HomeMy WebLinkAboutCC Resolution 14624 (Essential Facilities Consultants Contract Amendments - Kitchell CEM)RESOLUTION NO. 14624
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 AND TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT WITH KITCHELL CEM, INC. (KITCHELL) FOR
ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES
PROJECTS (FIRE STATION 52 AND FIRE STATION 57) AS NECESSARY FOR
ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $49,980.
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, Professional Services Agreements with Kitchell CEM,
Inc. (“Kitchell”) for project management and pre-construction services and with Mary McGrath
Architects (“MMA”) for architectural and design, bidding and construction administration services,
for the Phase 1 projects; and
WHEREAS, the negotiated contract amounts for the MMA and Kitchell 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, the professional services agreement was approved and executed with
Kitchell to provide project management and pre-construction services for the Phase 1 Essential
Facilities projects in the amount of $3,314,277; and
WHEREAS, on May 15, 2017 the City Council authorized the City Manager to allocate
design contingencies previously approved in the Essential Facilities strategic plan budget to
amend the professional services agreement with Kitchell. The total cost of the additional scope
for Kitchell was $237,475. After execution of the amendment, the total contract amount for Kitchell
was $3,551,752; and
WHEREAS, the total balance of project savings that remained unallocated after
amendments to MMA’s and Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129)
was $710,676; and
WHEREAS, during the construction phase at FS 57, unforeseen conditions were
discovered during deep utility excavation activities to prepare for the new building foundation; this
unforeseen and unavoidable condition delayed the contractor and extended the Fire Station
project completion date; and has resulted in a need for additional services by Kitchell; and
WHEREAS, the overall Phase 1 project completion date is anticipated to extend beyond
the June 30, 2019 termination date of the Kitchell agreement into 2020;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
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1.The City Manager is hereby authorized to allocate available design contingency
funds and to execute an amendment, in a form to be approved by the City
Attorney, to the Professional Services Agreement with Kitchell CEM, Inc., for
necessary additional services in the amount of $49,980, for a total not-to-
exceed amount of $3,601,732, and to exercise the original contract option to
extend the term of the Agreement through June 30, 2020.
I, LINDSAY LARA, 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 Tuesday, the 22th day of January 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk