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HomeMy WebLinkAboutPW Essential Facilities Inspection ServicesSAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 5_k Meeting Date: June 19, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, City Manager Approval: Director of Public Works File No.: 06.01.231 TOPIC: INSPECTION SERVICES FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PHILLIPS SEABROOK ASSOCIATES FOR INSPECTION SERVICES RELATED TO THE ESSENTIAL FACILITIES PROJECTS AT STATIONS 52 AND 57 AND THE PUBLIC SAFETY CENTER, IN THE AMOUNT OF $173,600 RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute the professional services agreement with Phillips Seabrook Associates for the Essential Facilities projects. BACKGROUND: Measure E was passed by the voters of San Rafael on November 5, 2013 extending for 20 years an existing 0.5% sales tax and adding 0.25% (25 cents on a $100 purchase). On February 3, 2014, the San Rafael City Council directed staff to set aside the revenues from the added quarter percent to begin to address our aging essential facilities, including making critical improvements to our public safety facilities in San Rafael. In October 2014, the City hired Mary McGrath Architects to develop an Essential Facilities Strategic Plan and Kitchell CEM for project management and pre -construction services. The Strategic Plan updated the 2003 Citywide facility condition assessments, developed space needs of essential facilities, conducted feasibility studies of improving existing or new public safety facilities, and, importantly, developed project budgets and a funding plan which prioritized projects and developed a phasing and implementation schedule. The Strategic Plan identified that several of the current Police and Fire stations have reached the end their useful life. Phase I of Strategic Plan includes the development of a new public safety center downtown which combines the existing downtown Police Station with Fire Station 51Phase I also includes replacing Fire Stations 52 and 57. Currently, Fire Stations 52 and 57 have been demolished and the Notice to Proceed for the construction has been issued to Alten Construction. ANALYSIS: Essential Facilities have both routine construction inspection tasks that will be performed by staff from the Building Division assigned to these projects and special inspection requirements to ensure that the buildings remain available during and after seismic and other destructive events occur. FOR CITY CLERK ONLY File No.: 4-3-650 Council Meeting: 06/19/2017 Disposition: Resolution 14356 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 These special inspections, performed by an Inspector of Record (IOR) involve the inspection of complex construction operations including placement of foundations, steel supports, electrical and HVAC systems that must be installed in strict compliance with the building code to ensure the buildings remain operational. This inspection work occurs under the guidance of the Chief Building Official who has the ultimate approval of whether the new construction complies with the building code. The IOR provides an added layer of assurance to the Building Official that these Essential Facilities are constructed appropriately and the IOR provides a certification of each inspection. Staff is recommending that Seabrook Associates provide these special inspections for the Chief Building Official. Seabrook will perform specified on-site inspections, maintain detailed comprehensive, and systematic records of all inspections performed, attend project meetings as requested by the City or the construction management firm (Kitchell), review and monitor construction methods and procedures, and ensure compliance with all federal, state and local building codes relating to the special inspections required under the construction contract. Building Division staff will perform more routine periodic inspections common to all construction projects. A Materials Testing contract will also be required. The testing firm will provide detailed testing and monitoring of specific specialty items such as weld inspections (including x-rays), concrete strength testing, and rebar placement to ensure that the rebar is placed properly. The testing firm utilizes specialty equipment to perform the testing of materials placed. A separate professional services contract will be developed for this work and will be presented to the City Council at a future Council meeting. The Inspector of Record does not have the specialized expertise and testing equipment required to perform these tests, nor does the San Rafael Building Division. On March 30, 2017, Public Works solicited statements of qualifications including billing rates for inspection services. Three statements from qualified firms were received on April 12, 2017. All were evaluated by City staff and the construction