Loading...
PW Project and Construction Management Amendment 3THIRD AMENDMENT TO 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) THIS THIRD AMENDMENT to Professional Services Agreement is made and entered into this !S day of Ap r i 1 , 2019, 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 September 21, 2015, the City Council authorized the City Manager to execute, on behalf of the CITY, Professional Services Agreements with CONTRACTOR for project management and preconstruction services for the Phase 1 projects; 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, in the amount of $3,314,277 (the "Agreement"): 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 Agreement. Upon completion of the amendment, the total contract value of the Agreement became $3,551,752; and WHEREAS, on January 26, 2019, pursuant to the City Manager's authority, the CITY and CONTRACTOR entered into a Second Amendment to the Agreement to modify the staffing plan for CONTRACTOR'S remaining services in connection with the Phase 1 projects with no additional compensation; and x_3_513 u R A IL 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 CONTRACTOR; and WHEREAS, by Resolution No. 14624, adopted on January 22, 2019, the San Rafael City Council approved a new 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 to this Third Amendment to Agreement 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 January 10, 2019, 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 $49,980, for additional services to be performed pursuant to this Third Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $3,601,732. 3. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to extend the term of the Agreement for an additional 12 months, ending on June 30, 2020. 4. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties, as amended by the First and Second Amendments, shall remain valid and shall be in force after this Third Amendment. 2 IN WITNESS WHEREOF, the parties have executed this Third Amendment to Professional Services Agreement as of the day, month and year first above written.] CITY OF SAN RAFAEL By:— -'-- C� JIM HU , City Manage ATT , T. LINDSAY LARA, City Clerk APPROVED AS TO FORM: L41edI,k a --L. - -I" (Lr -E ROBERT F. EPSTEIN, CAy Attor y KITCHELL CEM, INC. By: Name:0j� f y4 r��1 Title: V �W' O�c� [If Contractor is a corporation, add signature of second corporate officer] Name: iWc./. /S. By: 11fle ofce- 'A(f'Vi 4rAlA� Title:95jtf f9N % ICitchell Contract Amendment Request Date: January 10, 2019 EXHIBIT A The discovery of unforeseen unsuitable soils at fire station 57 resulted in a 3 -month extension to the construction duration with completion re-established as 1/1/19. During the original 3 -month delay while the soil was remediated the onsite project manager continued to work on normal contract responsibilities, i.e. submittal review and processing, daily reporting, meeting management, jurisdictional review and approval, normal change management, Owner coordination and observation of work that could proceed. In addition to the normal contract work, the contaminated soils essentially presented an entirely separate project that had to be managed in an expedited manner. This work included hazardous material testing service procurement and coordination, coordination of the work plan to mitigate and minimize downtime on site, implementation of the work plan with the contractor including determination of cost impacts, daily monitoring of the work for hazardous material abatement, tracking of material movements, and management of hazardous material consultant. This effort culminated in a 600 -page change order, which was not in the original scope of work, that required complete vetting and negotiation only made possible by the detailed record keeping during the 3 - month abatement effort. During this period, Kitchell continued to provide services exceeding those included in the contract, including: In-house scheduler and estimating services to evaluate 600 -page change order originated as a result of unsuitable soils; Additional administrative and project management tasks that exceeded Kitchell's contractual staffing time to mitigate and minimize downtime on site: continuous tracking and observation of the remediation subproject, coordination with pertinent agencies, additional special meetings on and off site, tracking of material movements, coordination with inhouse estimator to review change order. Actual costs for these services were offset by Kitchell through staffing reductions in order to avoid additional costs to the Contract at that time. It is our understanding that the negotiated extension to the substantial completion date for Fire Station 52 & 57 is now 2/28/19 and 4/22/19 respectively. KCEM has evaluated funds remaining and projected an assumed final completion date of 6/30/19 in order to establish a staffing plan. Utilizing the remaining reimbursable budget and removing the existing project manager beginning 2/4/19, KCEM is proposing to provide part time staffing coverage on Fire Station 52 and 57 through 6/30/19 on an as needed basis for the additional cost not -to -exceed $50,000. 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: DPW Project Manager: Faby Guillen Extension: 3435 Project Name: Essential Facilities FS 52 & 57 Kitchell Amendment Contractor's Contact: Kitchell CEM. Inc. John Watkins Contact's Email: iwatkins@kitchell.com RESPONSIBLE Sten I DEPARTMENT DESCRIPTION COMPLETED DATE I REVIEWER (Initials) a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) & attachments to City Attorney c o 1 Project Manager Laraine. Gittensvcityofsanrafael.org 2/4/2019 FG a. Review, revise and comment on draft agreement and return to Project Manager 2/7/2019 LG b. Confirm insurance requirements, create Job on PINS, send PINS 2 City_ Attorney insurance notice to contractor. 2/7/2019 LG Approval of final agreement form to send to contractor. (Provide Dept. 3 Department Director Director Financial Sununai7, it Agreement) 2/8/2019 BG Forward three (3) originals of final agreement to contractor for their 4 Project Manager signature. 2/8,/2019 FG When necessary, contractor -signed agreement agendized for Council approval C'itm, Council approved required fru' Professional services Agreements and /� Purchases Ofgoods' anct s'e)vices that exceed S75,000amt fen' Public II'orks' �22—/1 // 5 Project Manager Contracts chat exceed S 175,O00 (Enter date of Council Meeting) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of y 6 Project Manager this routing form Resend 3128/19 FG 7 City Attorney Review and approve hard copy of signed agreement y h 8 City Attorney Review and approve insurance in PINS, and bonds (for public works contracts) u l z-;) % q City 9 Manager/Mayor Asreement executed by Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to project manager �G 11 Project Manager Forward Final Copy to Contractor