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HomeMy WebLinkAboutPW Essential Facilities Consultants Contract AmendmentsAgenda Item No: 4.h Meeting Date: January 22, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Department of Public Works Prepared by: Bill Guerin, Director, Public Works City Manager Approval: TOPIC: ESSENTIAL FACILITIES CONSULTANTS CONTRACT AMENDMENTS SUBJECT: RESOLUTIONS 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 MARY MCGRATH ARCHITECTS (MMA), AND WITH KITCHELL CEM, INC. (KITCHELL) FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52 AND FIRE STATION 57). RECOMMENDATION: Adopt the following resolutions relating to the Essential Facilities Strategic Plan: 1.Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mary McGrath Architects (“MMA”) for Extended Architectural and Engineering (“A/E”) Services in Construction, Increasing the Agreement Amount by $60,324, for a Total Amount Not to Exceed $5,754,701. 2.Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Kitchell CEM, Inc. (“Kitchell”) for Extended Construction Management Services, Increasing the Agreement Amount by $49,980 for a Total Amount Not to Exceed $3,601,732. BACKGROUND: Measure E, passed on November 5, 2013, extends the existing one-half percent local sales tax and increases the rate by one-quarter percent to provide funding that cannot be taken by the State, and can be used to preserve essential city services. 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 consulting services (design services for MMA and project management and pre-construction services for Kitchell) for the three Phase I projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57)). Within this overall budget, there was a line item budgeted amount for design contingency of $515,658. ____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-582 (McGrath) & 4-3-583 (Kitchell) Council Meeting: 01/22/2019 Disposition: Resolution 14623 & 14624 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On September 21, 2015, the City of San Rafael executed professional services agreements with MMA to provide design services for the Phase 1 Essential Facilities projects in the amount of $5,345,132, and with Kitchell to provide project management and pre-construction services for the Phase 1 Essential Facilities projects in the amount of $3,314,277, for a total of $8,659,409. Since the final negotiated contract amount came in lower than the Strategic Plan identified, this resulted in an unallocated project savings of $1,297,396. 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 agreements with MMA and Kitchell for additional services related to the Essential Facilities Projects. Upon completion of the amendment, the total contract value of the MMA contract became $5,694,377 and the total contract amount for Kitchell became $3,551,752. The total balance of project savings that remained unallocated after amendments to MMA and Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129) was $710,676. ANALYSIS: The original contract with our consultants envisioned completing all three essential facilities projects as a single project. During design, the Public Safety Center project was separated and developed as a separate construction contract. The two fire station projects (52 and 57) were awarded on June 5, 2017 as a single construction contract. Subsequently, the Public Safety Center project was awarded on February 5, 2018. During the construction phase at FS 57, unforeseen site conditions were discovered while deep utility excavation activities were performed as part of the new building foundation work. This caused the project completion date to be extended (anticipated March 2019 for Station 52 and May 2019 for Station 57). Due to this time extension of the construction completion for the single construction contract for Stations 52 and 57, the original design contracts with our consultant Mary McGrath Architects and project manager Kitchell need to be amended to extend their services through project completion. MMA is continuing to answer questions, respond to change-order requests and attend weekly site meetings with the City project team and the construction contractor, and must be available through the duration of the construction contract. Kitchell has staff on-site and must continue to manage the construction project until the completion of both stations. Staff proposes that the contracts for MMA and Kitchell be amended and a portion of the previously unallocated contingency budget be allocated to fund the needed scope and time extension, specifically an additional $60,324 to the MMA contract and an additional $49,980 to the Kitchell contract to extend the construction administration and project management services required to complete the Fire Station 52 and 57 projects. The Public Safety Center project was awarded on February 5, 2018. The construction duration of the Public Safety Center is approximately two years. The Public Safety Center construction is anticipated to be completed in the spring of 2020. The original design and project/construction management contracts are scheduled to terminate in June 2019 and included an option to extend the contracts for one additional year. As stated above, the Public Safety Center was separated from the Fire Stations and developed as a separate contract. This anticipated completion date would require the City to extend the term of the professional services agreements with MMA and Kitchell to complete the Public Safety Center project. Therefore, Staff also recommends extending the term of both Agreements by one year to terminate on June 30, 2020. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: Upon execution of the proposed amendment, the total value of the MMA contract will be $5,754,701 ($5,694,377+$60,324) and the total value of the Kitchell contract will be $3,601,732 ($3,551,752+$49,980). Sufficient funds are available in the total balance of project savings described above. In addition, on December 3, 2018, the City Council approved an amendment to the lease agreement with the County of Marin/CSA 19 for Station 57 which has provided up to an additional $655,500 to the project. OPTIONS: •Adopt the resolutions as presented. •Direct staff to modify the resolution(s). RECOMMENDATION: 1.Adopt the attached Resolution to amend MMA’s contract. 2.Adopt the attached Resolution to amend Kitchell’s contract. ATTACHMENTS: 1.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 Mary McGrath Architects, Inc. for additional services related to Phase 1 Essential Facilities Projects (Fire Station 52 and the Fire Station 57), as necessary, in an additional amount not to exceed $60,324. 2.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. for additional services related to Phase 1 Essential Facilities Projects (Fire Station #52 and the Fire Station #57), as necessary, in an amount not to exceed $49,980. RESOLUTION NO. 14623 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 MARY MCGRATH ARCHITECTS (MMA) 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 $60,324. 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 Mary McGrath Architects (“MMA”) for architectural and design, bidding, and construction administration services and with Kitchell CEM, Inc. (“Kitchell”) for project management and pre -construction 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 MMA to provide design, bidding, and construction administration services for the Phase 1 Essential Facilities projects in the amount of $5,345,132; 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 MMA. Upon completion of the amendment, the total contract value of the MMA contract became $5,694,377; 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 MMA; and WHEREAS, the overall Phase 1 project completion date is anticipated to extend beyond the June 30, 2019 termination date of the MMA agreement into 2020; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 2 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 Mary McGrath Architects, for necessary additional services in the amount of $60,324, for a total not-to-exceed contract amount of $5,754,701, 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 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (FIRE STATION 52 AND FIRE STATION 57) THIS SECOND AMENDMENT to Professional Services Agreement is made and entered into this ZZ day of 36,10kA& tl , 2019, 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 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 CONTRACTOR for architectural and design, bidding, and construction administration 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 Architectural and Design, Bidding, and Construction Administration Services" on the Phase 1 Essential Facilities projects, in the amount of $5,345,132 (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 $5,694,377; 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 CONTRACTOR and extended the Fire Station project completion date; and has resulted in a need for additional services by �dIVAL CONTRACTOR; and WHEREAS, by Resolution No. 14623, adopted on January 22, 2019, 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 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 $60,324, for additional services to be performed pursuant to this Second Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $5,754,701. 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 shall remain valid and shall be in force after this amendment. 2 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL I 0�w J TZ i ty Manager ATTEST: --�2r �� LINDSAY LARA, City Clerk APPROVED AS TO FORM: L'--akm"� - 2PE ROBERT F. EPSTElT,4 CityAtt rney CONTRACTOR By: ' L Name: r Title: [If Contractor is a corporation, add signature of second corporate officer] By: Name:% Title: ® Exhibit A January 10, 2019 Ms. Cristine Alilovich Assistant City Manager City of San Rafael 1400 Fifth Avenue, Room 203 San Rafael, CA 94915-1560 Dear Cristine, During the period of soil evaluation and mitigation at Station 57, MMA continued to provide services relating to the general course of construction for Fire Station 57, including: 1. Responding to contractor questions; Participating in weekly on-site construction meetings (vs bi-weekly per MMA's Contract) and reviewing items related to construction progress; Coordinating subconsultant review of submittals and field questions. The soil contamination extended the contract completion date resulting three months of additional CA services: $25,800 Additional tasks that MMA performed related to the soils mitigation at Station 57 included: 1 . Research records related to fuel spill data; Coordinating