management team, based on criteria specified in the request for qualifications. These criteria included expertise in the work to be performed, prior experience with similar projects, qualified personnel, and familiarity with City standards and the local area. Phillips Seabrook Associates has submitted a proposal to perform this inspection service for a not to exceed amount of $173,600. (Attachment 3) Staff recommends authorizing the City Manager to execute the agreement Phillips Seabrook Associates for inspection Services in the form attached as Attachment 2 to this report, subject to final approval as to form by the City Attorney. FISCAL IMPACT: These funds will be appropriated from the portion of Measure E revenues allocated to public safety facilities construction and improvements. OPTIONS: 1. Adopt the resolution authorizing the City Manager to execute a Professional Services Agreement with Phillips Seabrook Associates in the amount of $173,600. If this option is chosen, a contract will commence as soon as possible. 2. Do not approve the Professional Services Agreement and direct staff to rebid the Inspection Services. If this option is chosen, rebidding this professional services contract will cause delays in being ready to inspect the new construction on Station 52 and 57. This option is not recommended. ACTION REQUIRED: Adopt the resolution authorizing the City Manager to execute a Professional Services Agreement between Phillips Seabrook Associates and the City, in the form of Attachment 2 to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 this report, subject to final approval as to form by the City Attorney, in an amount not to exceed $173,600. ATTACHMENTS: 1. Resolution authorizing the City Manager to execute a Professional Services Agreement between Phillips Seabrook Associates and the City 2. Proposed Professional Services Agreement with Phillips Seabrook Associates 3. Exhibit A to Professional Services Agreement — April 19, 2017 Proposal RESOLUTION NO. 14356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PHILLIPS SEABROOK ASSOCIATES FOR INSPECTION SERVICES RELATED TO THE ESSENTIAL FACILITIES PROJECTS AT STATIONS 52 AND 57 AND THE PUBLIC SAFETY CENTER, IN THE AMOUNT OF $173,600 WHEREAS, in furtherance of the City of San Rafael's Essential Facilities Strategic Plan, the City is now commencing on the reconstruction of Fire Stations 52 and 57, City Project 11291-2-3, and will be going out to bid on the construction of a new Public Safety Center in the near future; and WHEREAS, due to a staffing shortage, the City requires outside professional assistance to provide the construction inspection services and Inspection of Record Services for the aforementioned projects; and WHEREAS, staff received a proposal, including a fee proposal, for the required construction inspection services dated April 19, 2017 from Phillips Seabrook Associates; and WHEREAS, staff and the project construction team have reviewed the proposal and fee proposal letter for $173,600 from Phillips Seabrook Associates, and has found it to be complete and within industry standards; and WHEREAS, there are sufficient funds in the Essential Facilities Fund #420 for this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute a Professional Services Agreement between Phillips Seabrook Associates and the City, in the form attached to the Staff Report supporting this Resolution and incorporated herein by reference, subject to final approval as to form by the City Attorney, in an amount not to exceed $173,600. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. 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 Council of said City on Monday, the 19th day of June, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 'e)W'C&C-C - ESTHER C. BEIRNE, City Clerk File No.: 06.01.231 AGREEMENT FOR PROFESSIONAL SERVICES WITH PHILLIPS SEABROOK ASSOCIATES FOR SPECIAL INSPECTIONS KNOWN AS "IOR" INSPECTOR OF RECORD SERVICES FOR ESSENTIAL FACILITIES PROJECTS This Agreement is made and entered into this 19t7#4 day of 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PHILLIPS SEABROOK ASSOCIATES, a California corporation (hereinafter "CONSULTANT"). RECITALS WHEREAS, the CITY has determined that a Special Inspector Known As "IOR" Inspector of Record Services For Essential Facilities Projects, is required in connection with the Essential Services projects which include the Public Safety Building; Fire Station #52 and Fire Station #57; and WHEREAS, the CONSULTANT has agreed to render such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Daryl Phillips is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide the services described in Consultant's Proposal dated April 19, 2017, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on an hourly rate at the "Unit Price Fees" specified in Exhibit A, in an amount not to exceed: $42,900 for the Fire Station 52 project; $42,900 for the Fire Station 57 project; and $87,880 for the Public Safety Center project. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on December 21, 2019 when the work shall have been completed, unless the parties agree to extend this Agreement for another 160 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. CONSULTANT shall furnish to CITY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project described in Exhibit A. C. CONSULTANT shall not be liable for claims, liabilities, or losses arising out of, or connected with the modification or misuse by CITY of, the machine-readable information and data provided by CONSULTANT under this Agreement; further, CONSULTANT shall not be liable for claims, liabilities, or losses arising out of, or connected with any use by CITY of the project documentation on other projects in addition to the project that is described in Exhibit "A," or for the completion of the project described in Exhibit A by others, except only such use as may be authorized in writing by CONSULTANT. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANTshall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO TJ IIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other parry. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Bill Guerin Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 TO CONSULTANT's Project Director: Daryl A. Phillips, CBO PHILLIPS SEABROOK ASSOCIATES 100 Stony Point Road Suite 190 Santa Rosa, CA 95401 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTIIER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM SCHUTZ, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: O ROBERT F. EPSTEIN, C Atto ey CONSULTANT By: Name: Title: and �^ By: Name:—r""04 C- Title: 6*- P- , SAN RAFAEL THE CITY WITH A MISSION CITY OF SAN RAFAEL REQUEST FOR PROPOSALS INSPECTOR OF RECORD SERVICES CITY OF SAN RAFAEL ESSENTIAL SERVICES FACILITIES PROJECTS PUBLIC SAFETY CENTER FIRE STATION 52 FIRE STATION 57 Suhnimcd I,%-: v Phillips Seabrook ASSOCIATES V Phillips Seabrook ASSOCIATES PLAN REVIEW AND OUILDING CODE CONSULTANTS April 19, 2017 Mr. Bill Guerin Director of Public Works City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Re: Request for Proposal for Inspector of Record Services City of San Rafael Essential Facilities Projects Public Safety Center Fire Station 52 Fire Station 57 Dear Mr. Guerin, Building Partnerships That Work Thank you for the opportunity to submit our Statement of Qualifications to provide Inspector of Record services to the City of San Rafael. Since 1978, Phillips Seabrook Associates has provided contract building official, plan review and inspection services to public agencies, and offers a solid background in all aspects including administration, plan review, inspection, code development and public process. Our proposal demonstrates that we have significant capabilities and experience in providing contract building department and inspector of record services to public agencies. We have also highlighted a number of current and past projects we have been involved with. At Phillips Seabrook Associates, we pride ourselves on providing the highest level of service and technical expertise. Our team of seasoned professionals ensures that we have adequate resources to complete projects on time and on budget. We appreciate the opportunity to provide this proposal and are ready to meet to discuss any aspects of it. Sincerely, Phillips Seabrook ASSOCIATES Daryl A. Phillips, BO Principal 100 Stony Point Road, Suite 190, Santa Rosa, CA 95401 • TEL 707-544-9500 - FAx 707-544-9502 • PhillipsSeabrook.com TABLE OF CONTENTS Introduction Scope of Inspections Services Personnel Client References Related Experience Schedule of Fees 3 7 10 11 12 INTRODUCTION Project Team. Our project team is highly qualified and will fully meet the needs of the City of San Rafael. Our project manager and team members are experienced in providing contract building official, plan check and inspection services and understand the client's perspective. Our knowledge and experience with municipal processes results in a service that is responsive to the needs of the client. Highly Qualified Project Manager and Staffing. Our proposed Project Manager, Daryl A. Phillips, CBO, has over 30 years of experience in project management for public agencies. Since 2007, he has served as the contract Building Official and Floodplain Manager for the City of Larkspur and has held the title of contract Building Official for the Cities of Belvedere, Corte Madera, Cotati, Sausalito, Soledad, St. Helena and Windsor. He is a Principal at Phillips Seabrook Associates which ensures that the City of San Rafael will have adequate resources provided to meet or exceed all contractual requirements. Our proposed Inspector of Record, Kevin Scott, has provided these services on many projects including the City of Novato Fire