1 Projects of the Essential Facilities Strategic Plan. The attached spreadsheet with back-up
documentation shows the breakdown of the hours, rates and Consultant Fees. A summary of the added
scope of work is as follows:
1. Item 1- Site Revisions at Station 57: In order to avoid wetland mitigation issues and potential
CEQA delays the design team redesigned the site layout to develop a solution that avoided the
wetlands. This required a new grading and drainage plan and new lease exhibit survey. Total fee
for this work is $12,555. A portion of this cost will be reimbursed by the County.
2. Items 2, 3 and 4 - Early Demolition Design Drawings: In an effort to reduce the risk to the
building contractor for unforeseen site conditions and delays, the City elected to separate the
demolition project from the main building project at all three project sites. MMA provided a fee
proposal for these added sets of construction documents and included credits back for the
demolition work planned In the original scope of work. The added scope includes a new site
topographic survey to document the new site conditions at each site and support during a
separate construction phase. The total fee for this work is $98,150.
3. Items 5, 6 and 7 - Value Engineering: The City elected to participate in a Value Engineer exercise
to evaluate the systems selections that were made in the early stages of the design and find
areas of the building design that could be engineered more cost effectively with a mitigated
Impact to the project goals. Scope Included a day long work session, study of potential solutions,
cost analysis and Implementation of the selection options into the next level of design. The VE
reductions approximated $1M in savings. The total fee for this work Is $130,240.
4. Item 8 — The Temporary Site for the Fire Station 51 engine company was Initially designed in
August of 2015. The program requirements for the site changed and a new site plan was re -
engineers in April of 2017. This new engineering work was performed for a total fee of $4,600.
S. Item 9 and 10 — Early in the project, the City Sustainability Office working with PG&E had
identified that the Phase I projects would be eligible for rebates through the "Savings by Design"
program. This fee proposal Is for the time required to prepare the design documents that are
required for the rebate application and follow-up with PG&E to develop the maximum rebate
possible. The total fee for this work is $13,200.
1112 BROADWAY, SUI IE 401 o OAKLAIID. CALIFOR111A 94612 , 0 510 208 9400 WWW MARYMCGRATIIARCIIITECTS COM
Item 11— PG&E changed the main service location (Identified a year ago) from West on 4'h street
to North on Union St. The civil engineer was required to re -design the site improvement plan to
accommodate this change after they were complete. fortunately, the change in direction from
PG&E results in less off-site work for the City and will save $40 to $50K in trenching and repaving
cost. The total fee for this revision is $5,500.
Item 12 — In order to generate additional value engineering options for the PSC, the City
Management team authorized the PSC structural engineer to study the design opportunities and
constraints of changing the upper floor structural system from a masonry shear wall system to a
metal stud and plywood sheer wall system. This resulted In an overall reduction of the weight of
the building that allowed the foundation system to be simplified. The fee for this work was
$10,000. This resulted in about $500,000 in VE cost reductions according to the latest estimate
prepare by Saylor Consultants.
Thank you for the opportunity to provide these services. If you have any questions, please do not
hesitate to contact our office.
Sincerely,
Mary C. McGrath
,Yri 7&oh- -
President
Mary McGrath Architects
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Cindy Ray
Extension: 5326
Contractor Name: Mary McGrath Architects
Contractor's Contact: Mary McGrath
Contact's Email: mmcgrath@marymcgratharchitects.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
lick here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
Click here to
Atty c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2 City Attorney
a. Review, revise, and comment on draft agreement
6/5/2017
® LAG
and return to Project Manager
6/5/2017
X LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager
Forward three (3) originals of final agreement to
6/5/2017//
❑
contractor for their signature
4 Project Manager
When necessary, * contractor-siened agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager
Forward signed original agreements to City
06/16/2017
Attorney with printed copy of this routing form i
6 City Attorney
Review and approve hard copy of signed
dol I"
fJ
agreement
1
7�
7 City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
8 City Manager/ Mayor
Agreement executed by Council authorized official
9 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager I
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AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH KITCHELL CEM INC. FOR PROJECT AND
CONSTRUCTION MANAGEMENT SERVICES
THIS AMENDMENT to Professional Services Agreement is made and entered into this
.� day of - 12017, by and between the CITY OF SAN RAFAEL
(hereinafter "CITY"), and KITCHELL CEM INC., a California Corporation, (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities
Strategic Plan, which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57))
of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on October 1, 2015, in furtherance of the Essential Facilities Strategic Plan,
the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services
for Project and Construction Management Services" on the Phase 1 Essential Facilities projects,
for an amount not -to -exceed $3,314,277; and
WHEREAS, the negotiated contract amount of the Agreement did not include any of the
design contingency funds budgeted for the Essential Facilities projects; and
WHEREAS, during the early design phase of the Phase 1 projects, in order to advance
numerous project objectives, the City Council's Facilities Subcommittee made certain strategic
decisions affecting the management of the projects, including separating the projects into two
parts for bidding purposes, and separating the demolition and hazardous materials abatement
portion of the projects from the construction phase; and
WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving
valuable to the City, have resulted in a need for additional services by CONTRACTOR; and
WHEREAS, by Resolution No. 14332, adopted on May 15, 2017, the San Rafael City
Council approved an amendment to the Agreement to provide for the additional required
services, to be funded by a portion of the available design contingency funds;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby
amended to additionally include the services described in CONTRACTOR's proposal letter
dated February 7, 2017, attached hereto as Exhibit A, and incorporated herein by reference.
2. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to
include an additional amount of compensation to CONTRACTOR in the sum of up to $237,475
for additional services to be performed pursuant to this Amendment as described in Exhibit A
attached, thereby increasing the total contract compensation to a not -to -exceed amount of
$3,551,752.
2. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be in force after
this amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment to Professional
Services Agreement as of the day, month and year first above written.
CITY OF SAN RAFAEL KITCHELL CEM INC.
By. 0
� i', JJ By.
JIM SCHUTZ, City Manager
Name of Corporate Officer: tip
ATTEST:
Title: Ste-- «CL— Slowl—
e,2gf t zz f G - Ae-412 ,
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
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ROBERT F. EPSTEIN, Cit.4Attordtk
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February 7, 2017
Cristine Alilovich
Assistant City Manager
San Rafael City Hall
1400 Fifth Avenue, Room 203
San Rafael, California 94915-1560
Re: Fee Proposal for the Phase 1 Projects (Public Safety Center, Fire Station 52 and the Fire
Station 57) of the Essential Facilities Strategic Plan.
Dear Cristine Alilovich,
Below is fee proposal for the added scope of services incurred by Kitchell for the Phase 1 Projects (Public Safety
Center, Fire Station 52 and the Fire Station 57) of the Essential Facilities Strategic Plan.
We anticipate the scope of services for this proposal to be consistent with the scope identified in the current
contract. Below is list of additional activities for the Phase 1 projects. The attached spreadsheet shows the
breakdown of the hours and rates.
1. Bid Phase for Early Demolition Projects:
The Kitchell fee proposal dated April 12, 2017 for the separation of the Bid Phase of the Early Haz-Mat and
Demolition was approved by the Facilities Subcommittee on April 15, 2016 in the amount of $46,800.
2. Extended Preconstruction Phase Management for Public Safety Center Project:
The fee and proposed staffing to provide the above scope of services is as follows:
The Kitchell staffing fee proposal included in the original contract dated October 1, 2015 had Programming/Design
and Bid Phase Management for the Phase 1 projects from October 2016 through to January 2017. The PSC
design schedule was extended during the conceptual and schematic design phases due to numerous design
iterations, DRB and PC comments, extended CEQA process and to incorporate the Value Engineering cost saving
ideas into the design. The current timeline to complete the Public Safety Center Pre -Construction activities Is
August 2017. We are forecasting requiring Project Director time of 16 hours per month and Senior Project Manager
time of 100 hours per month for seven additional months. This equates to an add request of $139,160.
3. Splitting the Bid Phase for the Early Demolition of Public Safety Center:
The fee and proposed staffing to provide the above scope of services is as follows:
The April 12, 2016 change proposal for Early Haz-Mat and Demolition was accounting for bidding all three
demolition projects together as one bid package with actual demolition work for Fire Stations 52 and 57 to be
concurrent and Fire Station 51/Blue Houses to be separate. The FSC approved separation of the bid phases for
Fire Station 51 and Blue Houses to incorporate deconstruction as an add alternate into the demolition scope. Due
to this change, Kitchell will incur additional costs to manage this added bid process. We are forecasting requiring
Project Director time of 16 hours per month, Senior Project Manager time of 32 hours per month and Project
Manager time of 225 hours. This equates to an add request of $51,515.
In total the additional services described in items 1, 2 and 3 above equate to a total amount of $237,475.
Reasonable and customary reimbursable expenses would be submitted separately to the above costs consistent
with the current contract.
Thank you for the opportunity to provide these services. If you have any questions, please do not hesitate to
contact me at this office.
Sincerely,
Bill a al
Project Director
Kitchell CEM
2450 Venture Oaks Way I Suite 500 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916 648.6534 1 www.kitcliell.com
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Cindy Ray
Extension: 5326
Contractor Name: Kitchell CEM Inc.
Contractor's Contact: Bill Johal
Contact's Email: bjohal@kitchell.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
Click here to
Atty c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2 City Attorney
a. Review, revise, and comment on draft agreement
6/5/2017
® LAG
and return to Project Manager
6/6/2017
® LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager
Forward three (3) originals of final agreement to
6/7/2017
❑
contractor for their signature
4 Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Click here to
Date of Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager
Forward signed original agreements to City
06/16/17
Attorney with printed copy of this routing form
6 City Attorney
Review and approve hard copy of signed
r� 117
agreement
4
/ +
7 City Attorney
Review and approve insurance in PINS, and bonds
/�7
(for Public Works Contracts)
/
8 City Manager/ Mayor
Agreement executed by Council authorized official
�l
9 City Clerk
Attest signatures, retains original agreement and
`
(
forwards copies to Project Manager
t-7
14-3 ,ss3