with City staff related to site research; Participated in multiple conference calls and special on-site meetings to discuss alternatives for moving the project forward: Three special site meetings, two meetings with City staff and two days of record research: $13,800 2. Researched multiple options for redesign of the storm drain system to avoid the contaminated area, including relocating the fire station; Redesign effort by MMA and Sandis: $ 7,800 3. Researched and implemented a re -design of the electrical service from the sub- surface transformer to a pad mounted transformer to avoid the deep trenches necessary to install the sub -grade transformer; Created multiple exhibits for review and approval by the City and subsequent contract document exhibits. MMA and Thoma Electric redesign effort: $12,924 This results in a total add service request of $60,324. Please let me know if you have any questions. Thank you V Mary McGrath, AIA President 1212 OkOADWAY. 5UITE 401 v OAKLAND. CALIFORNIA 94612 0 O 510 208 9400 0 WWW MARYMCGRATHARCHITECTS COM EXHIBIT A 2 3 4 5 6 7 9 10 II P� RAF,q� 4l ci �•, ry w'�rK w`r` 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 MMA Amendment Contractor's Contact: Mary McGrath Architects Contact's Email: Fabv Guillen RESPONSIBLE DEPARTMENT DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) & attachments to City Attorney c/o Project Manager Laraine.Gittens@cityofsanrafael.org cityofsanrafael.org a Review, revise and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS City Attorney insurance notice to contractor. Approval of final agreement form to send to contractor. (Provide Dept. epartment Director Director Financial Summar), ir/Agreeutenr) Forward three (3) originals of final agreement to contractor for their Project Manager signature. When necessary, contractor -signed agreement agendized for Council approval Citi- Council approval required fru• Pro fessional Services Agreements and Purchases oJ'goodc and senlces that exceed 575,000 andfin- Public Works Project Manager Contracts that exceed S175,000 (E)terdwe oJ'Council ,fleeting) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of thi Project Manager routing form City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for public works �-3 -52)2, COMPLETED DATE I REVIEWER (Initial 1/31/2019 FG 2/5/2019 LG Attorney contracts) / City ger/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project Z I -15 l y Clerk manager :t Manager I Forward Final Copy to Contractor i 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: 2 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 SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES THIS SECOND AMENDMENT to "Agreement for Professional Services for Project and Construction Management Services" is made and entered into this _2_tp_ day of 20 10, and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KITCHELL CEM INC., a California Corporation, (hereinafter "CONTRACTOR"). WHEREAS, on October 1, 2015, the CITY and CONTRACTOR entered into an "Agreement for Professional Services for Project and Construction Management Services" (the "Agreement") pursuant to which CONTRACTOR would provide specified project and construction management services for the Phase I projects (new Fire Stations 52 and 57 and new Public Safety Center) of the CITY'S Essential Facilities Strategic Plan; and WHEREAS, the CITY'S general contractor, Alten Construction, Inc., ("CITY'S General Contractor") is in the process of constructing the Phase 1 projects; and WHEREAS, on June 29, 2017, the CITY entered into an amendment to the Agreement to include additional services and compensation ("First Amendment"); and WHEREAS, CITY and CONTRACTOR now desire to further amend the Agreement to modify the staffing plan for CONTRACTOR'S remaining services in connection with the Phase I projects; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR", as amended by the First Amendment, is hereby further amended to modify CONTRACTOR'S services and staffing as described in CONTRACTOR'S letter to CITY dated June 21, 2018, attached as EXHIBIT A to this Second Amendment. 2. Section 4 of the Agreement, entitled "COMPENSATION", remains unchanged by the Amendment. 3. Pursuant to a meeting held on April 17, 2018 between the CITY and CONTRACTOR, notes of which are attached as EXHIBIT B to this Second Amendment, EXHIBIT 1 of the Agreement is hereby amended to eliminate fi•orn the Scope of Services CONTRACTOR'S reconciliation of Phase 1 project costs with the CITY "General Ledger" (hereinafter "GL"); and to provide that CONTRACTOR shall maintain an invoice log of all invoices sent to CONTRACTOR for the use of the CITY in reconciling GL with Phase I project expenses, and CONTRACTOR shall be permitted to rely on Cost Reports produced by the CITY for the purposes of updating the Phase 1 project budgets. 4. "Perform Quality Control of Contractor Work" from Section 2 of EXHIBIT 1 of the Agreement ("Construction Administration for Phase 1 Projects") is hereby amended to define Quality Control as administration of the Construction Contract for Phase 1 work specific to ensuring pre- installation conferences are held; and to provide that CONTRACTOR shall perform periodic site observations for general conformance with the Construction Documents and shall be permitted to rely on third party Inspector of Record reports and Special Inspections for more detailed quality reports. The Parties agree that CITY'S General Contractor remains in the best position to perform Quality Control 6Ra�li�AL of their work, and the work of their subcontractors. 5. "Schedule City and special inspections" from Section 2 of EXHIBIT 1 of the Agreement is hereby amended to read "Schedule special inspections upon receipt of inspection request from CITY'S General Contractor. CITY'S General Contractor, as required by the terms of the Construction Permit, is required to schedule inspections with the City Inspector via the automated inspection request line. CONTRACTOR agrees to endeavor to ensure that CITY'S General Contractor schedules the inspections as required. In the event of non -conforming work or a missed inspection, CONTRACTOR agrees to coordinate the work of CITY'S General Contractor with the CITY'S Inspectors as appropriate. 6. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties, as amended by the First Amendment, shall remain valid and shall be in force after this Second Amendment. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL By: JI SCHUTZ, Ci Manager ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, ity Atto •ney KITCHELL CEM, Inc. By. DAVID GLAVMLLI, Sr. 'ce President C XITCHELL June 21, 2018 Jim Schutz City Manager, City of San Rafael 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Revised Staffing Plan for the Phase 1 Projects - Public Safety Center, Fire Station 52 and the Fire Station 57 Dear Mr. Shutz, This letter is a follow-up to our letter written February 20th, 2018 and our discussion with Cristine Allilovich and Bill Guerin on June 5th. Despite our recommendation against reducing Kitchell's originally contracted staffing hours, per your request, we have completed an evaluation of the staffing levels required to stay in line with the current contract values without added cost while still maintaining coverage throughout the duration of the projects. Below is a revised staffing plan for Fire Stations 52/57 and the Public Safety Center project to achieve the request of completing the current projects within the current contract values, accompanied by our recommendation to authorize the amendment. 1. Revised Staffing Plan - Summary by Total Hours: Projected hours for project staff are revised below. These are the hours necessary to stay within the bounds of the original fee proposal if the add service is rejected as a whole. Please reference the project coverage section below for a description of how these hours impact site coverage. The overall program staffing is reduced in order to meet the current contract values. Program Director time is reduced to 40 hours a month until January 2020. Similarly, Executive time will be limited to approx. 8 hours per month in 2018 and then to 4 hours per month in until completion. Project Scheduler time will continue. Jamie Milliner's hours from 6/18 through 8/18 have been relocated to Hank Dagenais and the reimbursable budget of $79,497 is used for Hank from December 2018 through February 2019. 2. Revised Staffing Plan - Presented by Project Coverage: Fire Station 52 and 57: Reduced to a single Project Manager. These projects have both proceeded far enough along in construction that there is less risk of unforeseen conditions. Therefore, while not ideal, reduced management of these projects is possible with a single PM at no additional cost. This assumes no additional delays beyond the Kitchell's control. Fire Station Role May 38 Jun 38 Jul 18 Aug 18 Sep 18 Oct 18 Nov 18 Dec 18 2018 Total 2019 Total 2020 Total DAGENAIS JR, HENRY G PM 160 160 200 160 160 200 160 160 1848 320 0 MEZA, JORGE PM 160 160 200 160 160 200 160 160 2008 2040 320 MILLINER,JAMESC PM 160 0 0 0 0 0 0 0 768 0 0 TOYAMA, AUSTIN PE 160 160 200 160 160 200 160 160 1816 1800 0 JOHAL, BILLS Exec. 16 1 8 1 8 8 8 8 8 1 8 172 48 8 JOHN WATICINS I PD 52 40 1 40 1 40 40 1 40 40 40 589 480 39 SCHEDULING I op. 8 8 1 8 1 8 8 1 8 J 8 1 8 90 96 32 The overall program staffing is reduced in order to meet the current contract values. Program Director time is reduced to 40 hours a month until January 2020. Similarly, Executive time will be limited to approx. 8 hours per month in 2018 and then to 4 hours per month in until completion. Project Scheduler time will continue. Jamie Milliner's hours from 6/18 through 8/18 have been relocated to Hank Dagenais and the reimbursable budget of $79,497 is used for Hank from December 2018 through February 2019. 2. Revised Staffing Plan - Presented by Project Coverage: Fire Station 52 and 57: Reduced to a single Project Manager. These projects have both proceeded far enough along in construction that there is less risk of unforeseen conditions. Therefore, while not ideal, reduced management of these projects is possible with a single PM at no additional cost. This assumes no additional delays beyond the Kitchell's control. Fire Station Jun 16 Jul 18 Aug 18 Sep 18 Oct 18 Nov 18 Dec 18 Jan 19 Feb 19 52 & 57 Hank/Intern Hank/Intern Hank/Intern Hank Hank Hank Hank Hank Final Kitchell CEM 2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com C KITCHELL In order to mitigate some of the risk to the FS 52 & 57 project, Kitchell has proposed staffing a Project Engineer Intern full time from June 2018 through August 