HomeMy WebLinkAboutPW Downtown Library Renovation Project____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 04/07/2025
Disposition: Resolutions 15392 and 15393
Agenda Item No: 4.j
Meeting Date: April 7, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works & Library and Recreation
Prepared by: Andrew Powell, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ______________
TOPIC: DOWNTOWN LIBRARY RENOVATION PROJECT
SUBJECT: RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE:
1) A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM
ARCHITECTS FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE DOWNTOWN LIBRARY MODERNIZATION PROJECT, IN THE ADDITIONAL AMOUNT
NOT TO EXCEED $47,640, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT UNDER THE
AGREEMENT TO $439,371, AND EXTEND THE CONTRACT BY THREE MONTHS; AND
2) A SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT WITH UNGER
CONSTRUCTION, CO. IN AN ADDITIONAL AMOUNT OF $100,000, FOR A TOTAL OF $2,200,000
FOR THE PROJECT, APPROPRIATING $100,000 FROM AVAILABLE LIBRARY SPECIAL
ASSESSMENT FUND BALANCE (FUND 215) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR
TO TAKE RELATED ACTION.
RECOMMENDATION:
Staff recommend that the City Council adopt resolutions:
1)Authorizing the City Manager to execute the second amendment to the Professional Services
Agreement with Noll & Tam Architects for construction administration services in an additional
amount of $47,640, increasing the total not-to-exceed amount of the agreement to $439,371, and
extending the term of the contract by an additional three months; and
2)Authorizing the City Manager to execute the second amendment to the construction contract
amount with Unger Construction Co. in an additional amount of $100,000, for a total of $2,200,000
for the project, and authorizing a supplemental budget appropriation of $100,000 from available
Library Special Assessment Fund (formerly Measure C - Fund 215) fund balance to support this
contract amendment.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
BACKGROUND:
The Downtown Library Modernization Project seeks to address a selection of critical infrastructure,
accessibility, and life-safety upgrades identified in the 2019 Existing Facilities Report, as well as some
design improvements to create a more open, flexible environment that better meets the library’s
operational needs. This project does not increase the square footage of the building and does not address
the long-term need for additional library space, as identified in the 2019 Library Facility Planning Study.
The City has secured $3,000,000 in funding for this project, which includes $2,000,000 in California State
Library grants and $1,000,000 in memorial funds donated to the City to improve library facilities.
On January 17, 2023, the City entered into a Professional Servies Agreement with Noll & Tam Architects
for the Preliminary Design portion of the project, for an amount not to exceed $67,905. On September
18, 2023, City Council awarded a first amendment to the professional services agreement to Noll & Tam
Architects for architectural, engineering, and interior design services in the amount not to exceed
$391,731.
On September 16, 2024, the City entered into a Construction Agreement with Unger Construction Co. for
the construction of the Downtown Library Renovation project, for an amount of $1,825,000, and
authorized the City Manager to amend the contract amount using contingency funds of $275,000, for a
total of $2,100,000 for the project.
ANALYSIS:
Professional Services Agreement (Second Amendment) for Construction Administration Services
As the Downtown Library Modernization Project progresses through construction, staff recommend the
City Council approve the proposed second amendment with Noll & Tam Architects for construction
administration services. The first amendment with Noll & Tam Architects included construction
administration services. This second amendment, totaling $47,640, extends the construction
administration services term by an additional three months to reach the end of the construction schedule.
An additional three months were added to the construction schedule due to extensive hazardous material
testing and existing site condition analysis during the preconstruction phase of the project. Noll & Tam
Architects construction administration services were retained through the duration of the preconstruction
activities. This second amendment (Attachment 3) would increase the Noll & Tam Architects not-to-
exceed contract to a total of $439,371.
Construction Contract Amendment
As the Downtown Library Modernization Project progresses through construction, staff recommend the
City Council authorize the City Manager to amend the construction contract amount using contingency
funds, in an additional amount of $100,000. This increase in contingency funds would increase the total
project contingency to $375,000 for a project total of $2,200,000. In coordination with the project
construction management consultant, City staff have determined the need for additional contingency
funds to address critical items uncovered during the construction process. Items include numerous
unforeseen existing conditions such as degraded structural framing elements, non-compliant electrical
infrastructure, and obstructive plumbing and mechanical components all of which require modification or
replacement. Utilizing additional contingency funds would position City staff to capably address
anticipated impactful items including modifications to the main stairway structural components and
updating select existing hardware to accommodate new accessible hardware.
FISCAL IMPACT:
The recommendation in this staff report would result in committing costs totaling $147,640. This includes
$47,640 for construction administration services and $100,000 for construction. Sufficient funding for the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
second amendment to the Noll & Tam agreement for construction administration services is included in
the adopted fiscal year 2024-25 Capital Improvement Program budget through existing appropriations
within the Library Fund (214) – Downtown Library Modernization Project.
Staff proposes funding the construction contract amendment by appropriating a total of $100,000 in
Library Special Assessment Fund (formerly Measure C) Capital Set Aside funds (Fund 215). This would
be an additional appropriation from available (formerly Measure C) Capital Set Aside fund balance to
augment the Downtown Library Modernization Project budget. The former Measure C-Capital Set Aside
fund was established to fund necessary facility improvements to the San Rafael Public Libraries, such as
the proposed Downtown Library Modernization Project. Appropriating $100,000 for this purpose would
utilize the remaining balance in the fund.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into a second amendment to the Professional Services
Agreement with Noll & Tam Architects and amend the construction contract amount with Unger
Construction, Co. as presented.
2. Do not accept the proposal from Noll & Tam Architects and construction contract amendment
and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt resolutions:
1) Authorizing the City Manager to execute the second amendment to the Professional Services
Agreement with Noll & Tam Architects for construction administration services in an additional
amount of $47,640, increasing the total not-to-exceed amount of the agreement to $439,371, and
extending the term of the contract by an additional three months; and
3) Authorizing the City Manager to execute the second amendment to the construction contract
amount with Unger Construction Co. in an additional amount of $100,000, for a total of $2,200,000
for the project, and authorizing a supplemental budget appropriation of $100,000 from available
Library Special Assessment Fund (formerly Measure C - Fund 215) fund balance to support this
contract amendment.
ATTACHMENTS:
1. Resolution – Construction Contract Amendment
2. Resolution – Second Amendment to Professional Services Agreement with Noll & Tam
Architects.
3. Second Amendment to Professional Services Agreement with Noll & Tam Architects.
RESOLUTION NO. 15393
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT WITH
UNGER CONSTRUCTION, CO. IN AN ADDITIONAL AMOUNT OF $100,000, FOR A TOTAL
OF $2,200,000 FOR THE PROJECT, APPROPRIATING $100,000 FROM AVAILABLE
LIBRARY SPECIAL ASSESSMENT FUND BALANCE (FUND 215) AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO TAKE RELATED ACTION
WHEREAS, the City of San Rafael entered into a Construction Contract Agreement dated
September 26, 2024, with Unger Construction, Co. (“Unger”), for construction of the Downtown
Library Modernization Project, (the “Project”) in an amount not-to-exceed $1,825,000; and
WHEREAS, under the City Council’s delegated authority from the award of the contract,
the City Manager entered into a first amendment to the Construction Contract Agreement using
contingency funds in an amount of $275,000, for a total of $2,100,000 for the project; and
WHEREAS, the City of San Rafael requires additional construction funds in an amount
of $100,000 to deliver the construction phase of the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
as follows:
1. The City Manager is hereby authorized to amend the Construction Contract
Agreement with Unger Construction, Co. in the amount of $100,000 for a total
contract amount of $2,200,000, in a form approved by the City Attorney.
2. A supplemental budget appropriation of $100,000 from available Library Special
Assessment Fund (formerly Measure C - Fund 215) fund balance is authorized to
support this contract amendment.
3. 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, 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 on Monday the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers: Kertz, Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
_ _______
Lindsay Lara, City Clerk
RESOLUTION NO. 15392
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH NOLL & TAM ARCHITECTS. FOR ADDITIONAL
CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE DOWNTOWN
LIBRARY MODERNIZATION PROJECT, IN THE ADDITIONAL AMOUNT NOT TO EXCEED
$47,640, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT UNDER THE AGREEMENT
TO $439,371, AND EXTEND THE CONTRACT BY THREE MONTHS
WHEREAS, the City of San Rafael entered into a Professional Services Agreement dated
January 17, 2023, with Noll & Tam Architects (“Noll & Tam”), for preliminary architectural,
engineering and interior design services associated with the Downtown Library Modernization
Project, (the “Project”) in an amount not-to-exceed $67,905; and
WHEREAS, the City executed a first amendment dated November 1, 2023, for
architectural, engineering and interior design services required to prepare construction
plans/specifications as well as provide construction administration and close-out services for the
Project in an amount not-to-exceed $323,826; and
WHEREAS, the City of San Rafael requires additional construction administration
services from Noll & Tam to deliver the construction phase of the Project; and
WHEREAS, staff received a proposal from Noll & Tam for said services in a total amount
not to exceed $47,640; and
WHEREAS, staff has reviewed the proposal and found it to be complete and within
industry standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES
as follows:
1. The City Manager is hereby authorized to execute a Second Amendment to the
Professional Services Agreement with Noll & Tam for additional construction
administration services in the amount of $47,640 for a total contract amount of
$439,371, in a form approved by the City Attorney.
2. Funds totaling $47,640 shall be authorized for the contract with Noll & Tam Architects
for project (Project No. 11439) from the Library Fund (214).
3. 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, 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 on Monday the 7th day of April 2025, by the following vote, to wit:
AYES: Councilmembers: Kertz, Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey
________
Lindsay Lara, City Clerk
v. Feb 2025 Page 1
AMENDMENT TO CONTRACT
BY AND BETWEEN
THE CITY OF SAN RAFAEL AND ________________________________
FOR ________________________________________________________
Original Contract Execution Date: ________________
Amendment No. ___
THE ABOVE-NAMED CONTRACT is hereby amended by the parties as set
forth herein and is effective on _____________________.
1. SCOPE OF SERVICES: Contractor shall perform the additional or amended
services as described in Exhibit A-___.
COMPENSATION: City shall pay Contractor on a basis in accordance with
Exhibit A- , in a not-to-exceed additional amount of $____________, and to change
the total not-to-exceed amount under the Contract to $_________________.
TERM OF CONTRACT: For Contractor to perform the additional or amended
services described herein, the term of this Contract shall be extended to
______________________.
Except as specifically amended herein, all other provisions, terms and obligations
of the Contract between the parties shall remain valid and shall be in full force.
v. Feb 2025 Page 2
IN WITNESS WHEREOF, the parties have executed this Amendment on the day,
month, and year first specified below.
CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:
City Clerk
_________________________________
________________________________,
_________________________________
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required]
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, SCHEDULE, AND DELIVERABLES
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of the Amendment by and between
Contractor and the City providing for the referenced services.
1. Description of the Work:
1.1 Description: Architect to have mechanical consultant, Capital Engineers,
review existing mechanical systems and make recommendations in line with
project goals and budget. Mechanical consultant to review existing mechanical
drawings, evaluate existing mechanical conditions, and provide list and cost
estimate of required improvements.
Architect to provide additional construction administration services including: Have
Noll&Tam representative, Ella McQuillen, attend 20 additional weekly OAC
meetings. Three (3) months of construction administration at 12 hours/month for
PM and 48 hours/month for designer.
2. Basic Services:
The City has developed a general scope of work as described below.
2.1 Task 1 Capital Engineers to perform site investigation and review
existing HVAC systems in order to provide existing conditions memorandum, final
conditions memorandum, and provide a list of required improvements for the
buildings including anticipated timeline required to make improvements. Capital
Engineers to provide associated cost estimates to complete proposed
improvements and prepare Final Facility Evaluation Report to the City
2.2 Task 2 Noll & Tam Architects to provide additional construction
administration services including: One Noll&Tam representative to attend each
weekly OAC meetings for a total of 20 additional meetings. Three (3) months of
construction administration at 12 hours/month for PM and 48 hours/month for
designer.
When applicable, and
incorporated in Exhibit A as additional detail for list of services and
payments included under this Contract.
PAYMENTS
1. The payment to Contractor under this Amendment shall not exceed the below
amount, unless amended in writing by both parties:
$47,640
2. When applicable insert hourly rates here:
N/A
SCHEDULE
Existing mechanical conditions assessment completed prior to construction
start date of November 4th, 2024.
Additional construction administration services to be required for duration of
project construction with an anticipated completion date of June 20th, 2025.
DELIVERABLES
Contractor Contract are enunciated throughout the Contract and
include but are not limited to the following:
1. PROJECT DELIVERABLES
1. Existing mechanical conditions assessment.
2. Mechanical systems improvements cost estimate.
3. Final Facility Evaluation Report.
729 Heinz Avenue #7 | Berkeley CA 94710 | 510-542-2200 | www.nollandtam.com Page 1 of 2
San Rafael Downtown Library Revitalization
ADDITIONAL SERVICE REQUEST NO. 1
March 14, 2023
Attn: Fabiola Guillen
Fabiola Guillen
Project Manager
Department of Public Works
City of San Rafael
Re: Downtown Public Library Modernization Project
1100 E Street, San Rafael, CA 94901
Dear Ms. Guillen,
Noll & Tam Architects has amended our proposal for architectural consulting services, dated January 17, 2023,
to include a scope of work have Capital Engineers review existing mechanical systems and make recommendations
in line with project goals and budget. The proposal is based upon our call dated 3/9/23. Our understanding of the
scope of work and proposed fees is summarized below.
Scope of Work:
One site investigation visit
Mechanical Narrative and ROM cost estimate (See attached mechanical scope document)
Coordination with consultant team
Exclusions:
Services or work products not noted above can be provided upon request as an additional service.
Fees:
Noll & Tam Architects $1,540
Capital Engineering $5,280
Total $6,820
Our basic fee for this scope shall be lump sum fixed fee as listed above, billed monthly on a percent
complete basis. Services rendered beyond the agreed scope of work will be billed at our hourly rates.
Noll & Tam Architects | March 14, 2023 | San Rafael Downtown Library Revitalization | SA No. 1 Page 2 of 2
Sincerely, Approved:
Chris Noll Fabiola Guillen date
Principal Project Manager, Public Works
3.7.2023
Page 1 of 5
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670
Office: 916.851.3500 | office@capital-engineering.com | www.capital-engineering.com
March 13, 2023
Ms. Amy B. Watson, AIA
Senior Associate
Noll & Tam Architects
729 Heinz Ave. Suite #7
Berkeley, CA 94710
PROJECT: SAN RAFAEL MAIN LIBRARY FACILITIY HVAC ASSESSMENT
SUBJECT: PROPOSAL FOR MECHANICAL ASSESSMENT SERVICES
Dear Amy,
We are pleased to offer this fee proposal for mechanical engineering assessment
services for the subject project.
Project Description:The project is located at 1100 E Street, San Rafael, CA. As we
understand the San Rafael Public Library was originally constructed in 1909. The
library
was added and the most recent in 2008 with a major HVAC system renovation
project. The intent of this study is to determine what improvements are necessary to
sustain the facility in its present operating routine.
A.Scope of Basic Services:
Review of the various systems and elements within the library and determine
3.7.2023
Page 2 of 5
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670
Office: 916.851.3500 | office@capital-engineering.com | www.capital-engineering.com
1. Perform site investigation; Review existing mechanical HVAC systems.
2. Review existing mechanical drawings including original plans and
applicable remodels and other recent space improvement projects.
3. Interview maintenance personnel, if available, during the site visit
regarding mechanical systems condition and system types and
preferences, review past studies and building maintenance reports if
available.
4. Review 2008 HVAC improvements plans to the original mechanical
systems to meet heating and cooling loads, and to improve mechanical
systems performance and occupant comfort. Review and gather
HVAC/Controls commissioning reports.
5. Draft existing conditions memorandum with description of major
mechanical and plumbing elements and their expected life.
6. Draft Final Conditions Memorandum addressing any City concerns
present as part of the review of the draft memorandum.
7. Based up on the field assessments, provide a list of require
improvements for the buildings including an anticipated timeline
required to make these improvements. List of improvements shall be
prioritized in a table format.
8. Provide associated cost estimates to complete the proposed
improvements.
9. Consider planned Future Building expansion and other projects based
recommendations.
10. Prepare Draft Facility Evaluation Report to the City.
11. Prepare Final Facility Evaluation Report incorporating all comments
from previous City reviews.
B.Proposed Engineering Teams:
1. Michael Minge, Principal + Joel Valencia PE, Plumbing Engineer.
C.Materials and Services Furnished by Architect or City of San Rafael:
1. Record Drawings of existing plans including work of all trades.
2. Reproduction and distribution of report documents.
3.7.2023
Page 4 of 5
11020 Sun Center Drive, Suite 100 | Rancho Cordova, CA 95670
Office: 916.851.3500 | office@capital-engineering.com | www.capital-engineering.com
Capital Engineering Consultants,Inc.
2023 Billing Rates
Sr. Principal $240.00 / hour
Principal $220.00 / hour
Director $210.00 / hour
Sr. Project Manager $203.00 / hour
Project Manager $195.00 / hour
Field Services $190.00 / hour
Senior Engineer $172.00 / hour
Engineer $158.00 / hour
Senior Designer $148.00 / hour
Designer $135.00 / hour
Technician / CADD $125.00 / hour
Intern $117.00 / hour
Project Administrator $105.00 / hour
Capital Engineering Consultants, Inc.
Tax ID No.94-1492674
CA Business License #C0398323
DIR #100020121
Small Business Certification ID 35757
729 Heinz Avenue #7 | Berkeley CA 94710 | 510-542-2200 | www.nollandtam.com Page 1 of 2
San Rafael Downtown Library Revitalization
ADDITIONAL SERVICE REQUEST NO. 3
February 25, 2025
Attn: Andrew Powell, EIT
Andrew Powell, EIT
Junior Engineer
Department of Public Works
City of San Rafael
Re: Downtown Public Library Modernization Project, ASR 03 Revision 2 (R2)
1100 E Street, San Rafael, CA 94901
Dear Mr. Powell,
Noll & Tam Architects has amended our first amendment for architectural consulting services, signed November
1, 2023, to include additional meetings and schedule extension over those specified. Our understanding of the
scope of work and proposed fees is summarized below and based on the construction schedule provided by Unger
Construction entitled 2024.10.18 BASELINE 24.0015 San Rafael Library Schedule. R1 and R2 based on conversations
with Andrew in consideration for slow down of RFIs and nearing completion of submittals along with having Ella as
solo NT representative at weekly OACs as of March 11, 2025.
Ref: First Amendment to the Contract, III Construction Administration, Item C Other Meetings
Included bi-weekly meetings (18). As of 1/14/25 we have used 16 of 18 included.
Accounted for 6 months of construction. Actual Schedule: 9/24/24 - 6/20/25, 9 months
If the construction schedule extends beyond this time frame, and additional construction progress
meetings are needed, or if additional meetings are required within the estimated time frame, they will be
provided as an additional service.
Scope of Work:
20 Additional OAC Meetings: February 4th June 24th, 2025
(6 hours PM x $230 + 20 hours x $190 = $5,180)
3 months of Construction at 12 hours/month for PM (36 hours x $230/hour = $8,280), 48 hours/month for
designer (144 hours x $190/hour = $27,360)
Exclusions:
Services or work products not noted above can be provided upon request as an additional service.
Noll & Tam Architects | February 25, 2025 | San Rafael Downtown Library Revitalization | SA No. 3 Page 2 of 2
Fees:
Noll & Tam OAC Meetings $5,180
Noll & Tam Schedule Extension (3 months) $35,640
Total $40,820
Our basic fee for this scope shall be lump sum fixed fee of $40,820, Forty Thousand Eight Hundred
Twenty dollars, billed monthly on a percent complete basis. Services rendered beyond the agreed scope of
work will be billed at our hourly rates.
Sincerely, Approved:
Chris Noll Andrew Powell, EIT date
Principal Junior Engineer, Public Works