Station #64, numerous projects at Fort Mason Center including the SF Art Institute, numerous projects at The Presidio including the new Presidio Hotel, and miscellaneous projects for the National Park Service. Project Understanding. As a client oriented firm with over 35 years of proven municipal service, Phillips Seabrook Associates views itself as an extension of jurisdictional staff and we pride ourselves in being able to develop close working relationships with all stakeholders in the development review process. Our proposed team has worked with dozens of cities and counties in this capacity over the years Through these experiences and years of previous on-call assignments for local agencies, we have developed the unique skills required to respond to the client's needs. Capacity to Get the Work Done. Phillips Seabrook Associates is a full service consultant firm and can provide code expertise and professional services relating to structural, fire and life safety, electrical, mechanical, plumbing, accessibility, energy conservation and green building, all from our Santa Rosa office. With a full-time staff and additional resources available during peak periods, Phillips Seabrook Associates can respond to the client's needs in a timely and cost effective manner. Experience with Contract Building Department Services. Phillips Seabrook currently provides contract building department services to about 15 public agencies in Northern California. For all of our clients, we have consistently demonstrated flexibility, expertise, timeliness, and effective administrative oversight, consistent with the client's goals and objectives. During our 35+ years in business, we have provided plan check services on more than 20,000 structures in over 60 different municipalities in California and Oregon. Web Based Communication and Coordination. City staff can access our scheduling and project - tracking information from their desktop via web based integration. We are accessing the FTP sites of many design professionals to streamline the approvals process by downloading the necessary data in our office, saving time and conserving resources by eliminating blueprinting and shipping to the extent possible. We are also experienced with BIM (Building Information Modeling) software and the application of this for plan check on large and complex projects. Conflict of Interest. Because Phillips Seabrook Associates performs work only for public sector clients, or on their behalf, we do not have a real or perceived conflict of interest due to work involving the private development community. We regularly represent cities in a similar capacity. Organizational Structure and Staffing. One of the firms' principals oversees all work on a client by client basis to ensure consistency and timeliness of the work product. Staff plans examiners and building inspectors will carry out most of the day to day duties. Our current full time staffing of 7 includes two principals, three combination plans examiners / building inspectors, a building inspector and an office administrator. We also have an established array of available contract help for plan review and building inspection for peak periods, and engineering support available for large and complex projects that may require electrical, mechanical or specialized structural engineering reviews. Current Public Agency Client List Building Plan Check City of Albany, California City of Cotati, California City of Ferndale, California City of Fortuna, California County of Humboldt, California City of Larkspur, California County of Marin, California (Third Party) County of Mendocino, California National Park Service City of Novato, California Town of San Anselmo, California City of Santa Rosa, California (Third Party) City of Sonoma, California County of Sonoma, California The Presidio of San Francisco City of Trinidad, California City of Ukiah, California Building Inspection City of Albany, California City of Cotati, California City of Larkspur, California Town of San Anselmo, California County of Sonoma, California City of Ukiah, California National Park Service The Presidio of San Francisco Building Official City of Larkspur, California Town of San Anselmo, California SCOPE OF INSPECTION SERVICES The Scope of Services below Is not meant to be limiting in scope, but rather a standard outline of the services required. We understand there are certain nuances to providing contract services to different public agencies and are willing incorporate any additional items the City desires. GENERAL 1.1 Scope of Inspection Services is as follows; 1.1.1 Provide Inspection services to insure construction compliance in accordance with code, plans, specifications, and quality control required of Essential Service Buildings pursuant to Chapter 4 of the 2013 California Code of Regulations, Title 24, Part I including section 4-219. Perform all services required of the Project Inspector in the Construction Contract Documents and shall conform to all applicable laws, ordinances, rules and regulations. Issue correction and stop work notices and notify the City representative (Kitchell) or the City of San Rafael in writing if work does not conform to contract documents, codes, plans, and specifications. If the Contractor fails to immediately correct the deviation, Consultant shall notify Kitchell or the City of San Rafael in writing of the continued deviation and send copies of such notice to the Architect. 