2018. This will help ensure that the full time PM on FS 52 & 57 is able to focus their full attention on management activities while the Project Engineer Intern manages administrative items. The Project Engineer Intern is very familiar with the San Rafael projects as she provided similar project assistance on FS 52 and 57 last summer. Without this individual, the onsite Project Manager and Program Director will be spending their time on administrative tasks at much higher bill rates while deprioritizing management tasks. We highly recommend that the City allow this additional staff member to help during this transitional period. Public Safety Center and Fire Station 51 have been revised, see the below table. Jorge Meza will oversee construction through completion of the project. The project engineer will leave the site in mid-November 2019. Onsite staffing during interior finishes and closeout are reduced to a single full time PM. PSC/FS 5! 3. Conclusion As you can see from the analysis above, we have satisfied your request to reallocate the staffing for the Phase 1 projects to stay in line with the current contract values. However, the levels of project support for the remaining duration of the Phase 1 projects have been significantly reduced. Equally significant is the reduction of program and senior level oversight along with project controls. Finally, effective November 2019, we will be down to a single PM on the $35M PSC project for the final five months of the project. With this level of staff reduction, our team will not be able to provide the same level of services that were agreed to at the onset of this project. Therefore, this revised staffing plan will require the City's Project Manager to take a more active role in the completion of the construction phase at Fire Station 57 along with an increased role in the Closeout activities for Fire Stations 52, 57, and the PSC project. The following items will not be covered by the Kitchell team and will need to be handled by the City's Project Manager, 1. Invoicing/Cost Control of City's Accounting, GL maintenance 2. Full Coordination of Offsite Contractors/Vendors 3. Owner Requested Changes at FS 52/57, e.g. fueling station, roofing revisions at tower, etc... 4. Utility Coordination offsite, i.e. PG&E for offsite utility installation, Comcast, etc... In addition, we will require the City's Project Manager to take a major active role in the Closeout process for FS 52/57 and PSC. The items will include, 1. Assisting with Punch list scope in coordination with Kitchell 2. Receipt and management of the project closeout documentation, including 0&M's and Warranties 3. Certificate of Occupancy Coordination with Public Entities 4. NOC filing with the County 5. Move -in Coordination Kitchell CEM 2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com Jan 18 Jorge Feb 18 Jorge Mar 18 Jorge Apr 18 Jorge May 18 Jorge Jun 18 Jorge Jul 18 Jorge Aug 18 Jorge Sep 18 Jorge Oct 18 Jorge Nav 18 Jorge Dec 18 Jorge Austin Austin Austin Austin Austin Austin Austin Austin Austin Austin Austin Austin Jan 19 Feb 19 Mar 19 Apr 19 May 19 Jun 19 Jul 19 Aug 19 Sep 19 Oct 19 Nov 19 Dec 19 it Jorge Jorge Jorge Jorge Jorge Jorge Jorge Jorge Jorge Jorge Jorge Jorge Austin Austin Austin Austin Austin Austin Austin Austin Austin Austin Jan 20 Feb 20 Mar 20 Apr 20 May 20 Jun 20 Jul 20 Aug 20 Sep 20 1 Oct 20 Nov 20 Dec 20 Jorge Final 3. Conclusion As you can see from the analysis above, we have satisfied your request to reallocate the staffing for the Phase 1 projects to stay in line with the current contract values. However, the levels of project support for the remaining duration of the Phase 1 projects have been significantly reduced. Equally significant is the reduction of program and senior level oversight along with project controls. Finally, effective November 2019, we will be down to a single PM on the $35M PSC project for the final five months of the project. With this level of staff reduction, our team will not be able to provide the same level of services that were agreed to at the onset of this project. Therefore, this revised staffing plan will require the City's Project Manager to take a more active role in the completion of the construction phase at Fire Station 57 along with an increased role in the Closeout activities for Fire Stations 52, 57, and the PSC project. The following items will not be covered by the Kitchell team and will need to be handled by the City's Project Manager, 1. Invoicing/Cost Control of City's Accounting, GL maintenance 2. Full Coordination of Offsite Contractors/Vendors 3. Owner Requested Changes at FS 52/57, e.g. fueling station, roofing revisions at tower, etc... 4. Utility Coordination offsite, i.e. PG&E for offsite utility installation, Comcast, etc... In addition, we will require the City's Project Manager to take a major active role in the Closeout process for FS 52/57 and PSC. The items will include, 1. Assisting with Punch list scope in coordination with Kitchell 2. Receipt and management of the project closeout documentation, including 0&M's and Warranties 3. Certificate of Occupancy Coordination with Public Entities 4. NOC filing with the County 5. Move -in Coordination Kitchell CEM 2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com C KITC H E LL' At these revised staffing levels