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PW Essential Facilities Project Management; KitchellAMENDMENT 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: L a "L - in Qr-e7 ROBERT F. EPSTEIN, Cit.4Attordtk 13 CA h :14, 4 Ey - � 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