1.1.2. The Project Inspector shall provide the on-site Inspection under the general direction of the Architect and under the supervision of the Local Building Official. 1.1.3. The Projector Inspector shall provide competent, adequate and continuous inspection of all construction work as approved by the local Building Official, except for work that must be inspected by an approved special inspector. It Is the Project Inspector's responsibility to monitor work performed by special inspectors and testing laboratories. 1.1.4. The Project Inspector shall make and sign monthly duly -verified reports to the local Building Official, showing that of his or her own personal knowledge the work during the period covered by the report has been performed and materials have been used and Installed in every material respect in compliance with the approved plans and specifications, and setting forth such detailed statements of fact as shall be required. 1.1.5. Verify that Contractor's As -Built record documents are updated and review monthly prior to processing of Contractor's payment request. 1.1.6. Maintain liaison with the A/E team, Special Inspector's, Geotechnical Engineer, Testing Lab, Building Inspector's, Utility Inspector's, Kitchell or the City of San Rafael and other regulatory agencies and governing bodies as necessary to maintain project continuity. 1.1.7. The Project Inspector shall maintain detailed comprehensive, organized, assessable, and timely documentation of all testing and inspection performed for the City of San Rafael. 1.1.7.1 A systematic record of the tests/inspections performed by the Project Inspector 1.1.7.2 A job log of the Project Inspector's time spent on the Site(s). 1.1.7.3 Coordinate and log activities of other inspectors on the project. 1.1.7.4 Activities performed by the Contractors, and areas where work is performed, referenced to the plans and/or specifications. 1.1.7.5 Manpower assigned to each Contractor and Subcontractor, Including numbers of individuals in each trade and type of work performed. 1.1.7.6. Weather conditions. 1.1.7.7 Equipment and materials delivered to the site. 1.1.7.8 Construction equipment and vehicles utilized and duration on project. 1.1.7.9 Nature and location of the work being performed (starting and completion dates for various portions of the work). 1.1.7.10 Verbal communication and clarifications of the work given to the Contractor, 1.1.7.11 Inspection by representatives of regulatory agencies. 1.1.7.12 Occurrences or conditions that might affect Contract Sum or Contract Time. 1.1.7.13 Visitors to the site, titles, and reasons for visit. 1.1.7.14 Project Inspector's record journal to include "Pertinent Calls" relating to conflicting issues regarding changes to documents, i.e., plans, specifications, change orders and job conditions affecting the Interests of the City of San Rafael. 4 1.1.7.15 Any work or material In place that does not correspond with the codes, drawings or specifications, as well as resulting action taken. List any other problems or abnormal occurrences that arise during each day, including notations of any particular lack of activity on the part of the Contractor. Note corrective actions taken. 1.1.7.16 Times of day the Consultant was present on site. 1.1.8. Notwithstanding anything expressed or implied to the contrary, the Consultant shall comply with all federal, state, county and local government requirements bearing on the performance of his/her work. 1.1.9. Review and monitor Contractor's construction methods and procedures during all construction activities. 1.1.10. Attend all meetings as required by the Construction Contract Documents or requested by Kitchell or the City of San Rafael, e.g. pre -construction meetings, specification review meetings, coordination meetings, weekly progress meetings, pre -installation meetings, schedule review meetings, etc. 1.1.11. Assist Kitchell or the City of San Rafael, in scheduling all required site tests and testing laboratory visitations required by the contract documents. Observe and record dates and times of all test procedures and results. 1.1.12. When the Contractor's work or a designated portion thereof is substantially complete, prepare for Kitchell a list of Incomplete or unsatisfactory items via a "punch list" and submit to Kitchell and the City of San Rafael. 