there is no capacity to take on any non -contract scope, including off-site utilities, management of Owner procurements beyond coordination with City staff, coordination of MERA and dispatch functions, and invoice/budget management. City staff should assume management of these activities. Per the City's request, if there is a desire to reduce costs by an additional $100K in order to have an allowance should the PSC extend past the current February 2020 completion date, then one option to achieve this would be to reduce PE staffing on the PSC by an additional five months in 2019. We suggest monitoring construction progress in 2018 and early 2019 to determine if this is necessary, however, we would recommend against this action as the reduction on Kitchell staff would add additional workload for the City's PM. Thank you for the opportunity to provide these services. If this revised staffing plan is acceptable to the City, I would request a No Cost contract amendment to document changes to staffing levels and scope within our current contract with the City of San Rafael. If you have any questions, please do not hesitate to contact me at this office. Sincerely, Bill Johal Executive Director Kitchell CEM 2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com EXHIBIT B John Watkins From: John Watkins Sent: Tuesday, April 17, 2018 8:42 PM To: Bill Guerin; Van Bach; Christine Foster, Fabiola Guillen-Urfer Cc: 'Bill Johal (bjohal@kitchell.com); Jamie Milliner amilliner@kitchell.com) Subject: Reconciliation Meeting Summary Bill/Van/Christine/Faby, Thank you for a productive meeting today, and thank you to Bill/Van for recognizing the need to meet. After discussions, as a team we were able to recognize where each other's difficulties were and come away with a modified process that suits everyone's needs. I'm sure we'll need to tweak it along the way, but the following is what I came away with: 1. GL is aligning with Budget Report currently — there are no reconciliation issues. 2. San Rafael PW will enter Kitchell Coding into Vendor Description. This will help us isolate the vendor in reports that are provided by the City. To start this will be on a "Go Forward", all agreed there was no benefit to retroactive entry at this time. 3. Kitchell to provide a "Google Doc" Invoice Log that can be edited in real time by San Rafael PW. When check runs are complete, San Rafael PW will add the check run number in its own column next to the invoices paid in that check run. If there are any discrepancies in the future this will aid Kitchell in understanding what is paid, and ultimately the City has a reference as to what else is coming. 4. San Rafael Finance manages assets in securities, meaning draws must be planned in advance. Now that bonds are sold, the current cashflow will become a static "snap shot". We suggested an approach of keeping sufficient cash on hand to cover a 2 month "rolling average" of the largest months in order to cover cash needs. a. Kitchell to provide copies of our monthly schedule reviews that contain a ROM cash flow for Alten's billings only. As Alten is the largest cash draw each month, this will help ensure that any impacts to cash flow due to delays are understood by San Rafael Finance. b. Other potential impacts to be discussed in advance. 5. Reconciliation should be relatively straight forward, unless there are issues moving forward. a. With the revised process, more directed questions should be able to be asked in the event of a discrepancy. Apologies if I missed anyone on this email, please forward to any other attendees for comment. RAP ►1 2 �o r�TyH'H Pd``' IT 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: 3_435 Project Name: FS 52, 57 and PSC Contractor's Contact: Kitchell CEM Contact's Email: fabiolag@cityofsanrafael.org T RESPONSIBLE Step I DEPARTMENT DESCRIPTION COMPLETED DATE I REVIEWER (initials) 1 2 3 4 5 6 7 8 9 10 11 a. Email PINS Introductory Notice to Contractor NA b. Email Contract (in Word) & attachments to City Attorney co Project Manager Laraine.Gittens a cityofsanrafael.org 10/26/2018 FG a. Review, revise and comment on draft agreement and return to Project Manager 10/30/2018 b. Confirm insurance requirements, create Job on PINS, send PINS City Attorney insurance notice to contractor. A Department Approval of final agreement form to send to contractor. (Provide Dept. Director Director Financial Summary wl Agreement) ' I Forward three (3) originals of final agreement to contractor for their Project Manager signature. 12/20/2018 FG When necessary, contractor -signed agreement agendized for Council approval 01-qu i Council approval requiredfor Professional Senuces Agreements and purchases of goods and services that erceecl S75, 000 aid for Phhhlic IParks Project Manager Contracts that exceed 5175,000 (Enter date of Council Afeeting) NA PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of Project Manager this routing form FG 1i12/20/2018 City Attorney Review and approve hard copy of signed agreement City Attorney Review and approve insurance in PINS, and bonds (for public worksk contracts) / b %/ City `� Manager/Mayor Agreement executed by Council authorized official 1 Attest signatures, retains original agreement and forwards copies to project City Clerk manager 1 12A I I a Project Manager Forward Final Copy to Contractor