1.1.13. At completion of project, deliver a copy of all inspection records and any project correspondence to Kitchell. 1.1.14. Prior to commencement of work, Consultant will cooperate with Kitchell or the City of San Rafael to develop an inspection plan for all inspection required for the construction of the project(s). 1.1.15. At project completion, Project Inspector will verify Record Documents have been accurately updated by Design Consultant using Contractor's and Project Contractor's As -Build record documents along with any project documentation necessary as reference. 1.2. If inspections are required beyond fifty (50) miles from the project, per diem and mileage will be paid at a rate less than or equal to the then current travel policy of the City of San Rafael. 1.3. All invoices must be accompanied by the dally reports and laboratory tests results for that month. Payment by the Owner will be withheld until the aforementioned are submitted. 1.4. Unit costs for testing and inspection include all necessary equipment, expendables, and any administration or profit. No other costs will be considered. 1.5. Project Inspectors Certifications 1.5.1. The Project Inspector shall provide the City of San Rafael a copy of documents satisfactory to the City certifying that the Project Inspector and all of its employees, agents and sub -contractors hold proper certification and licensing to perform the required testing and inspection services require pursuant to this Agreement. 1.5.2. The Project Inspector certifies that it Is aware of the provisions of the California Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with those provisions before commencing the performance of the work of this Agreement. DARYL A. PHILLIPS, CBO, CFM Summary of Experience Daryl is a Principal with Phillips Seabrook Associates. He Is currently, and has been since 2007, the Building Official, Floodplain Administrator and ADA Coordinator for the City of Larkspur. Under his leadership, the building department has become a model of efficiency and performance. He writes departmental policies, building related ordinances and modifications to the Municipal Code, and provides financial projections. He is the liaison with FEMA for the 2014 FIRM map updates to the Ross Valley Watershed. He is currently or was the Principal in Charge for many of our higher profile projects including the Nordstrom and Preserve at Marin projects in Corte Madera, the Twin Cities Police Department and Rose Lane projects in Larkspur, the new CIRM building at the Buck Center in Novato, the Novato Fire Station and Novato City Hall, the Barlow retail complex in Sebastopol, the renovation of Fort Mason Pier 2 building, The Inn at The Presidio and a new Juvenile Hall complex in Eureka. He provides plan review for large, complex projects, essential services facilities, publicly funded projects and projects involving historically designated structures. He provides expert legal consultation on building code related matters. Previously, Daryl was President of The Phillips Group from 1993 thru 2010 and grew the firm into the North Bay's leading provider of building department services. He has over 35 years of experience combining architectural and engineering experience in the private sector, and regulatory services for the public sector. He has served as Building Official for the Cities of Albany, Belvedere, Cotati, Sausalito, St. Helena, Windsor and others. Daryl has served on the Board of Directors for the following organizations: County Building Officials Association of California (CBOAC) Board of Directors 2003 - 2006, Industry Member of the Year Award - 2005 Redwood Empire Association of Code Officials (REACO), President - 2005, Chair, Education Committee (17 Years) Salvation Army Santa Rosa, Advisory Board 2003 - 2007 and Current North Coast Builders Exchange, Board of Directors 1998 - 2000 American Institute of Architects, Redwood Empire (AiARE), Board of Directors 1994 -1999 Professional Registrations: ICC/CARO Certified Building Official ASFPM - Certified Floodplain Manager KEVIN B. SCOTT Summary of Experience Mr. Scott joined Phillips Seabrook Associates In July, 2013. He provides non-structural, energy, and green building plan reviews as well as building inspections. He has performed residential plan reviews for the Counties of Sonoma, Marin and Humboldt, and the Cities of Ukiah, Albany, Corte Madera, Larkspur, San Anselmo and Novato. He also provides as - needed residential and commercial building inspections for the Cities of Larkspur, Corte Madera, San Anselmo, Novato, The National Park Service and The Presidio Trust. He was the Inspector of Record for the Pier 2 Renovation of Fort Mason Center and the City of Novato Fire Station 64 project. He is currently the Inspector of Record for a large tenant improvement project in San Francisco as well as the San Francisco Art Institute Tenant Improvement Project at Fort Mason Center. He has experience with Tracklt and InCode permit tracking software. Prior to joining PSA he was a Senior Project Engineer with Kitchell, C.E.M. for about eight years. His duties included day-to-day construction management on large commercial and public projects. During this time, he was responsible for the construction of community college facilities and detention and police facilities. He was also an intern for a custom home building contractor while attending college. He has over fifteen years of experience in the construction industry. Kevin has a Bachelor's Degree in Construction Engineering Technology from Montana State University. Professional Registrations: ICC Certified California Commercial Building Inspector #8255321 ICC Certified California Residential Building Inspector #8255321 ICC Certified California Residential Electrical Inspector #8255321 ICC Certified California Residential Plumbing Inspector #8255321 ICC Certified CALGreen Inspector #8255321 ICC Certified CALGreen Plans Examiner #8255321 LEED Accredited Professional (GBCI #10647477) ED CAMPBELL Summary of Experience Ed has been a plans examiner and building inspector with Phillips Seabrook Associates since 2006. His responsibilities include plumbing, electrical, mechanical, accessibility, green building and structural inspection for all types of residential, commercial, and Industrial occupancies. Ed's time is typically divided between providing as needed building Inspection services for the Cities of Larkspur, San Anselmo, and The Presidio Trust. When not engaged in building inspection duties, he is in the office performing plan review. Ed has demonstrated excellent computer and communication skills, a strong work ethic, and the ability to innovate as necessary. Ed is proficient in the Microsoft Office Suite and network installation. Ed's prior experience includes roughly four months as an intern building inspector for the City of Sebastopol. Prior to that, his work experience was in retail management. Professional Registrations: ICC/Residential Building Inspector ICC/Commercial Building Inspector ICC/Residential Electrical Inspector ICC/Plans Examiner Disaster Assessment Certification SAP Certified W CLIENT REFERENCES City of Albany Town of San Anselmo Jeff Bond Sean Condry Community Development Director Public Works Director 510-528-5767 415-258-4616 jbond@albany.ca.org scondry@townofsananselmo.com City of Cotati City of Santa Rosa Glenn Schainblatt Mark Setterland Building Official Chief Building Official 707-792-4600 707-543-3234 sbd@sonic.net msetterland@srcity.org County of Humboldt City of Sebastopol Todd Sobolik Glenn Schainblatt Building Official Building Official 707-445-7245 707-823-8597 tsobolik@co.humboldt.ca.us sbd@sonic.net City of Larkspur City of Sonoma Neal Toft Wayne Wirick Director, Planning & Building Building Official 415-927-6713 707-938-3743 ntoft@ci.larkspur.ca.us waynew@sonomacity.org County of Marin County of Sonoma Bill Kelley Ben Neuman Building Official Building Division Manager 415-499-6556 707-565-1900 bkeliey@co.marin.ca.us Ben.neuman@sonoma-county.org County of Mendocino The Presidio of San Francisco Michael Lockett Michael McGill Chief Building Official Permitting Manager 707-234-6650 415-561-2785 lockettm@co.mendocino.ca.us MMcGill@presidiotrust.gov National Park Service City of Ukiah Yennga Khuong Charley Stump Project Manager, Real Estate & Planning Director of Community Development 415-345-7540 707-463-6219 yennga@fortmason.org charleys@cityofukiah.com City of Novato Annette Chavez Building Official 415-897-4335 achavez@novato.org T RELATED EXPERIENCE SAMPLES OF CURRENT OR RECENTLY COMPLETED PROJECTS Twin Cities Police Department - A new 18,000 s.f., $9 million, police department in Larkspur. Building Official, Plan Review and Inspector of Record services. The Buck Institute, CIRM facility - A new 64,000 s.f., $43 million, research facility in Novato. Plan Review services. Novato Administrative Office Building - A new 21,000 s.f., $11 million, City Hall facility. Plan Review services. Nordstrom Corte Madera - Selective demolition, remodel and addition of about 120,000 s.f., $28 million. Building Official and Inspector of Record services. Larkspur Building Department - Providing Building Official, Plan Review, Inspection, Floodplain Management and ADA Coordinator services for the City since 2007. The Barlow Project - A new commercial development of about 220,000 s.f. in 17 buildings, $38 million, in Sebastopol. Complete Plan Review services and inspection / verification of all site - related accessibility components. Novato Fire Protection District - A new 7,000 s.f., $3.5 million Fire Station #64 in Novato. Plan Review and Inspector of Record services. Rose Lane - A new residential development of 29 luxury single family dwellings, 14 cottages and 43 senior condominiums, $55 million in Larkspur. Building Official, Plan Review and Inspector of Record services. The Preserve at Marin - A rehabilitation and remodel of about 260,000 s.f., 7 buildings, $43 million, luxury apartments In Corte Madera. Building Official and Inspector of Record services. The Inn at The Presidio - A rehabilitation and remodel of about 44,000 s.f., 29 guest rooms, $15 million. The building formerly known as Pershing Hall, is on the Federal Register of Historical Buildings and located on the Main Post at The Presidio. Plan Review and Inspector of Record services. Belmont Village, Albany - A new 175 unit, 191,000 s.f., $35 million, Type IB Assisted Care Facility. Plan review and Inspector of Record services. The Presidio Trust - Since 2008, we have provided Plan Review and Inspector of Record services on over 50 different projects from simple tenant improvements to larger, more complex buildings and uses. SCHEDULE OF FEES The amount of time spent is subject to certain variables. Required meeting time outside of the regularly scheduled OAC meetings, review time for code related RFI's and ASI's, time spent reviewing special inspection and testing reports, number of failed inspections, etc., all can have an Impact on the total fees for any given project. Based on our experience with similar projects, our time spent is usually in the form of a bell curve. We will spend a lesser amount of time in the early and late stages and a greater amount of time during the middle of the project. The estimates below are based on an average over the course of the project. For Fire Station 52, we estimate an average of 4 hours per week for the Inspector and 1 hour per week for the Project Manager. Based on the construction schedule provided Indicating a 14 month duration, our total estimated fees are $42,900.00. For Fire Station 57, we estimate an average of 4 hours per week for the Inspector and 1 hour per week for the Project Manager. Based on the construction schedule provided indicating a 14 month duration, our total estimated fees are $42,900.00. For the Public Safety Center, we estimate an average of 5 hours per week for the Inspector and 1 hour per week for the Project Manager. Based on the construction schedule provided indicating a 24 month duration, our total estimated fees are $87,880.00. UNIT PRICE FEES The amount to be paid to the Consultant, as prescribed herein, shall be total compensation for all services and expenses incurred in the performance of the work described in this RFP. The following compensation rates include direct salary, mandatory costs, mileage traveled between Fire Station Sites, applicable taxes, benefits, overhead and profit. This schedule is based on Consultant's proposed fees as negotiated and agreed by the City of San Rafael, Standard Rate: Project Manager $195/Hour Inspector $130/Hour Alternate Rate:' Project Manager $195/1-Iour Inspector $165/Hour '(For Sundays and Holidays only, with prior approval) 12 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: Department of Public Works Project Manager: Cindy Ray Extension: x5326 Project Name: Inspector of Record Services - Essential Facilities Projects, Public Safety, FS #52, FS #57 Contractor Name: Phillips Seabrook Associates Contractor's Contact: Daryl A. Phillips Contact's Email: darvli7n.Dhillinsseabrook.com Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 5/12/2017 ® CR b. Email contract (in Word) & attachments to City 5/12/2017 Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 5/19/2017 ® LAG and return to Project Manager b. Confirm insurance requirements, create Job on 5/19/2017 ® LAG PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 5/21/2017 ❑ CR 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 ❑ CR Public Works Contract > $125,000 Date of Council approval Click here toenter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 06/16/17 ❑ CR Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds Iu/o A-- (for Public Works Contracts) 8 City Manager/ Mayor I Agreement executed by Council authorized official I 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager hP� RAFq�` F 2 r, y" T� WITH Ad ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 6/19/2017 From: Bill Guerin Department: Public Works Date: 6/5/2017 Topic: INSPECTION SERVICES FOR THE CITY OF SAN RAFAEL ESSENTIAL FACILITIES PROJECT Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PHILLIPS SEABROOK ASSOCIATES FOR INSPECTION SERVICES RELATED TO THE ESSENTIAL FACILITIES PROJECTS AT STATION 51, 52, & 57 IN THE AMOUNT OF $173,600, IN A FORM APPROVED BY THE CITY ATTORNEY Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved with minor change to the Reso. Van Bach ® City Attorney Remarks: LG -Approved 6/14/17 with changes shown. ® Author, review and accept City Attorney / Finance changes Remarks: M City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: