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HomeMy WebLinkAboutPW Essential Facilities Agreement Amendmentsr It'l61 SAN RAFAEL bb THE CITY WITH A MISSION Agenda Item No: 8.b Meeting Date: May 15, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Department of Public Works Prepared by: Bill Guerin, City Manager Approval: Director, Public Works SUBJECT: 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 TO AMEND THE PROFESSIONAL SERVICES AGREEMENTS WITH MARY MCGRATH ARCHITECTS (MMA) AND KITCHELL CEM INC. FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION #52 AND THE FIRE STATION #57); AND AUTHORIZING THE CITY MANAGER ADDITIONALLY TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MMA NOT TO EXCEED $75,000, IF AND AS NEEDED. RECOMMENDATION: Adopt the Resolution authorizing the City Manager to allocate previously approved design contingency budgeted funds in order to execute amendments to the Professional Services Agreements with Mary McGrath Architects (MMA) and Kitchell CEM Inc. (Kitchell) for pre - construction phase services related to the Essential Facilities Strategic Plan; and authorizing the City Manager to amend the MMA contract in an additional amount not to exceed $75,000 if and as needed, to be funded by the unallocated savings resulting from the MMA and Kitchell contracts coming in lower than originally budgeted in the Strategic Plan. BACKGROUND: Measure E passed on November 5, 2013 extending for 20 years an existing 0.5% sales tax and increasing it by 0.25%. 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. 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. FOR CITY CLERK ONLY File No.: 4-3-582 / 4-3-583 Council Meeting: 05/15/2017 Disposition: Resolution 14332 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Since the final negotiated contract amounts came in lower than the Strategic Plan identified, this resulted in an unallocated project savings of $1,297,396. When this contract was originally executed, the approved design contingency budgeted amount of $515,658 was not included in the total not to exceed amounts for either design services contract and remained unallocated. Staff is requesting that a portion of these design contingency dollars now be allocated to increase the total not to exceed contract amounts for MMA and Kitchell in order to pay for additional scope of work items needed to finalize the design work for the Phase 1 projects. ANALYSIS: The original contract with our design services consultants envisioned designing all three buildings (PSC, FS 52 and FS 57) as a single project. This approach meant that all three would have been on the same timeline and would therefore bid at the same time in a single procurement package to a single construction contract. The Facilities Subcommittee made a significant strategic decision during the early part of the design phase in April 2016, to separate the two fire station projects from the PSC in order to accomplish a number of objectives: 1. To attract the most qualified contractors to bid on those projects, 2. To not commit all of our projects to one contractor, 3. To accommodate significant design changes to the PSC at the request of the Design Review Board and Planning Commission, and 4. To get a sense of the market by awarding the two fire stations first and the PSC later to inform our strategy for bidding the larger PSC project. It was further decided to contract separately for hazardous material abatement and demolition at all three locations to clear the sites and identify any differing site conditions prior to construction contract award. These strategic decisions have proved valuable and the City has been able to avoid the potential significant costs of having to remediate environmental issues while having a general contractor delayed and unable to start construction. Both fire station sites had site challenges that were revealed after demolition took place. In FS 52, a leaking above ground fuel tank contaminated the soil below and the soil needed to be removed and the site cleared by the San Francisco Water Board prior to construction getting under way. At FS 57, an unidentified storm water line was unearthed under the existing building and had to be removed and the soil re -compacted. Both of these items might have been considered a compensable delay by the general contractor had the demolition been part of the construction contract. In addition, the two fire station projects bid considerably higher than anticipated. The project team negotiated a significant deductive change -order and identified additional budgeted unallocated funds in order to award the contract to Alten construction for FS 52 and FS 57. The information learned from this early award of the two fire stations is informing the design of the PSC, allowing the project team to revamp the design to anticipate the higher than expected bidding climate in the Bay Area. These strategic decisions have resulted in a need for additional work by the design services consultants. Descriptions and costs for each additional scope item that make up the amended contract amount can be found in Exhibit A (MMA) and Exhibit B (Kitchell). The changes to the design services resulting from the strategic decisions described above were reviewed in consultation with the City Manager and direction was provided by the Facilities Subcommittee over the last year beginning in April 2016 (e.g., to split the projects on separate bidding timelines, conduct early demolition to abate environmental hazards, etc.). Staff proposes that a portion of the previously -unallocated design contingency budget now be allocated to fund the needed scope expansion. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The project team is also requesting that the City Council allocate an additional $75,000 to the MMA contract to be used as needed to design the changes required to reduce the overall cost of the PSC to comport with current market conditions. Therefore, Staff also requests that the City Manager be authorized to amend the MMA contract if and as needed, in an additional amount not to exceed $75,000, to be funded by the unallocated savings resulting from the MMA and Kitchell contracts coming in lower than originally budgeted in the Strategic Plan, with the understanding that the Facilities Sub -committee will continue to provide oversight to the projects. The total cost of the additional scope items identified in Exhibits A & B is $511,720 (this does not include the additional $75,000 requested for MMA). Each of the changes was evaluated against the original contract to ensure that the work was in fact an additional scope of work item. Each was also evaluated as to cost reasonableness and was determined to be a reasonable cost for the work performed. FISCAL IMPACT: The proposed design contingency allocation of $511,680 ($274,245 to MMA and $237,475 to Kitchell), falls within the previously approved Strategic Plan budget line item for design contingency of $515,658. Upon execution of the proposed amendment, the total contract value of the MMA contract will be $5,619,377. Upon execution of the proposed amendment, the total contract value of the Kitchell contract will be $3,551,752. The additional $75,000 to the additional work to reduce the total project cost of the PSC, if needed, will be funded by the unallocated savings resulting from the MMA and Kitchell contracts coming in lower than originally budgeted in the Strategic Plan. These funds will be appropriated from the portion of Measure E revenues allocated to public safety facilities construction and improvements. OPTIONS: • Approve the Resolution • Direct staff to modify the resolution and resubmit RECOMMENDATION: 1. Adopt the attached Resolution. ATTACHMENTS: • 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 to amend the professional services agreements with Mary McGrath Architects (MMA) and Kitchell CEM, Inc. for additional services related to Phase 1 Essential Facilities Projects (Public Safety Center, Fire Station #52 and the Fire Station #57); and authorizing the City Manager additionally to amend the professional services agreement with MMA not to exceed $75,000, if and as needed. • Contract between the City of San Rafael and Mary McGrath Architects dated September 21, 2015 • Contract between the City of San Rafael and Kitchell CEM Inc. dated September 21, 2015 • Exhibit A — MMA Additional Scope Items totaling $274,245 • Exhibit B — Kitchell Additional Scope Items totaling $237,475 • Exhibit C- Detailed Breakdown of Strategic Plan vs. Actual and Proposed Allocation of Funds RESOLUTION NO. 14332 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 TO AMEND THE PROFESSIONAL SERVICES AGREEMENTS WITH MARY MCGRATH ARCHITECTS (MMA) AND KITCHELL CEM INC. FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION #52 AND THE FIRE STATION #57); AND AUTHORIZING THE CITY MANAGER ADDITIONALLY TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MMA NOT TO EXCEED $75,000, IF AND AS NEEDED 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, a Professional Services Agreement with Mary McGrath Architects ("MMA") for architectural and design, bidding, and construction administration services for the Phase 1 projects; and WHEREAS, on September 21, 2015, the City Council authorized the City Manager to execute, on behalf of the City of San Rafael, a Professional Services Agreement with Kitchell CEM, Inc. for project management and pre -construction services related to the Phase 1 projects; and WHEREAS, the negotiated contract amounts for the MMA and Kitchell CEM 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, when these professional services agreements were approved and executed, the design contingency budgeted amount of $515,658 was not included in the total not -to -exceed amounts for either agreement, and therefore remain unallocated; and WHEREAS, during the early design phase of the Phase 1 projects, in order to advance numerous project objectives, the City Council's Facilities Subcommittee made certain strategic decisions affecting the management of the projects, including separating the projects into two parts for bidding purposes, and separating the demolition and hazardous materials abatement portion of the projects from the construction phase; and WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving valuable to the City, have resulted in a need for additional services by the MMA and Kitchell CEM; and WHEREAS, through the process of bidding for construction of the portion of the Phase I project including FS 52 and FS 57, the City has learned that it may have to revisit the design of the PSC to reduce the total project cost to accommodate the higher than expected bidding climate in the Bay Area; and anticipates that further amendments to the MMA agreement may be required as a result; follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as The City Manager is hereby authorized to allocate available design contingency funds and to execute amendments, 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 $274,245, for a total not -to -exceed amount of $5,619,377; and to the Professional Services Agreement with Kitchell CEM, Inc., for necessary additional services in the amount of $237,475, for a total not -to -exceed amount of $3,551,752. 2. The City Manager is hereby authorized to execute further amendments to the Professional Services Agreement with Mary McGrath Architects, in an amount not to exceed $75,000, if and as required, for additional design work to reduce the total cost of the PSC project; to be funded by the unallocated savings resulting from the MMA and Kitchell CEM contracts coming in lower than originally budgeted in the Essential Facilities Strategic Plan. I, ESTHER 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 City Council of said City held on Monday, the 15th day of May, 2017 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2 ESTHER C. BEIRNE, City Clerk AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARY McGRATH ARCHITECTS FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES THIS AMENDMENT to Professional Services Agreement is made and entered into this day of , 2017, 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 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 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, for an amount not -to -exceed $5,345,132; and WHEREAS, the negotiated contract amount of the Agreement did not include any of the design contingency funds budgeted for the Essential Facilities projects; and WHEREAS, during the early design phase of the Phase 1 projects, in order to advance numerous project objectives, the City Council's Facilities Subcommittee made certain strategic decisions affecting the management of the projects, including separating the projects into two parts for bidding purposes, and separating the demolition and hazardous materials abatement portion of the projects from the construction phase; and WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving valuable to the City, have resulted in a need for additional services by CONTRACTOR; and WHEREAS, by Resolution No. 14332, adopted on May 15, 2017, 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; Lr_ 3 -'552- 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 May 10, 2017, 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 $274,245 for additional services to be performed pursuant to this Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $5,619,377. 2. 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. IN WITNESS WHEREOF, the parties have executed this Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL MARY McGRATH ARCHITECTS By: .a By: - JIM SCHUTZ, City Manager MARY MCGRATH, President ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: Fi57 -L--k 6 ROBERT F. EPSTEIN, . ty Atto ey 2 &A - o nfur i : V 14 t i l:, 4 1. r:[ I "I , 1, 1 1 May 10, 2017 Ms. Crlstlne Alllovich Assistant City Manager San Rafael City Hall 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Public Safety Center Construction Document Completion Dear Ms. Alllovich; Below Is our fee proposal for the added scope of services Incurred by Mary McGrath Architects for the Phase 1 Projects of the Essential Facilities Strategic Plan. The attached spreadsheet with back-up documentation shows the breakdown of the hours, rates and Consultant Fees. A summary of the added scope of work is as follows: 1. Item 1- Site Revisions at Station 57: In order to avoid wetland mitigation issues and potential CEQA delays the design team redesigned the site layout to develop a solution that avoided the wetlands. This required a new grading and drainage plan and new lease exhibit survey. Total fee for this work is $12,555. A portion of this cost will be reimbursed by the County. 2. Items 2, 3 and 4 - Early Demolition Design Drawings: In an effort to reduce the risk to the building contractor for unforeseen site conditions and delays, the City elected to separate the demolition project from the main building project at all three project sites. MMA provided a fee proposal for these added sets of construction documents and included credits back for the demolition work planned In the original scope of work. The added scope includes a new site topographic survey to document the new site conditions at each site and support during a separate construction phase. The total fee for this work is $98,150. 3. Items 5, 6 and 7 - Value Engineering: The City elected to participate in a Value Engineer exercise to evaluate the systems selections that were made in the early stages of the design and find areas of the building design that could be engineered more cost effectively with a mitigated Impact to the project goals. Scope Included a day long work session, study of potential solutions, cost analysis and Implementation of the selection options into the next level of design. The VE reductions approximated $1M in savings. The total fee for this work Is $130,240. 4. Item 8 — The Temporary Site for the Fire Station 51 engine company was Initially designed in August of 2015. The program requirements for the site changed and a new site plan was re - engineers in April of 2017. This new engineering work was performed for a total fee of $4,600. S. Item 9 and 10 — Early in the project, the City Sustainability Office working with PG&E had identified that the Phase I projects would be eligible for rebates through the "Savings by Design" program. This fee proposal Is for the time required to prepare the design documents that are required for the rebate application and follow-up with PG&E to develop the maximum rebate possible. The total fee for this work is $13,200. 1112 BROADWAY, SUI IE 401 o OAKLAIID. CALIFOR111A 94612 , 0 510 208 9400 WWW MARYMCGRATIIARCIIITECTS COM Item 11— PG&E changed the main service location (Identified a year ago) from West on 4'h street to North on Union St. The civil engineer was required to re -design the site improvement plan to accommodate this change after they were complete. fortunately, the change in direction from PG&E results in less off-site work for the City and will save $40 to $50K in trenching and repaving cost. The total fee for this revision is $5,500. Item 12 — In order to generate additional value engineering options for the PSC, the City Management team authorized the PSC structural engineer to study the design opportunities and constraints of changing the upper floor structural system from a masonry shear wall system to a metal stud and plywood sheer wall system. This resulted In an overall reduction of the weight of the building that allowed the foundation system to be simplified. The fee for this work was $10,000. This resulted in about $500,000 in VE cost reductions according to the latest estimate prepare by Saylor Consultants. Thank you for the opportunity to provide these services. If you have any questions, please do not hesitate to contact our office. Sincerely, Mary C. McGrath ,Yri 7&oh- - President Mary McGrath Architects -2- 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: Public Works Project Manager: Cindy Ray Extension: 5326 Contractor Name: Mary McGrath Architects Contractor's Contact: Mary McGrath Contact's Email: mmcgrath@marymcgratharchitects.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor lick here to ❑ enter a date. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org enter a date. ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 6/5/2017 ® LAG and return to Project Manager 6/5/2017 X LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 6/5/2017// ❑ 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 ❑ Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 06/16/2017 Attorney with printed copy of this routing form i 6 City Attorney Review and approve hard copy of signed dol I" fJ agreement 1 7� 7 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager I �� 3� r -7 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES THIS AMENDMENT to Professional Services Agreement is made and entered into this .� day of - 12017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KITCHELL CEM INC., a California Corporation, (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities Strategic Plan, which included a total budget of $9,956,805 for design phase services for the three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57)) of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item budgeted amount for design contingency of $515,658; and WHEREAS, on October 1, 2015, in furtherance of the Essential Facilities Strategic Plan, the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services for Project and Construction Management Services" on the Phase 1 Essential Facilities projects, for an amount not -to -exceed $3,314,277; and WHEREAS, the negotiated contract amount of the Agreement did not include any of the design contingency funds budgeted for the Essential Facilities projects; and WHEREAS, during the early design phase of the Phase 1 projects, in order to advance numerous project objectives, the City Council's Facilities Subcommittee made certain strategic decisions affecting the management of the projects, including separating the projects into two parts for bidding purposes, and separating the demolition and hazardous materials abatement portion of the projects from the construction phase; and WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving valuable to the City, have resulted in a need for additional services by CONTRACTOR; and WHEREAS, by Resolution No. 14332, adopted on May 15, 2017, 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 February 7, 2017, 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 $237,475 for additional services to be performed pursuant to this Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $3,551,752. 2. 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. IN WITNESS WHEREOF, the parties have executed this Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL KITCHELL CEM INC. By. 0 � i', JJ By. JIM SCHUTZ, City Manager Name of Corporate Officer: tip ATTEST: Title: Ste-- «CL— Slowl— e,2gf t zz f G - Ae-412 , ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: L a "L - in Qr-e7 ROBERT F. EPSTEIN, Cit.4Attordtk 13 CA h :14, 4 Ey - � February 7, 2017 Cristine Alilovich Assistant City Manager San Rafael City Hall 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Fee Proposal for the Phase 1 Projects (Public Safety Center, Fire Station 52 and the Fire Station 57) of the Essential Facilities Strategic Plan. Dear Cristine Alilovich, Below is fee proposal for the added scope of services incurred by Kitchell for the Phase 1 Projects (Public Safety Center, Fire Station 52 and the Fire Station 57) of the Essential Facilities Strategic Plan. We anticipate the scope of services for this proposal to be consistent with the scope identified in the current contract. Below is list of additional activities for the Phase 1 projects. The attached spreadsheet shows the breakdown of the hours and rates. 1. Bid Phase for Early Demolition Projects: The Kitchell fee proposal dated April 12, 2017 for the separation of the Bid Phase of the Early Haz-Mat and Demolition was approved by the Facilities Subcommittee on April 15, 2016 in the amount of $46,800. 2. Extended Preconstruction Phase Management for Public Safety Center Project: The fee and proposed staffing to provide the above scope of services is as follows: The Kitchell staffing fee proposal included in the original contract dated October 1, 2015 had Programming/Design and Bid Phase Management for the Phase 1 projects from October 2016 through to January 2017. The PSC design schedule was extended during the conceptual and schematic design phases due to numerous design iterations, DRB and PC comments, extended CEQA process and to incorporate the Value Engineering cost saving ideas into the design. The current timeline to complete the Public Safety Center Pre -Construction activities Is August 2017. We are forecasting requiring Project Director time of 16 hours per month and Senior Project Manager time of 100 hours per month for seven additional months. This equates to an add request of $139,160. 3. Splitting the Bid Phase for the Early Demolition of Public Safety Center: The fee and proposed staffing to provide the above scope of services is as follows: The April 12, 2016 change proposal for Early Haz-Mat and Demolition was accounting for bidding all three demolition projects together as one bid package with actual demolition work for Fire Stations 52 and 57 to be concurrent and Fire Station 51/Blue Houses to be separate. The FSC approved separation of the bid phases for Fire Station 51 and Blue Houses to incorporate deconstruction as an add alternate into the demolition scope. Due to this change, Kitchell will incur additional costs to manage this added bid process. We are forecasting requiring Project Director time of 16 hours per month, Senior Project Manager time of 32 hours per month and Project Manager time of 225 hours. This equates to an add request of $51,515. In total the additional services described in items 1, 2 and 3 above equate to a total amount of $237,475. Reasonable and customary reimbursable expenses would be submitted separately to the above costs consistent with the current contract. Thank you for the opportunity to provide these services. If you have any questions, please do not hesitate to contact me at this office. Sincerely, Bill a al Project Director Kitchell CEM 2450 Venture Oaks Way I Suite 500 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916 648.6534 1 www.kitcliell.com 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: Public Works Project Manager: Cindy Ray Extension: 5326 Contractor Name: Kitchell CEM Inc. Contractor's Contact: Bill Johal Contact's Email: bjohal@kitchell.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org enter a date. ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 6/5/2017 ® LAG and return to Project Manager 6/6/2017 ® LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 6/7/2017 ❑ contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Click here to Date of Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 06/16/17 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed r� 117 agreement 4 / + 7 City Attorney Review and approve insurance in PINS, and bonds /�7 (for Public Works Contracts) / 8 City Manager/ Mayor Agreement executed by Council authorized official �l 9 City Clerk Attest signatures, retains original agreement and ` ( forwards copies to Project Manager t-7 14-3 ,ss3 CITY of Agenda Item No: 5.a n. Meeting Date: September 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office Prepared by: Jim Schutz, City Manager City Manager Approval. (� TOPIC: Architectural and design, bidding and construction administration services for public safety facilities in San Rafael SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN RECOMMENDATION: Adopt the Resolution (Attachment A) authorizing the City Manager to execute a Professional Services Agreement with Mary McGrath Architects for architectural and design, bidding and construction administration services for Phase 1 of the Essential Facilities Strategic Plan. BACKGROUND: Measure E passed on November 5, 2013 extending for 20 years an existing 0.5% sales tax and increasing it by 0.25%. 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. Since then, numerous significant activities have taken place to further the community's goal of addressing San Rafael's aging essential public safety facilities. In 2014, this effort began with a data collection, financial, and architectural preparation stage that included financial and bond issuance preparation, city budget direction, program study and the preparation for focused resident participation through the creation of an Oversight Committee. In October, 2014, staff released a Request for Proposals (RFP) for the development of an "Essential Facilities Strategic Plan" and the RFP indicated the potential for future phases under a separate FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pane: 2 contract. In November 2014, the City Council's Facilities Subcommittee (Mayor Phillips and Councilmember McCullough) conducted formal interviews of a short list of finalist firms interested in developing the Strategic Plan. The Facilities Subcommittee recommended Mary McGrath Architects for this scope of work and the firm was subsequently hired at the City Council's direction from the meeting of December 15, 2014. On July 20, 2015, the City Council unanimously approved an Essential Facilities Strategic Plan with a total of seven projects recommended for either replacement or renovation, including a new public safety center across the street From City Hall. The Strategic Plan was recommended to the City Council by the Facilities Subcommittee and its "Essential Facilities Working Group" which is made up of stakeholders, members of local Boards and Commissions, and other interested community members. This effort, led by Mary McGrath Architects, included facility and needs assessments, budget development, communication strategies and development scenarios. The Plan estimates completion of all projects by 2019 and the order of magnitude total budget range is $63 to $72 million. On August 25, 2015 the City Council's Facilities Subcommittee interviewed Mary McGrath Architects for architectural and design services related to executing Phase 1 of the Essential Facilities project and recommends that the City continue working with this firm under a new contract for the next phase of the project. A proposed Professional Services Agreement is attached as Attachment B, and would be attached to and approved by the Resolution. A separate item on tonight's City Council agenda is a professional services agreement for project management and pre -construction services needed in connection with execution of the Phase 1 projects. ANALYSIS: Phase 1 of the Essential Facilities Strategic Plan includes the completion of three projects, namely construction of a new Public Safety Center, new Fire Station 52 and Training Tower, and new Fire Station 57. New Public Safety Center located at C Street and Fifth Avenue (Across from City Hall) A new Public Safety Center would consolidate Police operations (currently located in five separate facilities), Fire Station 51, Fire administrative operations, and the City's Emergency Operations Center. In addition, the facility would include underground parking, conference rooms, and a fitness room. The facility is proposed to be two stories above the sidewalk (Fifth Avenue) with subterranean parking. The building gross area is anticipated to be approximately 44,000 — 44,666 square feet. The Order of Magnitude Construction Budget from the Essential Facilities Strategic Plan is $37.5 million. Replacement Fire Station No. 52 and Training Tower at Third Street A new Fire Station 52 and Training Tower would replace the existing structures at 210 Third Street. The facility is proposed to be a two-story fire station and be approximately 11,100 gross square feet. The training tower would be four or five stories and include other training grounds improvements. The Order of Magnitude Construction Budget from the Essential Facilities Strategic Plan is $10.9 million. Replacement Fire Station No. 57 at the Marin County Civic Center A new Fire Station 57 would replace the existing structure at 3530 Civic Center Drive. The facility is proposed to be a two-story fire station and be approximately 9,874 gross square feet. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 3 The Order of Magnitude Construction Budget from the Essential Facilities Strategic Plan is $8.8 million. Each of the three separate projects includes their own work plan composed of nine tasks in total (see Exhibits 1, 2 and 3 of Attachment B for more details): 1. Kick-off Meeting, Program and Budget Overview, Facility Tour "rhe kick-off meeting will include discussions and review of communications protocol, project schedule overview and refinement, project program and all budget parameters. 2. Conceptual Design a. Site Master Plan, Building Arrangement, Conceptual Floor Plans and Building Massing/Elevations This subtask includes the development of refined options for site layout, site arrangements, building area diagrams and massing. City staff and the Essential Facilities Working Group will evaluate the designs through multiple charrettes resulting in a final conceptual design suitable for use in the preparation of the Design Review Board and Planning Commission applications. b. Program Reconciliation This subtask updates the project based on the conceptual design, including recommendations for adjustment as necessary. c. Budget Confirmation This subtask includes a square foot and systems level cost estimate to confirm budget assumptions and any recommendations for cost reductions. d. Design Narrative A design narrative presents the planning and design criteria for the new facility, identifying preliminary functional requirements for site and building systems (architectural, civil, landscape, structural, equipment, mechanical, electrical, data and plumbing). A LEED check list will be created identifying the sustainable strategies required for Gold level certification. 3. Entitlements — Community Workshops, Design Review Board, Planning Commission and City Council Presentations This task includes multiple community workshops and presentations to the Design Review Board, Planning Commission and City Council. The planning application includes rendered site plans, floor plans, elevations, 3-D images, exterior material color boards, and watercolors. The community will be invited to participate and provide input on the design concepts in a variety of formats. 4. Schematic Design and Cost Estimate Concurrent to the entitlements task, this task includes schematic design documents and engineering plans, equipment/fixture options, the selection of building envelope systems, and the development of a further refined building and site design criteria. When planning approvals are achieved, a detailed and reconciled cost estimate will be completed. S. Design Development and Updated Cost Estimate "rhe design development task will determine the exact size, profile, and character of the building and site designs to form a basis for final construction documents. This work also includes interior materials and furnishings selection, initial LEED documentation, and waterproofing review. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 6. Construction Documents and Final Cost Estimate This task includes two phases: 1) 95% construction documents submitted to the building department and 2) the design of all engineering systems including structural and mechanical design, plumbing and sprinklers, electrical, and other technology equipment. 7. Bidding The project will be publicly bid by pre -qualified contractors and major subcontractors. The bidding process task includes pre-bid activities through bid evaluations and recommendations. 8. Construction Observation This task includes a field representative, bi-weekly on-site construction meetings, response to requests for information, submittal review, substitution review, change order requests, and site observations by the engineering team during the 24 -month construction period. 9. Close-out This last task includes final walk-throughs, close-out documents, such as operations and maintenance manuals, warrantees and guarantees. Geotechnical and geohazards studies, environmental studies, and hazardous materials studies will be provided by consultants hired directly by the City. These tasks were anticipated in the Essential Facilities Strategic Plan and are called out there with specific budget allocations. The proposed Professional Services Agreement provides that each task will be individually authorized by a specific Notice to Proceed issued by the City. Should the City choose not to issue a Notice to Proceed, choosing, in effect, to terminate the Agreement, the Agreement allows the City to do so and compensate Mary McGrath Architects for services performed up to the date of termination. The following table shows a cost summary for each project and the savings from the original Strategic Plan design services budget. A more detailed breakdown is included with this staff report in Exhibit 4 of Attachment B. Public Safety Fire Station 52 Center Order of Magnitude Construction Budget $37.5 million $10.9 million Total Design Fee w/out $3,292,960 $981,384 reimbursables Percentage of 8.77% 8.98% Construction Cost Strategic Plan Design $3,981,235 $1,262,948 Services Budget Savings from Budget ($688,275) ($281,564) Fire Station 57 Total $8.8 million $57.2 M $816,258 $5,090,602 9.26% 8.89% $1,064,416 $6,308,599 ($248,158) ($1,217,997) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 In comparison to our preliminary cost estimates for design services found in the Essential Facilities Strategic Plan, the above cost savings have been found due to the proposed design team's familiarity with the projects, concurrent implementation allowing for the development of building standards and prototypical spaces, as well as meeting and coordination efforts. Such efficiencies have resulted in reduced fees as shown in the table above. Cost savings on the "soft costs" (such as design services) will be able to be used in other areas of the Strategic Plan priorities. Fee comparability with State standards There were several "checks" on the appropriateness of the above fees. First, other similar local projects were reviewed for anticipated and Final costs. Also, the City's project manager for the Essential Facilities Strategic Plan, Kitchell CEM Inc., has reviewed the fees and determined them to be appropriate. Finally, although not a direct comparison on project type, the State of California Office of School Construction guidelines for design services fees were used as a benchmark for confirming that the fees proposed for the design services represented a good value for the City. All of these methods suggest that the above fees are reasonable and customary for the type of work that will take place over the three projects over the scheduled periods. Temporary Facilities A construction budget of $500,000 was established for the development of temporary facilities. It is anticipated that fire crews from Stations 51 and 52 will be relocated to a temporary station in the Downtown area during construction. The Fire Department Administration will also require temporary facilities during the construction of the new Public Safety Center. A design fee allowance of $50,000 is included in the Public Safety Center fee totals above and will be utilized for the design services required to create the temporary facilities. The exact location, size and type of facilities have yet to be determined. The temporary fire station elements are planned to be in place prior to the start of construction for Fire Station 52 which is scheduled for January 2017. The temporary administration facilities are planned to be in place prior to the start of the Public Safety Center construction in June of 2017. Reimbursable Expenses This Professional Services Agreement includes funding for reasonable and customary reimbursable expenses submitted separately and approved by the City. Reimbursable expenses may include: initial report printing and subsequent reproduction, construction document, plan check and bid set reproduction, delivery services, messengers, mileage (at current government rates) and models or professional renderings. Details are included in Paragraph 4 of Attachment B and Exhibit 4 of Attachment B. Schedule The previously described scope of work is anticipated to begin immediately and take approximately three years and nine months for the Phase 1 projects. The following is a summary of the approximate schedule for each project with a more detailed overall schedule available in Exhibit 5 of Attachment B. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 6 Public Safety Center Conceptual Design Oct 2015 to Feb 2016 Entitlement Review Feb 2016 to Jan 2017 Schematic Design Feb 2016 to Apr 2016 Design Development May 2016 to Aug 2016 Construction Documents Aug 2016 to Mar 2017 Bid/Award Mar 2017 to Jun 2017 Construction Jun 2017 to Jun 2019 Fire Station 52 & 57 Oct 2015 to Jan 2016 Jan 2016 to Mar 2016 Jan 2016 to Mar 2016 Mar 2016 to May 2016 May 2016 to Oct 2016 Oct 2016 to Jan 2017 Jan 2017 to Mar 2018 Consultant Selection Mary McGrath Architects is recommended due to their excellent performance in developing the Essential Facilities Strategic Plan, as well as their experience, expertise, and exceptional references. Mary McGrath has 25 years of experience in public safety design and has implemented public safety strategic plans in Los Angeles, Long Beach, Sacramento, Seattle and San Jose. She has overseen construction on many public sector facility projects including the Paso Robles Public Safety Center, County of San Luis Obispo Court House, Los Banos Community Center and dozens of fire stations. For the Public Safety Center project, McGrath Architects will be joined by Eric Glass of Glass Architects as a subcontractor. Mr. Glass has 35 years of experience, including architecture and design of the Central Marin Police Department. The following summarizes some of the key benefits of working with Mary McGrath Architects: ■ Building Design — Expand on the programming work completed to date by working with the Police and Fire Departments to refine the site arrangement plans developed to date. Work with user groups to transition the site layouts into operations -based conceptual floor plans. ■ Community Outreach — The work plan includes multiple community meetings/workshops for each of the projects. ■ Technical Team — A core team of specialty consultants including security, surveyors, waterproofing and landscape consultants, cost estimators, mechanical, electrical, plumbing, structural and civil engineers will create facility standards. ■ Quality Control — Conduct constructability review by the waterproofing consultant and technical team. ■ Design Quality — Guide the design development at each phase by exploring alternatives for the building design that reflects the significance of these projects' service to the community while bringing excellence in their execution. • Value — Continuity and a deep understanding of the issues, needs and site conditions will save time in the execution. In addition, the execution of the three projects concurrently allows the team to develop design standards that can be carried to each project. Similar specifications can be developed and standardized for hardware, finishes and accessories that would be appropriate for each facility. COMMUNITY OUTREACH: During the development of the Essential Facilities Strategic Plan, a Communications Plan was developed that identifies strategies to enhance engagement and transparency throughout the Essential SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 7 Facilities project including design and construction. A webpage has been created at www.citvofsanrafael.orq/facilities with information about the projects, including the approved Strategic Plan. To -date, staff has conducted project updates to a variety of community and stakeholder groups including the Federation of San Rafael Neighborhoods, North San Rafael Coalition of Residents, Business Issues Committee, San Rafael Chamber of Commerce Economic Vitality Committee, and multiple updates with the San Rafael Fire Commission. Each project will undergo additional outreach, with neighbors and other stakeholders to review operational and design issues. Task 3, as outlined in Exhibits 1, 2, and 3 of Attachment B includes three community workshops per project as well as public meetings with the Design Review Board, Planning Commission and the City Council. FISCAL IMPACT: The proposed Professional Services Agreement includes payment for services for all three Phase 1 projects in the amount of $5,090,602 and up to $254,530 in reasonable and customary reimbursable expenses for the professional services as detailed in the Project Cost Summary, Exhibit 4 to the Agreement. As noted above, the Agreement does not guarantee this payment in full but instead evaluates the deliverables and satisfaction of the City after each task and requires a specific Notice to Proceed only if the City is completely satisfied and wishes to proceed to the next task. These funds will be appropriated from the portion of Measure E General Fund revenues allocated to public safety facilities construction and improvements. The City's Finance Committee has also been working with Public Financial Management Inc. on the timing and structure of the financing necessary to construct the Phase 1 projects. Sufficient funds are already available to cover the pre -construction work for these projects. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented, approving the Professional Services Agreement. 2. Adopt the resolution with modifications to the Professional Services Agreement, subject to approval by Mary McGrath Architects. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Mary McGrath Architects for architectural and design, bidding and construction administration services for Phase 1 of the Essential Facilities Strategic Plan. ATTACHMENTS: A. Resolution B. Professional Services Agreement with: Exhibit 1 - Public Safety Center Work Plan Exhibit 2 - Fire Station 52 Work Plan Exhibit 3 - Fire Station 57 Work Plan Exhibit 4 - Project Cost Summary Exhibit 5 - Schedule ATTACHMENT A RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN WHEREAS, in October, 2014, staff issued a Notice Inviting Proposals for architectural services to prepare an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, Mary McGrath Architects was selected and provided architectural services for the implementation of the Essential. Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, the City is entering into the design phase of the Essential Facilities Strategic Plan; and WHEREAS, on August 25, 2015, Mary McGrath Architects was interviewed by the City Council's Facilities Subcommittee to perform architectural and design services for Phase 1 of the Essential Facilities Strategic Plan; and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Mary McGrath Architects for their architectural and design, bidding, and construction administration services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a Professional Services Agreement, in the form attached hereto, with Mary McGrath Architects, for architectural and design, bidding, and construction administration services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan, subject to final approval as to form by the City Attorney. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby authorize the appropriation of $5,345,132 from General Fund Measure E revenues to fund this Agreement for the corresponding fiscal years of the agreement. I, ESTHER 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 City Council of said City held on Monday, the 21 st day of September, 2015 by the following vote, to wit: AYES: NOES: ABSENT: ESTHER C. BEIRNE, City Clerk ATTACHMENT B AGREEMENT FOR PROFESSIONAL SERVICES FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES This Agreement is made and entered into this 1St day of October, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Mary McGrath Architects, a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, in October, 2014, CITY issued a Notice Inviting Proposals for architectural services to prepare an Essential Facilities Strategic Plan; and WHEREAS, the Notice Inviting Proposals indicated the potential for future phases under a separate contract; and WHEREAS, CONTRACTOR was selected by City to provide, and did provide, architectural services for the implementation of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, the CITY is entering into the design phase of the Essential Facilities Strategic Plan; and WHEREAS, CONTRACTOR expressed an interest in performing the architectural and design services required for implementation of Phase 1 of the Essential Facilities Strategic Plan, and was interviewed for that project by the City Council's Facilities Subcommittee on August 25, 2015, and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council, and the City Council, on September 21, 2015, authorized, entering into a Professional Services Agreement with CONTRACTOR for architectural and design, bidding, and construction administration services needed to implement Phase 1 of the Essential Facilities Strategic Plan; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects Rev. Date: 7/30/15 of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Mary McGrath is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in CONTRACTOR's proposed work plans for the "Public Safety Center", "Replacement Fire Station 52 and Training Tower at 210 3`d St.", and "Replacement Fire Station 57 at 3530 Civic Center Drive", attached hereto as Exhibits 1, 2, and 3, respectively, and incorporated herein by reference. CONTRACTOR shall provide such services consistent with the schedule set forth in Exhibit 5 attached hereto and incorporated herein by reference; provided that regardless of such schedule, CONTRACTOR shall not begin work on any "Task" described in Exhibits 1, 2, and/or 3 unless and until CITY, through its PROJECT MANAGER, serves CONTRACTOR with written "Notice to Proceed" with that Task. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and coordinate with CONTRACTOR regarding key aspects of the architectural and design, bidding, and construction administration phases. CITY shall provide CONTRACTOR with a written "Notice to Proceed" when CITY desires CONTRACTOR to begin any individual "Task" described in Exhibits 1, 2, and/or 3; provided, however, that CITY shall not be required to issue a "Notice to Proceed" as to any Task should CITY determine to terminate this Agreement as provided in Paragraph 6 below. 4. COMPENSATION. For the full performance by CONTRACTOR of the "Tasks" described in Exhibits 1, 2, and 3, CITY shall pay CONTRACTOR the compensation set forth for each such Task on the fee schedule entitled "MMA Fee Summary with Basic and Added Services" attached hereto as Exhibit 4 and incorporated herein by reference, for a total professional services fee of $5,090,602 and for reasonable and customary reimbursable expenses of up -to an additional $254,530, for a total contract amount not to exceed $5,345,132. "Reasonable and customary reimbursable expenses" shall include, but are not limited to, initial report printing and subsequent reproduction, construction document, plan check and bid set reproduction, delivery services, messengers (with prior approval by CITY), mileage (at current government rates) and models or professional renderings. Reimbursable expenses will be billed at actual cost plus ten percent. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. Rev. date: 7/30/15 2 5. TERM OF AGREEMENT. The term of this Agreement shall be for 3 years, 9 months commencing on October 1, 2015 and ending on June 30, 2019. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period but not longer than one additional year. 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. CONTRACTOR shall be entitled to compensation for services performed, in a manner satisfactory to the CITY, up to the date of Termination. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR'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. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. In the event the documents are used by CITY for projects not contemplated by this Agreement, CITY shall defend and Indemnify CONTRACTOR from and against any claims related to such use. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR 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 Rev. date: 7/30/15 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, CONTRACTOR 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 two million dollars ($2,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR'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. Rev. date: 7/30/15 4 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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 CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR 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 CONTRACTOR. 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. Rev. date: 7/30/15 5 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR 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 CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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 Rev. date: 7/30/15 6 Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR 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 THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR 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 party. 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: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Assistant City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Mary McGrath Architects 505 17th Street, 2nd Floor Oakland, CA 94612 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, 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. Rev. date: 7/30/15 7 B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR 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 / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR 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 CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). Rev. date: 7/30/15 8 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 CONTRACTOR 51 JAMES M. SCHUTZ, City Manager Name: Title: ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney Rev. date: 7/30/15 f 113rzi CITY OF SAN RAFAEL PUBLIC SAFETY CENTER Conceptual Design, Entitlements, Schematic Design, Construction Documents, Bidding, Construction Administration Proposed Work Plan Review Draft August 7, 2015 Page I 1 EXHIBIT 1 PROJECT DESCRIPTION: The City of San Rafael proposes to build a new Public Safety Center at 14015 th Ave., across from the existing City Hall and on the site currently occupied by a City -owned parking lot, Fire Station 51 and a historically listed residence at 1313 5th Ave. The basis and recommendations for this project were established in the Essential Facilities Strategic Plan (Strategic Plan)adopted by the San Rafael City Council on July 201h 2015. BUDGET: The Public Safety Center building, site improvements, demolition, and specialty equipment has been set at approximately $29M. Allowances for both off-site improvements of $250,000, and FF&E at $1.8M have been included in the budget. PUBLIC SAFETY CENTER BUILDING IMPROVEMENTS: The facility is proposed to be a three level structure with parking on the first level. The building gross area is anticipated to be approximately 44,000 — 44,666 square feet with the following features: SRPD features include: ■ Approximately 20,250 SF of the facility is dedicated to law enforcement functions. Divisions include: — Office of the Police Chief — Operations Division including Patrol, Street Crimes and Traffic. — Administrative Services Division including Investigations, Business Office, Records, Dispatch, Property and Evidence, Professional Standards, CSO's, Footbeat and other supporting positions. ■ The Youth Services Bureau and the Marine Unit will be located in a separate location. SRFD features include: ■ Approximately 12,100 SF of the facility is dedicated to Fire Department functions. Functions include: — Fire Administration and Fire Prevention — Emergency operations — Fire Engine Company 51, Cross -staffed with Fire Truck 51. — Fire Reserve Unit ■ Medic Unit 51 will be relocated to Fire Station 52. Joint Facilities include: ■ Approximately 12,320 SF of the facility is for shared spaces and building support areas. They include: — Conference rooms — Emergency Operations Center (EOC)/training room — Break rooms — Fitness room — Lobby and public restrooms — Men's and women's staff toilets — All Infrastructure support areas including computer rooms, electrical rooms, etc. Page 12 EXHIBIT 1 Site Functions ■ Parking — Patrol vehicles and specialized support units (SWAT, CSI VAN, and various trailers) and Fire Suppression Units are planned to be on-site. Personal vehicles and un -marked SRPD vehicles will be parked off-site. The fire apparatus are planned to respond onto C St. similar to the current Station 51 response direction. On-site Improvements: ■ Anticipated on-site improvements include both secure and non -secure vehicle parking, concrete paving, loading dock, fueling, landscaping, utility service, security fencing, emergency generator, flagpole, sidewalks, site lighting and other related elements. Off-site Improvements: ■ The site layout and related off-site improvements scope will be designed during the conceptual design phase of the project and has not been fully developed. An allowance for off-site improvements has been included. Off-site improvements anticipated may be sidewalk replacement, new aprons, traffic signal control and utility relocation. The budget number for this work will be validated once a final site design is complete. Page 13 iycu3r&i Task 1: Kick-off Meeting, Program and Budget Overview, Facilitv Tour Approach: Mary McGrath Architects (MMA) and team members will hold a kick-off meeting with the City Project Management team and all stakeholder groups to initiate the project. The discussions at the kick-off meeting will include communications protocol, project schedule overview and refinement. We will also review the project program and all budget parameters. An additional two days will be spent touring selected public safety centers in the Bay Area region to gain an overview of elements that are preferred and those which have not been successful in similar facilities. Deliverables ■ Meeting Minutes, Communication Protocol Confirmation, Tour Observations ■ Updated Project Schedule Meetinqs ■ Kick-off meeting ■ Public Safety Center tours Task 2: Conceptual Design Task 2A: Site Master Plan, Building Arrangement, Conceptual Floor Plans and Building Massing/Elevations Approach Based on the site space arrangements developed in the Strategic Plan and new data from the topographic survey, MMA will develop refined options for the site layout with further defined site arrangements, building area diagrams and massing for review with the City Design Team. The focus will be on apparatus and patrol response patterns and circulation needs, the main entry relationship to City Hall, organization and circulation needs of the shared functions around the main lobby and the adjacency requirements for related SRPD and SRFD functions. Charrette No. 1- Following the design effort above, MMA will lead a half-day design charrette working directly with both San Rafael Fire Department (SRFD) and San Rafael Police Department (SRPD) design team members to evaluate and refine the site arrangement concepts, area diagrams and circulation patterns. The design charrette, facilitated by Mary McGrath, will be a working session encouraging maximum participation from both the police and fire departments and other City team members as deemed appropriate. During this process, alternatives will be reviewed and refined in sketch format. From this charrette, the deign team will refine the site plan and further develop the area diagrams into conceptual floor plans and refined massing diagrams. Page 14 EXHIBIT 1 Charrette No. 2: Developed from the input received at Charrette No. 1, the building area diagrams will be refined into two contrasting conceptual floor plan options to compare and contrast the building circulation, site relationship and massing results. This second working session will be held to evaluate the design options with the City Design Team, identifying successful elements and recommended refinements to be carried into a final conceptual floor plan for continued massing and exterior building finish development. The Structural and Mechanical engineers will be included in this charrette to provide insight on potential systems solutions for the refined conceptual floor plan and massing diagram/exterior elevations. The second portion of this design charrette will include a focus on the sustainable strategies that could be considered in the further development of the conceptual design. We will explain the different elements that are typically evaluated when developing the sustainable strategies. These elements include, but are not limited to, satisfying San Rafael's Climate Change Action Plan and Sustainability Program Priorities updated in February 2015, complying with City of San Rafael's mandatory green building requirements and meeting the requirements for LEED Gold certification (LEED 2009 V3 version). The use of Solar PV in all the essential facilities projects may be one of the strategies considered with the possibility of using the City's current Power Purchase Agreement with PG&E. Between the charrette periods there will be one-on-one meetings with each department to focus on the spaces that are used only by the individual departments. For instance, there will be a dedicated meeting to review the patrol area along with temporary holding, armory and property and evidence. The same for the balance of the SRPD departments. Similarly, there will be a design meeting to review Fire Administration, EOC and Fire Station 51 spaces. Conceptual design elements addressed at these two charrettes will include: ■ Further refinement of the function relationships within the PSC to optimize space sharing opportunities as vetted in the programming phase. ■ Defining the circulation within the building and its relation to site circulation patterns, vehicle response needs, loading and off-loading requirements and the relationship of the main building entrance to City Hall. Developing floor layouts, volumes, and building systems that support the operations and concepts identified and respond to the sustainable goals of the project. Charrette No. 3: This design charrette (for the conceptual phase) will include a presentation of the final refinement of the conceptual floor plans and preliminary building elevation options to the User Groups and City Design Team members. Though the development of the building exterior options we will be selecting exterior material options, roof designs, building fenestration, and colors. MMA will prepare 3-D models of the proposed design options to further demonstrate the design intent as a part of this process. This collaborative session will include a presentation of the proposed building systems and sustainable strategies. Final Design Presentation: A final conceptual design presentation will take place with the User Groups and City Design Team members. Based on comments at Charrette No. 3, the exterior design will be refined and further developed so they are suitable for use in the preparation of the Design Review Board and Planning Commission applications. Page 15 c is EXHIBIT 1 Task 2B - Program Reconciliation: To confirm that the conceptual site and floor plan are meeting the program criteria our team will update the project program developed in the Strategic Plan with the space assigned in the conceptual design. We will develop recommendations for adjustment as necessary. Task 2C - Budget Confirmation: A square foot and systems level cost estimate will be prepared based on the conceptual design developed above. This estimate will confirm the project budget assumptions established in the Strategic Plan. If the estimate exceeds the range of costs defined for the project, recommendations for cost reductions will be developed and vetted with the City. Task 2D - Design Narrative The conceptual design phase will be wrapped up with the development of a design narrative that presents planning and design criteria for the new facility. The design narrative will identify preliminary functional requirements for site and building systems including architectural, civil, landscape structural, equipment, mechanical, electrical, data and plumbing. It is understood that the project goal is for a Gold level certification through the USGBC LEED program. A LEED check list will be created identifying the sustainable strategies which will be explored in the next phases of design. Proiect Deliverables 1. Refined Conceptual Site plan, Floor plan, 3-D building Images and Exterior Elevations 2. Program Reconciliation 3. Refined Overall I Project Budget and Estimate 4. Design Narrative 5. Technical memos 6. Initial LEED Checklist, Registration of the project with USGBC. Concurrent with this task MMA, will work with the City and City representatives to facilitate the implementation of a topographic survey, geotechnical and a geohazards study and Hazardous Materials Study by consultants hired directly by the City. Meetings 1. Design Charrettes as listed above 2. 3-4 Department level meetings as necessary to refine the design. 3. Monthly updates with the Working Group and Council Sub -committee Page 16 NVAcu 3ifi Task 3: Entitlements - Community Workshops, Design Review Board (DRB), Planning Commission (PC) and Citv Council Presentations Approach: An integral part of the design process includes the involvement of the community members that this facility will serve. During the Conceptual Design Phase and prior to the submission of Design Review materials, MMA will hold three public informational workshops to inform and invite public comment to the Public Safety Center project design progress. We will work with the City Team to determine when each of the public workshops will be held, their formats and the information which will be shared and open for comment. Following the community workshops and with a final approval of the conceptual design by the City, MMA will prepare and submit the project for design approval, planning entitlements and CEQA clearance. It is the desire of the City that the City Council be the ultimate approval body for the Public Safety Center design. The Council will also certify the CEQA determination. At this time the historical classification of the residence at 1313 5`h Ave may lead to the requirement for an EIR unless suitable mitigation can be developed for the removal of the historic structure. The exploration of suitable mitigation will be managed by the City's Community Development Department. Because the Design Review Board and the Planning Commission will act as a review body for comment with the final approval action on the design and entitlements by the City Council, we encourage members of the Planning Commission and Design Review Board to be added to the Working Group as a means to gather their input as the design is developed. Deliverables 1. Application and exhibits for the Design Review application, planning application, including rendered site plan, floor plans, elevations, 3-D images and exterior material color board 2. Presentation material for Community meetings, Design Review Board, Planning Commission and City Council 3. One watercolor presentation rendering for use in publications. Meetinas 1. Three Community workshops 2. Monthly updates with the Working Group and Council Sub -committee 3. One presentation to the Design Review Board 4. One presentation to the Planning Commission 5. One presentation to the City Council Page 17 W=ls Task 4: Schematic Design and Cost Estimate Approach: Following the preparation of the Design Review Board and Planning Applications and concurrent with the application processing, the MMA Project Team will prepare Schematic Design documents including on-site plans, (site grading plan, site utility plan), building floor plan(s), roof plans, building elevations, and outline specifications briefly describing the type of construction and building systems proposed. In addition, MMA will provide schematic engineering plans that will describe the building structural framing and foundation systems, mechanical systems, electrical systems, plumbing systems, security and data/telecommunications systems. At this time the design team will also present equipment/fixture options with product cut sheets for review and confirmation by the City Design Team. This phase of the work will be very collaborative with the City Design Team working together to establish the most cost effective building components that meet the City's goals for long term maintenance, durability and project budget compliance. The level of engineering detail will be developed in this phase so that systems and finish value engineering can be effectively completed during the schematic design. An important element of this phase is the inclusion of the waterproofing consultant in the selection of the building envelope systems. They will advise on the suitability of the selected systems at this phase and advise on the detailing of the assemblies in subsequent phases. The end goal of this task is to develop and refine the building and site design criteria so that an accurate and detailed cost estimate can be completed and the budget reconciled to meet the funds available, while at the same time, the planning and environmental process is taking place. Then, when the planning approvals are achieved, the detailed and reconciled cost estimate will be complete with adjustments made so that the project remains on budget. The City Council can then approve the design to proceed into construction document production along with approving the design and certifying the environment clearance. Deliverables 1. Schematic building floor plans, on and off-site improvement plans, building elevations. Schematic engineering design drawings including structural, mechanical, plumbing, electrical plans, grading and drainage plan, security systems, AV and data designs. 2. Outline specifications briefly describing the engineered systems to be used in the new building. 3. Waterproofing Systems Review and Recommendations 4. Specialty Equipment and Furnishing listing with product cut sheets and budget information. 5. CSI based estimate of probable cost 6. Updated Sustainable Design Checklist using the USGBC LEED 2009 V3 system. Meetinqs 1. One meeting to 'kick-off' schematic engineering effort with entire project Team. 2. A Second meeting to present schematic design progress 3. A third meeting to present Schematic engineering package with estimate to City Team for review. 4. One meeting to review comments/refine estimate/refine design. 5. Monthly updates with the Working Group and Council Sub -committee Page 18 [001-- al Task 5: . DesiRn Development and Updated Cost Estimate Approach: The Schematic Design drawing set with budget reconciliation adjustments will be the basis for the completion of the design development and construction documents. The MMA architectural staff and the project consultant team will use the information contained in this set of documents to produce the construction plans. It is assumed that the work will be developed under the current building codes as adopted by the City of San Rafael and to all other applicable codes including the State of California Essential Service Act requirements and using standard production procedures. The set will include all plans, material specifications, and engineering reports. The primary intent of the design development phase is to determine the exact size, profile, and character of the building and site design to form a basis for final construction documents. MMA and the consultant team will use this phase to further define/refine the building and site development aspects of the design. Deliverables 1. Design Development level building architectural and engineering drawings 2. Design Development level on-site grading and drainage design 3. Design Development level on-site utility plan 4. Design Development level on-site erosion control plan 5. Design Development level off-site Improvement drawings 6. Draft construction specifications 7. Interior material color board 8. Draft Furnishings Specifications 9. Updated plumbing, mechanical and electrical cut sheets 10. Design Development Cost Estimate 11. Initial development of the LEED documentation for submittal to the USGBC website and confirmation of the sustainable elements which will contribute to the LEED goal of gold certification. 12. Waterproofing review comments and response.from Design Team Meetinas 1. Three meetings with the City Project Team a. Design Development Kickoff b. Interior material selection meeting c. 100% Design Development presentation 2. Monthly updates with the Working Group and Council Sub -committee Page 19 EXHIBIT 1 Task 6: Construction Documents and Final Cost Estimate Approach: This task will occur in two phases. The first task is the completion of the 95% documents. This work is based on comments to the design development documents and cost estimate_ We will submit this substantially complete drawing set for plan check by the City. It is anticipated that this set will be complete except for response to plan check questions. The 95% document set will be the basis for the final cost estimate updated with plan check comment adjustments. The 100% documents will be permit ready and be the bid set. Deliverables 1. 95% construction documents for submittal to building department a. Site improvement design and documentation. b. Off -Site Improvement c. Dimensioned layout of final plans, sections, and elevations d. Door and window schedules e. Building detailing f. Interior finish schedule g. Interior design including selection of interior materials and colors 2. Design of all engineered systems including: a. Structural design b. Mechanical Design c. Plumbing layout, design and fixture schedule d. Performance criteria for design/build commercial sprinkler system e. Electrical layout, design and fixture schedule f. Phone, data and speaker layout and design to head -in equipment g. Fire alerting system design h. Radio system infrastructure design. Radio head -in equipment and antenna design by City. i. Security system design j. Audio Visual and Intercom System design 3. Plan check Response Listing 4. Complete product specifications 5. Complete equipment and material cut sheets 6. Engineering calculations and Title 24 energy documentation 7. Final Constructability and Assembly Review comments by waterproofing consultant 8. Review Draft Division 0 documents prepared by the City. Coordinate with Division 1 documents prepared by MMA 9. 100% Design Documents (Bid documents) 10. Final construction cost estimate in CSI format at 95% CD's. 11. Preparation and submission of all required LEED documentation to the USGBC website Meetings 1. Multiple (5-6) meetings to review progress. 2. Monthly updates with the Working Group and Council Sub -committee Page 110 ■ EXHIBIT 1 Task 7: Bidding Approach: It is assumed that the project will be publicly bid by prequalified contractors and major subcontractors. Our team will assist the City in preparing the documents for bid. The documents will be advertised and submitted to plan rooms for bidding by the City. There will be a pre -bidding conference which MMA will attend. We will respond to questions during bidding, prepare written clarifications and addenda. Deliverables 1. Pre-bid Conference Agenda and meeting notes 2. Written response to questions 3. Preparation and issuance of addenda 4. Bid Evaluation and written recommendation to award. Meetings 1. Attendance at pre-bid conference 2. Attendance at bid opening Task 8: Construction Observation Approach: We anticipate a 24 month construction period. During this period we will provide a field representative that understands the trades, sequence of construction and has been a part of the MMA constructability review team. We will participate in bi-weekly construction meetings on-site. MMA's project architect and supporting office staff will provide support to the field through our response to RFI's, submittal review, substitution review and change order requests. The engineering team will perform site observations 5-6 times during the construction phase at critical phases for their discipline. Deliverables and Meetings 1. Attend pre -construction meeting. 2. Attend bi-weekly construction progress meetings 3. Review of contractor pay requests. 4. Review and respond to RFI's 5. Review and respond to all Change Requests 6. Coordination of construction progress review by consultants as needed 7. Submittal / shop drawing processing and review 8. Clarifications/ field questions processing and response Page III EXHIBIT 1 Task 9: Close-out Approach: MMA and the consultant team will perform a walk through to determine Substantial Completion of the building and site construction phase of the work and prepare a final punch list. We will then provide a final walk through to verify that the punch list items have been completed. Our tasks in the phase will include review of close-out documents for accuracy and completeness. They include: Operations and Maintenance Manuals, Warrantees and Guarantees and evidence of extra stock delivery. We will gather record drawings prepared by the contractor and update the bid documents in a digital format for the City's use. Deliverables 1. Punch List at Substantial Complete 2. Review and written comments on close out documents including O&M manuals and warranties/guarantees 3. Digital Record Drawings (Update of bid documents based on the Contractors Red -lines in a digital format.) Meetings 1. Punch List walk through at Substantial Completion 2. Final Walk-through 3. Post occupancy walk- through at 3 months and one year to follow-up on building commissioning. Work Scope Qualifications and Exclusions: Products and services to be provided by the others: 1. Geotechnical and Geohazards Studies 2. Surveying 3. Hazardous Materials Studies Work that is not included in the Contract Work Scope above But is available upon request: 1. Clerk of the Work and Construction Management 2. Hearings, submittals or negotiations with the City of San Rafael Planning Department beyond those listed above. 3. Summary of facility maintenance and operation cost 4. Presentation Models 5. Head -in equipment design and procurement for phone, data, and radio systems 6. Specialized energy analysis of the facility design beyond those required for LEED Gold Certification 7. Traffic Signal improvements (except signal pre-empt) 8. Off-site observation of construction materials and assemblies 9. Furnishings Procurement and installation coordination. Page 1 12 EXHIBIT 2 CITY OF SAN RAFAEL REPLACEMENT FIRE STATION 52 & TRAINING TOWER AT 210 3RD ST. Conceptual Design, Entitlements, Schematic Design, Construction Documents, Bidding, Construction Administration Proposed Work Plan Review Draft August 7, 2015 Page I 1 EXHIBIT 2 Project description: The City of San Rafael proposes to build a replacement Fire Station 52 and Training Tower at 210 3`d Street, on the site currently occupied by the existing Fire Station 52 and Training tower. The basis and recommendations for this project were established in the Essential Facilities Strategic Plan (Strategic Plan) adopted by the San Rafael City Council on July 20th 2015. Budget: The Fire Station 52 building, on-site improvements, demolition, and specialty equipment has been set at approximately $7.5M. Allowances for off-site improvements of $150,000; $1M for the training tower and an additional $200k for FF&E have been included in the budget. Fire Station 52 building improvements: ■ Two-story Fire Station of approximately 11,100 gross square feet. Fire Station 52 features include: ■ 3,600 Sf for three apparatus bays and apparatus support functions ■ 1,500 SF for firefighter office areas, lobby and a 24 person classroom ■ 2,3121 SF firefighter living quarters ■ 1,088 SF for utility support, circulation and structure. Training Tower and other training improvements: ■ Four or five story pre-engineered training structure ■ Training props such as burn rooms as budget allows. ■ Training Grounds surrounding the tower for ladder and hose drills ■ Drafting Pit for hose and pumper testing. Site Improvements: ■ Secure and Non -secure parking with concrete paving ■ New utility services from the street. ■ Apparatus washing area ■ Yard hydrant ■ Emergency Generator for building and site back-up power. ■ Trash enclosure ■ Patio and Flag pole ■ Landscaping, site lighting and other related elements. Off-site Improvements: ■ The site layout and related off-site improvements scope will be designed during the conceptual design phase of the project. An allowance for off-site improvements has been included. Off-site improvements anticipated may be sidewalk replacement, new aprons, traffic signal control and utility relocation. The budget number for this work will be validated once a final site design is complete. Page 12 EXHIBIT 2 Task 1: Kick-off Meeting, Program and Budget Overview, Facility Tour Approach The Mary McGrath Architects (MMA) team will hold a kick-off meeting with the City Project Management team and all stakeholder groups to initiate the project. The discussions at the kick-off meeting will include communications protocol, project schedule overview and refinement. We will also review the project program and all budget parameters. An additional day will be spent touring selected fire stations in the Bay Area to gain an overview of elements that are preferred and those which have not been successful in similar facilities. Deliverables ■ Meeting Minutes, Communication Protocol Confirmation, Tour Observations ■ Updated Project Schedule Meetinas ■ Kick-off meeting ■ Station tour Task 2: Conceptual Design Task 2A: Site Master Plan, Building Arrangement, Conceptual Floor Plans and Building Massing/Elevations Approach Based on the site space arrangements developed in the Strategic Plan and new data from the topographic survey, MMA will develop refined options for the site layout with further defined site arrangements, building area diagrams and massing for review with the City Design Team. The focus will be on apparatus response patterns and circulation needs, the traffic patterns of the area, organization and circulation needs of training operations and the adjacency requirements for related training and response functions. Charrette No. 1 - We will lead a half-day design charrette working directly with Fire Department design team members to evaluate and refine the site arrangement concepts, area diagrams and circulation patterns. The design charrette, facilitated by Mary Mcgrath, will be a working session encouraging maximum participation from the fire department and other City Team members as determined appropriate. A key area of refinement includes evaluating the apparatus response onto Union St. vs. 3`d St. and alternatives for accessing the site. During this process, alternatives will be reviewed and refined in sketch format. From this charrette, the design team will refine the site plan and further develop the area diagrams into conceptual floor plans and refined massing diagrams. Page 13 EXHIBIT 2 Charrette No. 2: Developed from the input received at Charrette No. 1, the building area diagrams will be refined into two contrasting conceptual floor plan options to compare and contrast the building circulation, site relationship and massing results. This second working session will be held to evaluate the design options with the City Design Team, identifying successful elements and recommended refinements to be carried into a final conceptual floor plan for continued massing and exterior building finish development. The Structural and Mechanical engineers will be included in this charrette to provide insight on potential systems solutions for the refined conceptual floor plan and massing diagram/exterior elevations. The second portion of this design charrette will include a focus on the sustainable strategies that could be considered in the further development of the conceptual design. We will explain the different elements that are typically evaluated when developing sustainable strategies. This charrette will include discussions on both Fire Stations 52 and 57 as the strategies identified for both will be similar. These sustainable elements include, but are not limited to, satisfying San Rafael's Climate Change Action Plan and Sustainability Program Priorities updated in February 2015, complying with City of San Rafael's mandatory green building requirements and meeting the requirements for LEED Gold certification (LEED 2009, V3 version). The use of Solar PV on all the essential facilities projects may be one of the strategies considered with the possibility of using the City's current Power Purchase Agreement with PG&E. Between the charrette periods there will a meeting with Fire Department to focus on the spaces that could be considered prototypical. Evolving from the component diagrams, each space will be refined for adaptation into this Fire Station 52 and replacement Fire Station 57. Prototypical spaces could include sleeping rooms, restrooms, the lobby and station office. Each will have similar attributes and be a similar size which can be adapted for each design. Conceptual design elements addressed at these two charrettes will include: ■ Further refinement of the building arrangement to focus on achieving drive through apparatus bays on the existing site. ■ Defining the circulation within the building and its relation to site circulation patterns, vehicle response needs, loading and off-loading requirements and the relationship of the training classroom to the training tower. ■ Developing floor layouts, volumes, and building systems that support the operations and concepts identified and respond to the sustainable goals of the project. ■ Development of the floor plates for the training tower based on the adaptation of pre-engineered tower options. Charrette No. 3: This design charrette (for the conceptual phase) will include a presentation of the final refinement of the conceptual floor plans and preliminary building elevation options to the User Groups and City Design Team members. Though the development of the building exterior options we will be selecting exterior material options, roof designs, building fenestration, and colors. MMA will prepare 3-D models of the proposed design options to further. demonstrate the design intent as a part of this process. This collaborative session will include a presentation of the proposed building systems and sustainable strategies. Page 14 EXHIBIT 2 Final Design Presentation: A final conceptual design presentation will take place with the User Groups and City Design Team members. Based on comments at Charrette No. 3, the exterior design will be refined and further developed so they are suitable for use in the preparation of the Design Review Board and Planning Commission applications. Task 2B - Program Reconciliation: To confirm that the conceptual site and floor plan are meeting the program criteria our team will update the project program developed in the Strategic Plan with the space assigned in the conceptual design. We will develop recommendations for adjustment as necessary Task 2C - Budget Confirmation: A square foot and systems level cost estimate will be prepared based on the conceptual design developed above. This estimate will confirm the project budget assumptions established in the Strategic Plan. If the estimate exceeds the range of costs defined for the project, recommendations for cost reductions will be developed and vetted with the City. Task 2D - Design Narrative The conceptual design phase will be wrapped up with the development of a design narrative that presents planning and design criteria for the new facility. The design narrative will identify preliminary functional requirements for site and building systems including architectural, civil, landscape structural, equipment, mechanical, electrical, data and plumbing. It is understood that the project goal is for a Gold level certification through the USGBC LEED program. A LEED check list will be created identifying the sustainable strategies which will be explored in the next phases of design. Deliverables 1. Refined Conceptual Site plan, Floor plan, 3-D building Images and Exterior Elevations 2. Program Reconciliation 3. Refined Overall Project Budget and Estimate 4. Design Narrative 5. Technical memos 6. Initial LEED Checklist, Registration of the project with USGBC. Concurrent with this task MMA will work with the City and City representatives to facilitate the implementation of a topographic survey, geotechnical and a geohazards study and Hazardous Materials Study by consultants hired directly by the City. Meetings 1. Design Charrettes as listed above 2. 2-3 Department level meetings as necessary to refine the design. 3. Monthly updates with the Working Group and Council Sub -committee Page 15 W-MMUM Task 3: Entitlements - Community Workshops, Design Review Board (DRB), Planning Commission (PC) and Citv Council Presentations Approach: An integral part of the design process includes the involvement of the community members that this facility will serve. During the Conceptual Design Phase and prior to the submission of Design Review materials, MMA will hold two public informational workshops to inform and invite public comment to the Fire Station 52 project design progress. We will work with the City Team to determine when the public workshops will be held, their formats and the information which will be shared and open for comment. Following the community workshops and with a final approval of the conceptual design by the City, MMA will prepare and submit the project for design and planning entitlements. It is the desire of the City that the City Council be the ultimate approval body for the Fire Station 52 design. In addition, we understand that this project is exempt from CEO,A because it is a replacement of an existing public facility on its existing site. Because the Design Review Board and the Planning Commission will act as a review body for comment with the final approval action on the design and entitlements by the City Council, we encourage members of the Planning Commission and Design Review Board to be added to the Working Group as a means to gather their input as the design is developed. Deliverables 1. Application and exhibits for the Design Review application, planning application, including rendered site plan, floor plans, elevations, 3-D images and exterior material color board 2. Presentation material for Community meeting, Design Review Board, Planning Commission and City Council 3. One watercolor presentation rendering for use in publications. Meetinqs 1. Two Community Workshops 2. One presentation to the Design Review Board 3. One presentation to the Planning Commission 4. One presentation to the City Council Page 16 EXHIBIT 2 Task 4: Schematic Design and Cost Estimate Approach: Following the preparation of the Design Review Board and Planning Applications, and concurrent with the application processing, the MMA Project Team will prepare Schematic Design documents including on-site plans, (site grading plan, site utility plan), building floor plan(s), roof plans, building elevations, and outline specifications briefly describing the type of construction and building systems proposed. In addition, MMA will provide schematic engineering plans that will describe the building structural framing and foundation systems, mechanical systems, electrical systems, plumbing systems, fire alerting system, security and data/telecommunications systems. At this time the design team will also present equipment/fixture options with product cut sheets for review and confirmation by the City Design Team. This phase of the work will be very collaborative with the City Design Team working together to establish the most cost effective building components that meet the City's goals for long term maintenance, durability and project budget compliance. There is a unique opportunity for the City to create equipment standards that would be specified in each facility. Standards can be set in a number of systems such as generator manufacturers, bi-parting or similar apparatus bay door types, door hardware and light fixture lamp types. The level of standardization and engineering detail will be developed in this phase so that systems and finish value engineering can be effectively completed during the schematic design. An important element of this phase is the inclusion of the waterproofing consultant in the selection of the building envelope systems. They will advise on the suitability of the selected systems at this phase and advise on the detailing of the assemblies in subsequent phases. The end goal of this task is to develop and refine the building and site design criteria so that an accurate and detailed cost estimate can be completed and the budget reconciled to meet the funds available, while at the same time, the planning and environmental process is taking place. Then, when the planning approvals are achieved, the detailed and reconciled cost estimate will be complete with adjustments made so that the project remains on budget. The City Council can then approve the design to proceed into construction document production along with approving the design and certifying the environment clearance. Deliverables 1. Schematic Fire Station 52 floor plans, Training Tower floor plans, on and off-site improvement plans, roof plans, building sections and elevations. Schematic engineering design drawings including structural, mechanical, plumbing, electrical plans, grading and drainage plan, security systems, AV and data designs. Options for specialty training props will be included at this phase. 2. Outline specifications briefly describing the engineered systems to be used in the new buildings. 3. Waterproofing systems review and recommendations 4. Specialty Equipment and Furnishing listing with product cut sheets and budget information. 5. Cost Estimate 6. Updated Sustainable Design Checklist using the USGBC LEED format. Meetings 1. One meeting to 'kick-off' schematic engineering effort with entire project Team. 2. A second meeting to present schematic design progress 3. A third meeting to present Schematic engineering package with estimate to City Team for review. Page 17 f-^ M �y cuar�a Task 5:, Design Development and Updated Cost Estimate Approach: The Schematic Design drawing set with budget reconciliation adjustments will be the basis for the completion of the design development and construction documents. The MMA architectural staff and the project consultant team will use the information contained in this set of documents to produce the complete construction plans. It is assumed that the work will be developed under the current building codes as adopted by the City of San Rafael and to all other applicable codes including the State of California Essential Service Act requirements, using standard production procedures. The set will include all plans, material specifications, and engineering reports. The primary intent of the design development phase is to determine the exact size, profile, and character of the building and site design to forma basis for final construction documents. MMA and the consultant team will use this phase to further define/refine the building and site development aspects of the design. Deliverables 1. Design Development level fire station drawings 2. Design Development level on-site grading and drainage design 3. Design Development level on-site utility plan 4. Design Development level on-site erosion control plan 5. Design Development level performance specifications and layout for Design/Build Training Tower. 6. Draft construction specifications 7. Interior material color board 8. Draft Furnishings Specifications 9. Updated plumbing, mechanical and electrical cut sheets 10. Design Development level cost estimate 11. Initial development of the LEED documentation for submittal to the USGBC website and confirmation of the sustainable elements which will contribute to the LEED goal of gold certification. 12. Waterproofing review comments and response from Design Team Meetinas 1. Three meetings with the City Project Team a. Design Development Kickoff b. Interior material selection meeting c. 100% Design Development presentation 2. Monthly updates with the Working Group and Council Sub -committee Page 18 EXHIBIT 2 Task 6: Construction Documents and Final Cost Estimate Approach: This task will occur in two phases. The first task is the completion of the 95% documents. This work is based on comments to the Design Development documents and cost estimate. We will submit this substantially complete drawing set for plan check by the City. It is anticipated that this set will be complete except for response to plan check questions. The 95% document set will be the basis for the final cost estimate supported by plan check comment adjustments. The 100% documents will be permit ready and be the bid set. Deliverables: 1. 95% construction documents for submittal to building department a. Site improvement design and documentation. b. Dimensioned layout of final plans, sections, and elevations c. Door and window schedules d. Building detailing e. Interior finish schedule f. Interior design including selection of interior materials and colors 2. Design of all engineered systems including: a. Structural design b. Mechanical Design c. Plumbing layout, design and fixture schedule d. Performance criteria for design/build commercial sprinkler system e. Electrical layout, design and fixture schedule f. Phone, data and speaker layout and design to head -in equipment g. Fire alerting system design h. Radio system infrastructure design. Radio head -in equipment and antenna design by City. i. Security system design j. Audio Visual and Intercom System Design 3. 95% complete performance specifications and exhibits for Training Tower Design/Build Contractor 4. Plan check Response Listing 5. Complete product specifications 6. Complete equipment and material cut sheets 7. Engineering calculations and Title 24 energy documentation 8. Final Constructability and Assembly Review comments by waterproofing consultant 9. Review Draft Division 0 documents prepared by the City. Coordinate with Division 1 documents prepared by MMA 10. 100% Design Documents (Bid documents) 11. Final construction cost estimate in CSI format at 95% CD's. 12. Preparation and submission of all required LEED documentation to the USGBC website Meetings 1. Multiple (2-3) meetings to review progress. MA H I ARCHITECTS EXHIBIT 2 Task 7: Bidding Approach: It is assumed that the project will be publicly bid by prequalified contractors and major subcontractors. Our team will assist the City in preparing the documents for bid. The documents will be advertised and submitted to plan rooms for bidding by the City. There will be a pre -bidding conference which MMA will attend. We will respond to questions during bidding, prepare written clarifications and addenda. Deliverables 1. Pre-bid Conference Agenda and meeting notes 2. Written response to questions 3. Preparation and issuance of addenda 4. Bid Evaluation and written recommendation to award. Meetinas 1. Attendance at pre-bid conference 2. Attendance at bid opening Task 8: Construction Observation Approach: We anticipate a 14 month construction period. During this period we will provide a field representative that understands the trades, sequence of construction and has been a part of the MMA constructability review team. We will participate in bi-weekly construction meetings on-site. MMA's project architect and supporting office staff will provide support to the field through our response to RFI's, submittal review, substitution review and change order requests. The engineering team will perform site observations 2-3 times during the construction phase at critical phases for their discipline Deliverables and Meetinas 1. Attend pre -construction meeting. 2. Attend bi-weekly construction progress meetings 3. Review contractor pay requests 4. Review and respond to RFI's 5. Review and respond to all Change Requests 6. Coordination of construction progress review by consultants as needed 7. Submittal / shop drawing processing and review 8. Clarifications / field questions processing and response Page 110 EXHIBIT 2 Task 9: Close-out Approach: MMA and the consultant team will perform a walk through to determine Substantial Completion of the building and site construction phase of the work and prepare a final punch list. We will then provide a final walk through to verify that the punch list items have been completed. Our tasks in the phase will include review of close-out documents for accuracy and completeness. They include: Operations and Maintenance Manuals, Warrantees and Guarantees and evidence of extra stock delivery. We will gather record drawings prepared by the contractor and update the bid documents in a digital format for the City's use. Deliverables 1. Punch List at Substantial Complete 2. Review and written comments on close out documents including O&M manuals and warranties/guarantees 3. Digital Record Drawings (Update of bid documents based on the Contractors Red -lines in a digital format.) Meetings 1. Punch List walk through at Substantial Completion 2. Final Walk-through 3. Post occupancy walk- through at 3 months and one year to follow-up on building commissioning. Work Scope Qualifications and Exclusions: Products and services to be provided by the others: 1. Geotechnical and Geohazards Studies 2. Surveying 3. Hazardous Materials Studies Work that is not included in the Contract Work Scope above But is available upon request: 1. Clerk of the Work and Construction Management 2. Hearings, submittals or negotiations with the City of San Rafael Planning Department beyond those listed above. 3. Summary of facility maintenance and operation cost 4. Presentation Models 5. Head -in equipment design and procurement for phone, data, and radio systems 6. Specialized energy analysis of the facility design beyond those required for LEED Gold Certification 7. Traffic Signal improvements (except signal pre-empt) 8. Off-site observation of construction materials and assemblies 9. Furnishings Procurement and installation coordination. Page 111 EXHIBIT 3 CITY OF SAN RAFAEL REPLACEMENT FIRE STATION 57 AT 3530 CIVIC CENTER DRIVE Conceptual Design, Entitlements, Schematic Design, Construction Documents, Bidding, Construction Administration Proposed Work Plan and Estimated Fee Review Draft August 7, 2015 GRATH I ARCHITECTS EXHIBIT 3 Project description: The City of San Rafael proposes to build a replacement Fire Station 57 at 3530 Civic Center Drive on the site currently occupied by the existing Fire Station 57. The basis and recommendations for this project were established in the Essential Facilities Strategic Plan (Strategic Plan)adopted by the San Rafael City Council on July 20'h 2015. Budget: The Fire Station 57 building, site improvements, demolition, and specialty equipment has been set at approximately $6.8M. Allowances for off-site improvements of $250,000 and an additional $200k for FF&E have been included in the budget. Fire Station 57 building improvements: ■ Two-story fire station with approximately 9,874 gross square feet. Fire Station 57 features include: ■ 3,800 SF for three apparatus bays and apparatus support functions ■ 330 SF for firefighter office areas and lobby ■ 2,311 SF firefighter living quarters ■ 1,088 SF for utility support ■ 2,279 SF for circulation and structure. Site Improvements: ■ Secure and Non -secure parking with concrete paving ■ New utility services from the street. ■ Apparatus washing area ■ Yard hydrant ■ Emergency Generator for building and site back-up power. ■ Trash enclosure ■ Patio and Flag pole ■ Landscaping, site lighting and other related elements. Off-site Improvements: ■ The site layout and related off-site improvements scope will be designed during the conceptual design phase of the project and has not been fully developed. An allowance for off-site improvements has been included. Off-site improvements anticipated may be sidewalk replacement, new aprons, traffic signal control and utility relocation. The budget number for this work will be validated once a final site design is complete. Page 12 ■ EXHIBIT 3 Task 1: Kick-off Meeting;, Program and Budget Overview, Facilitv Tour Approach Mary McGrath Architects (MMA) and team members will hold a kick-off meeting with the City Project Management team and all stakeholder groups to initiate the project. The discussions at the kick-off meeting will include communications protocol, project schedule overview and refinement. We will also review the project program and all budget parameters. The Fire Department design team directing the Fire Station 57 work would participate in the station tour that is being held for the Fire Station 52 project. Deliverables ■ Meeting Minutes, Communication Protocol Confirmation, Tour Observations ■ Updated Project Schedule Meetinas ■ Kick-off meeting ■ Station tour Task 2: Conceptual Design Task 2A: Site Master Plan, Building Arrangement, Conceptual Floor Plans and Building Massing/Elevations Approach Based on the site space arrangements developed in the Strategic Plan and new data from the topographic survey, MMA will develop refined options for the site layout with further defined site arrangements, building area diagrams and massing for review with the City Design Team. The focus will be on apparatus response patterns and circulation needs, the traffic patterns of the area, organization and circulation needs of in-service training operations and the site area requirements for the future storage facility and trailer storage. Charrette No. 1- We will lead a half-day design charrette working directly with Fire Department design team members to evaluate and refine the site arrangement concepts, area diagrams and circulation patterns. The design charrette, facilitated Mary Mcgrath, will be a working session encouraging maximum participation from the fire department and other City and County team members as determined appropriate. A key area of refinement includes evaluating the station placement and apparatus bay driveway location related to the existing island on Civic Center Drive. During this process, alternatives will be reviewed and refined in sketch format. From this charrette, the deign team will refine the site plan and further develop the area diagrams into conceptual floor plans and refined massing diagrams. Charrette No. 2: Developed from the input received at Charrette No. 1, the building area diagrams will be refined into two contrasting conceptual floor plan options to compare and contrast the building circulation, site relationship and massing results. This second working session will be held to evaluate the design options with the City Design Team, identifying successful elements and recommended refinements to be carried into a final Page 13 EXHIBIT 3 conceptual floor plan for continued massing and exterior building finish development. The structural and mechanical engineers will be included in this charrette to provide insight on potential systems solutions for the refined conceptual floor plan and massing diagram/exterior elevations. The second portion of this design charrette will include a focus on the sustainable strategies that could be considered in the further development of the conceptual design. We will explain the different elements that are typically evaluated when developing sustainable strategies. This charrette will include discussions on both Fire Stations 52 and 57 as the strategies identified for both will be similar (they will be concurrent similar to the station tours). These sustainable elements include, but are not limited to, satisfying San Rafael's Climate Change Action Plan and Sustainability Program Priorities updated in February 2015, complying with City of San Rafael's mandatory green building requirements and meeting the requirements for LEED Gold certification (LEED 2009, V3 version). The use of Solar PV on all the essential facilities projects may be one of the strategies considered with the possibility of using the City's current Power Purchase Agreement with PG&E. Between the charrette periods there will a meeting with Fire Department to focus on the spaces that could be considered prototypical. Evolving from the component diagrams, each space will be refined for adaptation into this Fire Station 52 and replacement Fire Station 57. Prototypical spaces could include sleeping rooms, restrooms, the lobby and station office. Each will have similar attributes and be a similar size which can be adapted for each design. Because this facility lies in the "shadow' of the Marin Civic Center there will be a heightened interest in the exterior design and massing of the replacement station. Our design team will consult with the County Planning Department to gather general guidance on development within this Civic Center complex. Conceptual design elements addressed at these two charrettes will include: ■ Further refinement of the building arrangement to focus on achieving drive through apparatus bays on the existing site. ■ Defining the circulation within the building and its relation to site circulation patterns, vehicle response needs, loading and off-loading requirements and the relationship most active station operations to the adjacent residences. ■ Developing floor layouts, volumes, and building systems that support the operations and concepts identified and respond to the sustainable goals of the project. ■ Refining the building design so that it is seen as a cohesive part of the Marin Civic Center Complex. Charrette No. 3: This design charrette (for the conceptual phase) will include a presentation of the final refinement of the conceptual floor plans and preliminary building elevation options to the User Groups and City Design Team members. Though the development of the building exterior options we will be selecting exterior material options, roof designs, building fenestration, and colors. MMA will prepare 3-D models of the proposed design options to further demonstrate the design intent as a part of this process. This collaborative session will include a presentation of the proposed building systems and sustainable strategies. Final Design Presentation: A final conceptual design presentation will take place with the User Groups and City Design Team members. Based on comments at Charrette No. 3, the exterior design will be refined and Page 14 EXHIBIT 3 further developed so they are suitable for use in the preparation of the Design Review Board and Planning Commission applications. Task 2B - Program Reconciliation: To confirm that the conceptual site and floor plan are meeting the program criteria our team will update the project program developed in the Strategic Plan with the space assigned in the conceptual design. We will develop recommendations for adjustment as necessary Task 2C - Budget Confirmation: A square foot and systems level cost estimate will be prepared based on the conceptual design developed above. This estimate will confirm the project budget assumptions established in the Strategic Plan. If the estimate exceeds the range of costs defined for the project, recommendations for cost reductions will be developed and vetted with the City. Task 2D - Design Narrative The conceptual design phase will be wrapped up with the development of a design narrative that presents planning and design criteria for the new facility.. The design narrative will identify preliminary functional requirements for building systems including architectural, civil, landscape structural, equipment, mechanical, electrical, data and plumbing. It is understood that the project goal is targeted for a Gold level certification through the USGBC LEED program. A LEED check list will be created identifying the sustainable strategies which will be explored in the next phases of design. Deliverables 1. Refined Conceptual Site plan, Floor plan, 3-D building Images and Exterior Elevations 2. Program Reconciliation 3. Refined Overall Project Budget and Estimate 4. Design Narrative 5. Technical memos 6. Initial LEED Checklist, Registration of the project with USGBC. Concurrent with this task MMA will work with the City and City representatives to facilitate the implementation of a topographic survey, geotechnical and a geohazards study and Hazardous Materials Study by consultants hired directly by the City. Meetings 1. Design Charrettes as listed above 2. 2-3 Department level meetings as necessary to refine the design. 3. Monthly updates with the Working Group and Council Sub -committee Page 15 EXHIBIT 3 Task 3: Entitlements - Community Workshop, Design Review Board (DRBL Planning Commission (PC) and City Council Presentations Approach: An important part of the design process includes the involvement of the community members that this facility will serve. During the Conceptual Design Phase and prior to the submission of Design Review materials, MMA will hold up to three public informational workshops to inform and invite public comment to the Fire Station No. 57 project design progress. We will work with the City Team to determine when the public workshops will be held, their formats and the information which will be shared and open for comment. We have included three workshops at this site because the fire station adjoins a residential neighborhood and the need for a design solution which is complimentary to the Civic Center. Following the community workshops and with a final approval of the conceptual design by the City, MMA will prepare and submit the project for design and planning entitlements. It is the desire of the City that the City Council be the ultimate approval body for the Fire Station 57 design. In addition, we understand that this project is exempt from CEQA because it is a replacement of an existing public facility on its existing site. Because the Design Review Board and the Planning Commission will act as a review body for comment with the final approval action on the design and entitlements by the City Council, we encourage members of the Planning Commission and Design Review Board to be added to the Working Group as a means to gather their input as the design is developed. Deliverables 1. Application and exhibits for the Design Review application, Planning application, including rendered site plan, floor plans, elevations, 3-D images and exterior material color board 2. Presentation materials for the Community Workshops, Design Review Board, Planning Commission and City Council 3. One watercolor presentation rendering for use in publications. Meetinas 1. Three Community Workshops 2. One presentation to the Design Review Board 3. One presentation to the Planning Commission 4. One presentation to the City Council Page 16 EXHIBIT 3 Task 4: Schematic Design and Cost Estimate Approach: Following the preparation of the Design Review Board and Planning Applications, and concurrent with the application processing, the MMA Project Team will prepare Schematic Design documents including on-site plans, (site grading plan, site utility plan), building floor plan(s), roof plans, building elevations, and outline specifications briefly describing the type of construction and building systems proposed. In addition, MMA will provide schematic engineering plans that will describe the building structural framing and foundation systems, mechanical systems, electrical systems, plumbing systems, fire alerting system, security and data/telecommunications systems. At this time the design team will also present equipment/fixture options with product cut sheets for review and confirmation by the City Design Team. This phase of the work will be very collaborative with the City Design Team working together to establish the most cost effective building components that meet the City's goals for long term maintenance, durability and project budget compliance. There is a unique opportunity for the City to create equipment standards that would be specified in each facility. Standards can be set in a number of systems such as generator manufacturers, bi-parting or similar apparatus bay door types, door hardware and light fixture lamp types. The level of standardization and engineering detail will be developed in this phase so that systems and finish value engineering can be effectively completed during the schematic design. An important element of this phase is the inclusion of the waterproofing consultant in the selection of the building envelope systems. They will advise on the suitability of the selected systems at this phase and advise on the detailing of the assemblies in subsequent phases. The end goal of this task is to develop and refine the building and site design criteria so that an accurate and detailed cost estimate can be completed and the budget reconciled to meet the funds available, while at the same time, the planning and environmental process is taking place. Then, when the planning approvals are achieved, the detailed and reconciled cost estimate will be complete with adjustments made so that the project remains on budget. The City Council can then approve the design to proceed into construction document production along with approving the design. Deliverables 1. Schematic building Fire Station 57 floor plans, on and off-site improvement plans, roof plans, building sections and elevations. Schematic engineering design drawings including structural, mechanical, plumbing, electrical plans, grading and drainage plan, security systems, AV and data designs. 2. Outline specifications briefly describing the engineered systems to be used in the new buildings. 3. Waterproofing review and recommendation 4. Specialty Equipment and Furnishing listing with product cut sheets and budget information. 5. CSI based estimate of probable cost 6. Updated Sustainable Design Checklist using the USGBC LEED format. Meetinqs 1. One meeting to 'kick-off' schematic engineering effort with entire project Team. 2. A second meeting to present schematic design progress 3. A third meeting to present Schematic engineering package with estimate to City Team for review. Page 17 Mcaar01 Task 5: Design Development and Updated Cost Estimate Approach: The Schematic Design drawing set with budget reconciliation adjustments will be the basis for the completion of the Design Development and construction documents. The MMA architectural staff and the project consultant team will use the information contained in this set of documents to produce the complete construction plans. It is assumed that the work will be developed under the current building codes as adopted by the City of San Rafael and to all other applicable codes including the State of California Essential Service Act requirements, using standard production procedures. The set will include all plans, material specifications, and engineering reports. The primary intent of the design development phase is to determine the exact size, profile, and character of the building and site design to form a basis for final construction documents. MMA and the consultant team will use this phase to further define/refine the building and site development aspects of the design Deliverables 1. Design Development level fire station drawings 2. Design Development level on-site grading and drainage design 3. Design Development level on-site utility plan 4. Design Development level on-site erosion control plan 5. Draft construction specifications 6. Interior material color board 7. Draft Furnishings Specifications 8. Updated plumbing, mechanical and electrical cut sheets 9. Design development level Estimate of costs 10. Initial development of the LEED documentation for submittal to the USGBC website and confirmation of the sustainable elements which will contribute to the LEED goal of gold certification. 11. Waterproofing review comments and response from Design Team Meetings 1. Three meetings with the City Project Team a. Design Development Kickoff b. Interior material selection meeting c. 100% Design Development presentation 2. Monthly updates with the Working Group and Council Sub -committee Page 18 EXHIBIT 3 Task 6: Construction Documents and Final Cost Estimate Approach: This task will occur in two phases. The first task is the completion of the 95% documents. This work is based on comments to the Design Development documents and cost estimate. We will submit this substantially complete drawing set for plan check by the City. It is anticipated that this set will be complete except for response to plan check questions. The 95% document set will be the basis for the final cost estimate supported by plan check comment adjustments. The 100% documents will be permit ready and be the bid set. Deliverables: 1. 95% construction documents for submittal to building department a. Site improvement design and documentation. b. Dimensioned layout of final plans, sections, and elevations c. Door and window schedules d. Building detailing e. Interior finish schedule f. Interior design including selection of interior materials and colors 2. Design of all engineered systems including: a. Structural design b. Mechanical Design c. Plumbing layout, design and fixture schedule d. Performance criteria for design/build commercial sprinkler system e. Electrical layout, design and fixture schedule f. Phone, data and speaker layout and design to head -in equipment g. Fire alerting system design h. Radio system infrastructure design. Radio head -in equipment and antenna design by City. i. Security system design j. Audio Visual and Intercom System Design 3. Plan check Response Listing 4. Complete product specifications 5. Complete equipment and material cut sheets 6. Engineering calculations and Title 24 energy documentation 7. Final Constructability and Assembly Review comments by waterproofing consultant 8. Review Draft Division 0 documents prepared by the City. Coordinate with Division 1 documents prepared by MMA 9. 100% Design Documents (Bid documents) 10. Final construction cost estimate in CSI format at 95% CD's. 11. Preparation and submission of all required LEED documentation to the USGBC website Meetings 1. Multiple (2-3) meetings to review progress. Page 19 EXHIBIT 3 Task 7: Bidding Approach: It is assumed that the project will be publicly bid by prequalified contractors and major subcontractors. Our team will assist the City in preparing the documents for bid. The documents will be advertised and submitted to plan rooms for bidding by the City. There will be a pre -bidding conference which MMA will attend. We will respond to questions during bidding, prepare written clarifications and addenda. Deliverables 1. Pre-bid Conference Agenda and meeting notes 2. Written response to questions 3. Preparation and issuance of addenda 4. Bid Evaluation and written recommendation to award. Meetinqs 1. Attendance at pre-bid conference 2. Attendance at bid opening Task 8: Construction Observation Approach: We anticipate a 14 month construction period. During this period we will provide a field representative that understands the trades, sequence of construction and has been a part of the MMA constructability review team. We will participate in bi-weekly construction meetings on-site. MMA's project architect and supporting office staff will provide support to the field through our response to RFI's, submittal review, substitution review and change order requests. The engineering team will perform site observations 2-3 times during the construction phase at critical phases for their discipline Deliverables and Meetinas 1. Attend pre -construction meeting. 2. Attend bi-weekly construction progress meetings 3. Review of contractor pay requests. 4. Review and respond to RFI's 5. Review and respond to all Change Requests 6. Coordination of construction progress review by consultants as needed 7. Submittal / shop drawing processing and review 8. Clarifications /field questions processing and response Page I10 EXHIBIT 3 Task 9: Close-out Approach: MMA and the consultant team will perform a walk through to determine Substantial Completion of the building and site construction phase of the work and prepare a final punch list. We will then provide a final walk through to verify that the punch list items have been completed. Our tasks in the phase will include review of close-out documents for accuracy and completeness. They include: Operations and Maintenance Manuals, Warrantees and Guarantees and evidence of extra stock delivery. We will gather record drawings prepared by the contractor and update the bid documents in a digital format for the City's use. Deliverables 1. Punch List at Substantial Complete 2. Review and written comments on close out documents including 0&M manuals and warranties/guarantees 3. Digital Record Drawings (Update of bid documents based on the Contractors Red -lines in a digital format.) Meetings 1. Punch List walk through at Substantial Completion 2. Final Walk-through 3. Post occupancy walk- through at 3 months and one year to follow-up on building commissioning. Work Scope Qualifications and Exclusions: Products and services to be provided by the others: 1. Geotechnical and Geohazards Studies 2. Surveying 3. Hazardous Materials Studies Work that is not included in the Contract Work Scope above But is available upon request: 1. Clerk of the Work and Construction Management 2. Hearings, submittals or negotiations with the City of San Rafael Planning Department beyond those listed above. 3. Summary of facility maintenance and operation cost 4. Presentation Models 5. Head -in equipment design and procurement for phone, data, and radio systems 6. Specialized energy analysis of the facility design beyond those required for LEED Gold Certification 7. Traffic Signal improvements (except signal pre-empt) 8. Off-site observation of construction materials and assemblies 9. Furnishings Procurement and installation coordination. Page 111 MMA Fee Summary with Basic and Added Services Public Safety Center, Fire Stations 52 and 57 Prase Kick-off & Surveying Conceptual Design Entitlements Schematic Design & Cost Estimate Design Development & Cost estimate Construction Documents & Cost Estimate - -- - Bidding Construction Administration Close-out Total Fee Kick-off through Closeout w/o Reimbursables: Construction Budget Per Strategic Plan: Percentage of Construction Cost per Project: Design Services Budget per Strategic Plan: Savings from Strategic Plan Budget: Total Reimbursable Allowance per Project (Concept through Closeout): DCHIBIT4 Public Safety Center $29,039 $227,019 $95,316 $340,364 $667,638 $1,232,215 - $31,295 $636,798 $33,275 San Rafael Essential Facility Strategic Plan Phase 1 Implementation Fire Station 52 $18,039 $64,896 $27,047 $103,777 $198,493 $363,858 $8,796 $185,703 $10,776 Fire Station 57 $17,573 $53,950 $22,393 $86,493 $164,705 $300,991 $7,244 $153,685 $9,224 Total $64,651 $345,866 $144,756 $530,634 $1,030,836 $1,897,064 $47,335 $976,186 $53,275 $3,292,960 I $981,384 IF $816,258 $5,090,602 $37,537,350 $10,934,480 $8,819,160 $57,290,990 8.77% 8.98% 9.26% I 8.89% $3,981,235 $1,262,948 $1,064,416 $6,308,599 $688,275 $281,564 $248,158 $1,217,997 $164,648 $49,069 $40,813 $254,530 9/8/2015 0 EXHIBIT 5 City of San Rafael PSC, Fire Stations 52 and 57 Design Schedule Draft 09.09.2015 ID Task Name IDuration IStart Q4'14ij 0.1'151 Q2'151 Q3'15 0.4'151 Q1'16I Q2'161 Q3'16I Q4'16I Q1'171 Q2'171 Q3'171 Q4'171 QV181 Q2'18I Q3'181 Q4'181 Q1'19I Q2'".91 1 FIRE STATIONS 52 AND 57 128.2 wks 'Mon 10/5/15 IRE STATIONS 52 AND 5? 2 Kick-off meeting Station 1 wk Mon 10/5/15 10'S Kick-off meeting, Station Tours 34 Construction 60 wks Tue 1/24/17 35 36 NEW PUBLIC SAFETY 960 days 'Mon 10/5/15 CENTER 37 Conceptual Design 18 wks Tours Entitlements (IF EIR) 12 mons 39 3 Conceptual Design 14 wks Mon 10/12/15 Conceptual Desi n 1/15 9 Entitlement Review 8 wks Mon 1/18/16 Entitlem m: Review 3/11 10 Schematic Design 8 wks Tue 1/19/16 Schematic Design -- 3/14 15 Design Development 9 wks Tue 3/15/16 Des gr Development 5/16 22 Construction 20 wks Tue 5/17/16 Gm ;truction Documents Documents Plan Check 8 wks 43 31 Bid/Award 80 days Tue 10/4/16 Bid/Award 1/23 34 Construction 60 wks Tue 1/24/17 35 36 NEW PUBLIC SAFETY 960 days 'Mon 10/5/15 Mon 10/5/15 Mon 2/8/16 Mon 2/8/16 Mon 5/2/16 Mon 8/8/16 Mon 11/28/16 Mon 1/23/17 Mon 3/6/17 Mon 3/20/17 Mon 6/12/17 Construction f 3/19 NEW PUBLIC SAFETY CENTER i--•�---•---•---•-- Conceptual Design 2/5 Entitle hunts (IF EIR) _- 1/6 4/29 yam„, Schematic Design and Cost Estimate (Concurrent with Entitlements) Page 1 nts �oh 11/25 n Prepare and Estimate with Reconciliation 61 CENTER 37 Conceptual Design 18 wks 38 Entitlements (IF EIR) 12 mons 39 Schematic Design and 12 wks Cost Estimate (Concurrent with Entitlements) 40 Design Development 14 wks and Estimate with Reconciliation 41 Construction 16 wks Documents 42 Plan Check 8 wks 43 Address Plan Check 6 wks Comments/final Recheck 44 Prepare Bid documents 2 wks 45 Bid/Award 12 wks 46 Construction 104 wks Mon 10/5/15 Mon 2/8/16 Mon 2/8/16 Mon 5/2/16 Mon 8/8/16 Mon 11/28/16 Mon 1/23/17 Mon 3/6/17 Mon 3/20/17 Mon 6/12/17 Construction f 3/19 NEW PUBLIC SAFETY CENTER i--•�---•---•---•-- Conceptual Design 2/5 Entitle hunts (IF EIR) _- 1/6 4/29 yam„, Schematic Design and Cost Estimate (Concurrent with Entitlements) Page 1 nts �oh 11/25 n Prepare and Estimate with Reconciliation 61 crrr of Agenda Item No: 5. b Meeting Date: September 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office Prepared by: Jim Schutz, City Manager City Manager Approval: TOPIC: Project and construction management services for public safety facilities in San Rafael SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN RECOMMENDATION: Adopt the Resolution (Attachment A) authorizing the City Manager to execute a Professional Services Agreement with Kitchell CEM Inc. (Kitchell) for project and construction management services for Phase 1 of the Essential Facilities Strategic Plan. BACKGROUND: A separate item on tonight's City Council agenda is for architectural and design, bidding and construction administration services for the Phase 1 projects of the Essential Facilities Strategic Plan. That item contains a more detailed "Background" of the effort to -date. This contract, with Kitchell, is for the associated project management services. On August 25, 2015 the City Council's Facilities Subcommittee interviewed Kitchell for project and construction management services related to this project and recommends that the City continue working with this firm under a new contract for the next phase of the project. A proposed Professional Services Agreement is attached as Attachment B, and would be attached to and approved by the Resolution, subject to final approval as to form by the City Attorney. ANALYSIS: Each of the three Phase 1 projects includes a work plan composed of two key tasks (see Exhibit 1 of Attachment B for more details): FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 1. Planning, Program / Design and Bid Phase Management This task includes general project management of the projects through the awarding of the bids, including facility assessments, temporary relocation planning, cost estimates, coordination and administration of the bid process and preparation of construction of contracts, value engineering (as necessary), and regular status reports. 2. Construction Administration / Post -Construction and Project Closeout This task includes general construction management duties to oversee construction activities, monitor schedule and budget, coordinate inspections and requests for information, administer change orders and submittals, perform field inspections and evaluations, and provide regular status reports. Post -construction and closeout duties include assisting the preparation of punch - lists, coordination of all closeout items, resolution of any outstanding issues, preparation of final closeout report, and coordination of move -in schedules and plans. The proposed Professional Services Agreement provides that each task will be individually authorized by a specific Notice to Proceed issued by the City. Should the City choose not to issue a Notice to Proceed, choosing, in effect, to terminate the Agreement, the Agreement allows the City to do so and compensate Kitchell for services performed up to the date of termination. Value Enaineerinq The proposed Professional Services Agreement includes up to $63,720 for value engineering at 100% design development as necessary. This task would include written recommendations to the City. Reimbursable Expenses The proposed Professional Services Agreement includes up to $79,497 for reasonable and customary reimbursable expenses submitted separately and approved by the City. Reimbursable expenses may include: project office and equipment, telecommunications, postage, consumables, plans/prints/photos and project -related travel. The cost and/or the time of commute travel will not be charged to the City. Schedule The previously described scope of work is anticipated to begin immediately and take approximately three years and nine months. Below is a summary of the approximate schedule for each project with a more detailed overall schedule available in Exhibit 2 of Attachment B_ Conceptual Design Entitlement Review Schematic Design Design Development Construction Documents Bid/Award Construction Public Safety Center Oct 2015 to Feb 2016 Feb 2016 to Jan 2017 Feb 2016 to Apr 2016 May 2016 to Aug 2016 Aug 2016 to Mar 2017 Mar 2017 to Jun 2017 Jun 2017 to Jun 2019 Fire Station 52 & 57 Oct 2015 to Jan 2016 Jan 2016 to Mar 2016 Jan 2016 to Mar 2016 Mar 2016 to May 2016 May 2016 to Oct 2016 Oct 2016 to Jan 2017 Jan 2017 to Mar 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Consultant Selection In general, once a project is ready for construction, the construction manager role is an essential one to deliver the project on time and budget. During the Strategic Planning phase the Facilities Subcommittee and staff indicated a preference for bringing this expertise into the project at the initial stage, so that the entire process takes place with the constructability and overall success of the end projects in mind. Kitchell is recommended due to their outstanding performance in developing the Essential Facilities Strategic Plan, as well as their experience, including recent construction management of public safety buildings in Marin County, and exceptional references. It should be noted that Kitchell typically estimates the amount of time needed on a project and then only charges for actual time used. The project manager for Kitchell will be Bill Johal who is a Certified Construction Manager (CCM). Mr. Johal has worked in a similar capacity for projects such as: the Central Marin Police Authority Headquarters in Larkspur, the Novato Fire Station No. 64, and the Novato Civic Center City Administration Offices among many other projects. COMMUNITY OUTREACH: During the development of the Essential Facilities Strategic Plan, Kitchell developed a Communications Plan that identifies strategies to enhance engagement and transparency throughout the Essential Facilities project including design and construction. A webpage has been created at www.citvofsanrafael.orq/facilities with information about the projects, including the approved Strategic Plan. To -date, staff has conducted project updates to a variety of community and stakeholder groups including the Federation of San Rafael Neighborhoods, North San Rafael Coalition of Residents, Business Issues Committee, San Rafael Chamber of Commerce Economic Vitality Committee, and multiple updates with the San Rafael Fire Commission. Each project will undergo additional outreach, with neighbors and other stakeholders to review operational and design issues. Opportunities for community participation include workshops as well as public meetings with the Design Review Board, Planning Commission and the City Council. FISCAL IMPACT: The proposed Professional Services Agreement includes all three buildings of the Phase 1 projects and totals $3,171,060 in project and construction management services, up to $63,720 in value -engineering services, and up to $79,497 in reasonable and customary reimbursable expenses for the professional services as detailed in the attached scope of work. These funds will be appropriated from the portion of Measure E General Fund revenues allocated to public safety facilities construction and improvements. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented, approving the Professional Services Agreement; 2. Adopt the resolution with modifications to the Professional Services Agreement, subject to approval by Kitchell; 3. Direct staff to return with more information; 4. Take no action. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pacie: 4 RECOMMENDED ACTION: Adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Kitchell CEM Inc. for project and construction management services for Phase 1 of the Essential Facilities Strategic Plan. ATTACHMENTS: A. Resolution B. Professional Services Agreement with: Exhibit 1 - Scope of.Services and Cost Summary Exhibit 2 - Schedule ATTACHMENT A RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PHASE 1 PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52, AND FIRE STATION 57) OF THE ESSENTIAL FACILITIES STRATEGIC PLAN WHEREAS, in October, 2014, staff issued a Notice Inviting Proposals for Project Management and Pre -Construction Services for an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, Kitchell CEM, Inc. was selected and provided project management and pre - construction services for the development of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, the City is entering into the architectural and design phase of the Essential Facilities project; and WHEREAS, on August 25, 2015, Kitchell CEM was interviewed and selected by the City Council Facilities Subcommittee to perform project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan; and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council an Agreement with Kitchell CEM for their project and construction management services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a Professional Services Agreement, in the form attached hereto, with Kitchell CEM, Inc., for project and construction management services for the Phase 1 projects (Public Safety Center, Fire Station 52 and Fire Station 57) of the Essential Facilities Strategic Plan, subject to final approval as to form by the City Attorney. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby authorize the appropriation of $3,314,277 from General Fund Measure E revenues to fund this Agreement for the corresponding fiscal years of the agreement. I, ESTHER 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 City Council of said City held on Monday, the 21St day of September, 2015 by the following vote, to wit: AYES: NOES: ABSENT: ESTHER C. BEIRNE, City Clerk ATTACHMENT B AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES This Agreement is made and entered into this 1St day of October, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Kitchell CEM Inc., a California Corporation (hereinafter "CONTRACTOR"). RECITALS WHEREAS, in October, 2014, CITY issued a Notice Inviting Proposals for Project Management and Pre -Construction Services for an Essential Facilities Strategic Plan that indicated the potential for future phases under a separate contract; and WHEREAS, CONTRACTOR was selected by CITY to provide, and did provide, project management and pre -construction services for the development of the Essential Facilities Strategic Plan; and WHEREAS, on July 20, 2015, the City Council unanimously approved the Essential Facilities Strategic Plan; and WHEREAS, CONTRACTOR expressed an interest in performing the project management and pre -construction services required for implementation of Phase 1 of the Essential Facilities Strategic Plan, and was interviewed for that project by the City Council's Facilities Subcommittee on August 25, 2015, and WHEREAS, on August 25, 2015, the City Council's Facilities Subcommittee decided to recommend to the full City Council, and the City Council, on September 21, 2015, authorized, entering into a Professional Services Agreement with CONTRACTOR for program, design and construction management services needed to implement Phase 1 of the Essential Facilities Strategic Plan; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant City Manager 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. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Rev. Date: 7/30/15 Agreement for CONTRACTOR. Bill Johal is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as shown in the letter from CONTRACTOR dated September 4, 2015 re "Fee Proposal for Program, Design and Construction Management for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan", attached hereto as Exhibit 1 and incorporated herein by reference. CONTRACTOR shall provide such services consistent with the schedule set forth in Exhibit 2 attached hereto and incorporated herein by reference; provided that regardless of such schedule CONTRACTOR shall not begin work on any "Task" described in Exhibits lfor the three Phase 1 projects unless and until CITY, through its PROJECT MANAGER, serves CONTRACTOR with written "Notice to Proceed" with that Task. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and coordinate with CONTRACTOR regarding key aspects of the project and construction management phases. CITY shall provide CONTRACTOR with a written "Notice to Proceed" when CITY desires CONTRACTOR to begin any individual "Task" described in Exhibit 1 for the three Phase 1 projects; provided, however, that CITY shall not be required to issue a "Notice to Proceed" as to any Task should CITY determine to terminate this Agreement as provided in Paragraph 6 below. 4. COMPENSATION. For the full performance by CONTRACTOR of the "Tasks" described in Exhibit 1, CITY shall pay CONTRACTOR the compensation as set forth in Exhibit 1, specifically, professional services fees of $589,935 for planning, program/design and bid phase management services; $2,581,125 for construction administration and closeout services; and up to $63,720 in value - engineering services; and reasonable and customary reimbursable expenses of up -to an additional $79,497, for a total contract amount not to exceed $3,314,277. "Reasonable and customary reimbursable expenses" shall include, but are not limited to, project office and equipment, telecommunications, postage, consumables, plans/prints/photos and project -related travel, and shall be submitted separately and approved by the City. The cost and/or the time of commute travel shall not be charged to the City. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 3 years, 9 months commencing on October 1, 2015 Rev. date.: 7/30/15 2 and ending on June 30, 2019. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period but not longer than one year. 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. CONTRACTOR shall be entitled to compensation for services performed, in a manner satisfactory to the CITY, up to the date of Termination. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR'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. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR 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. Rev. date: 7/30/15 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR 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 two million dollars ($2,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR'S policies shall be at least as broad as ISO form CG20 01 04 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. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said Rev. date: 7/30/15 4 insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 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 CONTRACTOR'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 CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR 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 CONTRACTOR. 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., CONTRACTOR shall, to the Rev. date: 7/30/15 5 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, CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR'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 CONTRACTOR'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 CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, Rev. date: 7/30/15 6 penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR 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 party. 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: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Assistant City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Kitchell CEM Inc., Attn: Bill Johal 2750 Gateway Oaks Drive, Suite 300 Sacramento, CA 95833 For the purposes, and for the duration, of this Agreement,. CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, 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 CONTRACTOR and the CITY. Rev. date: 7/30/15 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 CONTRACTOR 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. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR 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 / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR 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 CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). Rev. date: 7/30/15 8 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 CONTRACTOR wo JANIES M. SCHUTZ, City Manager Name: Title: ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney Rev. date: 7/30/15 J : 14 R I EXHIBIT 1 September 4, 2015 Jim Schutz Assistant City Manager San Rafael City Hall 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Fee Proposal for Program, Design and Construction Management Services for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan. Dear Mr. Schutz, Thank you for the opportunity to submit a fee proposal for the Program, Design and Construction Management Services for the Phase 1 Projects (Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57) of the Essential Facilities Strategic Plan. On behalf of our entire team, I personally would like to thank you and the members of the Facilities Subcommittee for this opportunity. We are very excited about continuing our relationship with the City on this important project. The following is what we perceive the Scope of Services to be within each phase of the these projects and a fee proposal for the identified tasks is shown below; 1. Planning, Program/Design and Bid Phase Management for Phase 1 Projects: • Develop and Manage Master Schedule o Master Schedule to include Planning, Design, Bid and Award, Construction, and Closeout Phase milestones and all activities necessary to ensure project completion by the City's targeted date o Update Master Schedule during all Project phases • Develop and Manage Master Budget and Cost Control Information o Master Budget to cover all phase of the Project o Update Master Budget over all phases • Assist City in Facilities Assessment o Review existing utility and site constraints o Assist in temporary relocation planning o Assist in determining Project property needs • Assist City in Local Entitlement, Design Review Committee and Permitting Processes o Assist City in obtaining CEQA approval and integrating CEQA requirements into the bid documents o Meet with City planning and building department staff as required o Prepare Project applications o Monitor City approval process • Provide advice regarding Project Construction Phasing approaches with Schedule and Budget impacts • Monitor and Update Project Budgets and Schedules • Oversee Architect and Sub consultants • Provide a Cost Estimates at 100% Design Development. Upon review of the AE's 100% Design Development estimate, provide an estimate reconciliation and provide written recommendations to the City. • Perform Constructability at 50% or 75% Construction Documents and back -check at 100% Construction Documents and provide written recommendations to the City and Design Team. • Perform Value Engineering at 100% Design Development and provide written recommendations to the City (if necessary). This item is not included in the total cost and is an additional service. It can be added into the contract via amendment if any or all of the Phase 1 projects experience budget overruns. Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com 0 1 j h 01 : 14 R I EXHIBIT • Review and Assess Life Cycle Costs • Coordinate Project with Utility Companies • Coordinating Construction Documents including plans and specifications, bid documents, construction contracts, general and special conditions • Administer Bid Process for the Construction Phase of each respective project listed • Stimulate Bid Interest • Assist in Preparing Bid Documents o Identify specific construction site boundaries, access, fencing, work hours, contractor conduct requirements, and security requirements in the bidding documents. o Manage the process for the assembly, reproduction and distribution of the bid documents to prospective bidders o Clarify scope of each trade o Develop a Master Bid/ Award Schedule including construction milestones o Assist the City and the Architect in the modification of or addition of special or general conditions for Contract(s) that might be needed for unique Project or bid package conditions • Prepare and oversee the General Contractor Pre -qualification process • Conduct Pre-bid and Pre -construction Meetings • Conduct Bid Openings • Prepare Bid Analyses and Assist City in Tabulating Bids Received o Review bids for compliance with bidding requirements o Verify contractor license status, check references o Make recommendations to City for award of contracts or rejection of bids • Conduct Pre -Award Conference with Successful Bidder • Assist City in preparing Construction Contracts for execution • Provide Quarterly Program and Project Status Reports throughout every phase of the project. Report to include overall status or each project, program and project budget and schedule updates, issues update and progress photographs. 2. Construction Administration for Phase 1 Projects: • Develop a Construction Management Plan with City, Architect, and Contractors to clearly define roles and responsibilities during construction • Conduct a Pre -Construction Conference with the Contractor and major trade subcontractor to review Project reporting procedures and rules and safety protocol • Provide full-time on site staff for Administration of the Construction Contract(s) • Review Contractor's Construction Schedules for conformity with the requirements of the Contract and conformity with the Master Schedule. o Ensure that Contractors provide detailed construction schedules, including activity sequences and durations, submittal schedule, or procurement schedule for products that require long lead- time • Monitor Contractors' Contract Compliance • Identify Variances between actual or forecasted cost and budgeted costs and each Construction Contract o Advise the City whenever projected costs exceed budgets or estimates • Conduct Regular Construction Meetings with the Contractor(s) to discuss and resolve such matters as progress, quality, and scheduling. o Prepare and promptly distribute minutes • Establish Notification Procedures for any Utility Shutdowns that impact the progress of the work • Coordinate the Testing and Inspection of the Project o Review test reports and make recommendations as necessary o Schedule City and special inspections • Produce Monthly Cost Reports to monitor the current and project final costs of the project. o Prepare cash flow projections as needed • Administer Change Orders o Review Contractor requests for changes Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com 131,k4h J; 14 q q EXHIBIT 1 o Determine cause of the request o Assemble and evaluate information concerning the request o Provided a written analysis of the Change Order Administer Submittals and shop drawing logs • Coordinate, review and Manage Requests for Information (RFI) Produce Weekly Management Report Summary defining the progress of the work including change orders, RFI's, submittals, schedule and potential claims. Produce a more detailed monthly report of the same items Administer Contractor Payment Applications o Development and implement procedures for review and processing Contractor's applications for payment o Review payment applications and documentation • Oversee Dispute Resolution Process Perform Quality Control of Contractor work Perform Field inspection to evaluate work in progress to confirm that it conforms to the contract documents and make daily observations of weather, number of workers, work accomplishes, problems encountered, and other relevant data. Take digital photographs of project site • Keep local Government Agencies informed of the progress of the project as required. • Monitor the Contractors' Safety Program Keep copies of all Project documents for delivery to the City upon Project completion 3. Post Construction /Project Closeout for Phase 1 Projects: • Observe, with City's maintenance personnel, the Contractor's checkouts of utilities, operational systems and equipment, and start-up and testing • Prepare in conjunction with the Architect and City all punch -lists. Monitor the completion of the punch - lists by the contractors Determine, with the Architect and City, when the facility or designated portions are substantially complete • Coordinate and receive all close-out items including as -built drawings, operation and maintenance manuals, and warranties from contractors & manufacturers as required and coordinate with property/facilities management staff Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project. • Prepare a final close out report with recommendation as to final payment, notice of completion, and file system for retrieval of closeout documentation Assist with obtaining occupancy permit. Assist with commissioning the building and owner training Transmit Project documents to the City after final close-out tasks are complete. Assist City in developing and implementing transition and move-out/move-in schedules and plans The fee to provide the above scope of services for the Program, Design and Construction Management Services for the Phase 1 Projects is as follows; 1. Planning, Program/Design and Bid Phase Management for Phase 1 Projects: $ 589,935 2. Construction Administration and Closeout for Phase 1 Projects: $ 2,581,125 $ 3,171,060 The proposed fee utilizes the level of staff and the designated number of hours for the respective staff member during each Task identified on the attached Staffing Fee Timeline. Reasonable and customary reimbursable expenses would be submitted separately to the above costs. Reimbursable expenses may include; Project Office and equipment, Telecommunications, Postage, Consumables, Plans/Prints/Photos and Project -related travel. Please note that the above fee does not include any staff time for the Phase 2 projects. As the exact scope of the Phase 2 projects (Renovations at Station 54 and 55, Maintenance at Station 56 and the Repurposing of City Hall) are not yet completely defined due to budget constraints, a second fee proposal for Kitchell CEIVI 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com 131 " I h 41 J; 14 R I EXHIBIT 1 the Program, Design and Construction Management Services for the Phase 2 projects will be submitted separately at a later date. In additional, Kitchell would highly recommend that the following Engineering and Architectural Support Services be added to the Planning, Program/Design and Bid Phase Management scope for the Public Safety Center/Fire Station 51, Fire Station 52/Fire Training Center and the Fire Station 57 projects should any or all of the projects experience budget overruns. This item can be added into the contract via amendment. The additional cost for this service is as follows; • Design Development (DD) Phase Value Engineering (if necessary): $ 63,720 In preparing this fee we assume a contract start date for the Planning, Program/Design and Bid Phase Management scope of services of October 2015 and a completion date of April 2019 for the construction of the Phase 1 projects. Thank you for the opportunity to provide these services. Our resources are in place and we are ready to commence with this work. If you have any questions, please do not hesitate to contact me at this office. Sincerely, Bil al Project (rector Kitchell CEM 2750 Gateway Oaks Drive I Suite 300 1 Sacramento, California 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com EXHIBIT 1 CIN of S— R,f,,l Es—UNI Fatifitle, PM/CM S,mim, SUMM Fee n—ll- f,, Pmg,,, M—pm— and Canstre.tlan M."g—W for the ph.. I P-1— P.N1, S,fty ,d Fire SUU., 52, F,,. Sutl- 52 and R, T,,WM and R,, SWI -5) D -d. An- 1— 2015 rvne..w•woP.+.r•. �na.+srn....eo ,u Fu ® w rn.,.x. ® . ... ... ... ... ... ... ... ID Task Name IDuration (Start 1 FIRE STATIONS 52 AND 57 128.2 wks Mon 10/5/15 2 Kick-off meeting, Station 1 wk Mon 10/5/15 Tours 3 Conceptual Design 14 Wks Mon 10/12/15 9 Entitlement Review 8 Wks Mon 1/18/16 10 Schematic Design 8 Wks Tue 1/19/16 15 Design Development 9 Wks Tue 3/15/16 22 Construction 20 Wks Tue 5/17/16 Documents 31 Bid/Award 80 days Tue 10/4/16 34 Construction 60 Wks Tue 1/24/17 35 36 NEW PUBLIC SAFETY 960 days Mon 10/5/15 CENTER 37 Conceptual Design 18 Wks Mon 10/5/15 38 Entitlements (IF EIR) 12 mons Mon 2/8/16 39 Schematic Design and 12 Wks Mon 2/8/16 Cost Estimate (Concurrent with Entitlements) 40 Design Development 14 Wks Mon 5/2/16 and Estimate with Reconciliation 41 Construction 16 Wks Mon 8/8/16 Documents 42 Plan Check 8 Wks Mon 11/28/1.6 43 Address Plan Check 6 Wks Mon 1/23/17 Comments/final Recheck 44 Prepare Bid documents 2 Wks Mon 3/6/17 45 Bid/Award 12 Wks Mon 3/20/17 46 Construction 104 Wks Mon 6/1.2/17 EXHIBIT 2 City of San Rafael PSC, Fire Stations 52 and 57 Design Schedule Draft 09.09.2015 Q4'14I Q1'15I Q2'15I Q3'15 Q4'15 Q1'16 Q2'16I Q3'16 Q4'16 Q1'17Q2'17Q3'17 Q4'17 0.1'18 Q2'18 Q3'18Q4'18 Q1'19 Q2'19 FIRE STATIONS 52 AND 5 . . . . . . . . . . 105 KickKick-o�g, Station Tours -- -- Conceptual Design 1/15 Entitlem m Review - 3 11 Scherua cDesign -- 3/14 Des grl Development -_ S/16 — Cunl;truction Documents 10/3 Construction 3/15 I NEW PUBLIC SAFETY CENTS' ... „ , ........ ., , ...... ,„ „ , ............ ... ... „ , ....... . Conceptual Des%n 2/5 -- - — Entitlements (IF EIR)------- -- 1/6 �— 4/29 ISchematic Design and Cost Estimate (Concurrent with Entitlements) 8/5 wwmwmo� Design Development and Estimate with Reconciliation Construction Documents jww 11/25 Plan Check �1/ ddress Plan Check Comments/final Recheck r• Prepare Bid documenU Page 1 Bid/Award UWdI Constructlon 64 Exhibit A — MMA Additional Scope Items totaling $274,245 Each additional scope item and its cost are detailed below. The specific sites affected are shown in parenthesis. Site Revisions at Station 57: In order to avoid wetland mitigation issues and potential CEQA delays the design team redesigned the site layout to develop a solution that avoided the wetlands. This required a new grading and drainage plan and new lease exhibit survey. Fee - $12,555 (Station 57) Early Demolition Desiqn Drawinqs: In an effort to reduce the risk to the building contractor for unforeseen site conditions and delays, the City elected to separate the demolition project from the main building project at all three project sites. MMA provided a fee proposal for these added sets of construction documents and included credits back for the demolition work planned in the original scope of work. The added scope includes a new site topographic survey to document the new site conditions at each site and support during a separate construction phase. Fee - $98,150 (Station 52, Station 57, and Public Safety Center) Value Enaineerinq: The City elected to participate in a Value Engineer exercise to evaluate the systems selections that were made in the early stages of the design and find areas of the building design that could be engineered more cost effectively with a mitigated impact to the project goals. The VE reductions approximated $1 M in savings. Fee - $130,240 (Public Safety Center) The Temporary Site for the Fire Station 51: The program requirements for the site changed and a new site plan was done in April of 2017. Fee - $4,600 (Station 51) Savinqs by Design: the City Sustainability Office working with PG&E had identified that the Phase I projects would be eligible for rebates through the "Savings by Design" program. This fee proposal is for the time required to prepare the design documents that are required for the rebate application and follow-up with PG&E to develop the maximum rebate possible. Fee - $13,200 (Station 52, Station 57, and Public Safety Center) PG&E main service chanqe: The civil engineer was required to re -design the site improvement plan. The change in direction from PG&E results in less off-site work for the City and will save $40 to $50K in trenching and repaving cost. Fee - $5,500 (Station 51) Re-evaluate the structural system at the PSC: The PSC was designed as a concrete block building at all three floors. MMA was asked to evaluate lightening the building by using stud wall construction above the basement level. The reduced weight of the building has the added benefit of allowing the foundation to be simpler and more cost effective. This change will generate significant cost savings and the new structural system will be incorporated into the final design. Fee - $10,000 (Public Safety Center) Exhibit B — Kitchell Additional Scope Items totaling $237,475 Each additional scope item and its cost are detailed below. The specific sites affected are shown in parenthesis. Bid Phase for Early Demolition Proiects The decision to separate the hazardous material abatement and demolition from the construction contract was approved by the Facilities Sub -committee FSC) on April 15, 2016. Kitchell was required to manage the development of multiple bid packages including reviewing the work product of Mary McGrath Architects (MMA) the design firm contracted to produce the Essential Facilities design work, developing multiple specification sets and estimates, providing marketing materials and providing contractor outreach efforts, in order to contract for and award multiple projects where only a single project was originally contemplated. Fee - $48,800 (Station 52, Station 57, and Public Safety Center) Extended Preconstruction Phase Manaqement for Public Safetv Center Proiect: The Kitchell staffing fee proposal included in the original contract dated October 1, 2015 had Programming/Design and Bid Phase Management for the Phase 1 projects from October 2016 through to January 2017. The PSC design schedule was extended during the conceptual and schematic design phases due to numerous design iterations, DRB and PC comments, extended CEQA process and to incorporate the Value Engineering cost saving ideas into the design. The current timeline to complete the Public Safety Center Pre -Construction activities is Fall 2017. Fee - $139,160 (Public Safety Center) Splittinq the Bid Phase for the Early Demolition of Public Safetv Center The change proposal approved by the FSC on April 15, 2016 for early hazardous material abatement and demolition contemplated bidding all three demolition projects together as one bid package. The demolition contract was to be a phased project with actual demolition work for Fire Stations 52 and 57 to be first and Fire Station 51 and the Blue House to be second. The FSC approved the separation of the bid phases for Fire Stations 52 and 57 from Fire Station 51 and the Blue House to ensure that the design changes needed for the PSC did not cause a delay to the demolition contractor and to incorporate "deconstruction" at the PSC and the Blue House as an add alternate into the demolition scope. Deconstruction of these early 20th century building will allow materials to be salvaged for use in other older buildings and pass on the legacy of these two old San Rafael buildings. Fee - $51,515 (Public Safety Center) Exhibit C - Detailed breakdown of Strategic Plan budget vs. actual and proposed allocation of funds The Strategic Plan approved by City Council on July 20, 2015 is shown on line one (Strategic Plan Project Estimates). The total includes assumed contract amounts for both firms as well as a contingency amount of $515,658. Line two (Original Contract Amount (not to exceed)) shows the actual award amount to each firm. No contingency was allocated to either contract at that time leaving an unallocated balance of $1,297,396. Line three (Additional scope items previously vetted by Facilities Sub -Committee) shows the dollar amount for change orders presented in Exhibits A and B of the Staff Report. Line four (Additional Contingency Requested) shows the additional $75,000 contingency available to be allocated to MMA for potential sub -contractor change orders associated with the PSC redesign. Note: These funds will only be allocated by the City Manager after the Facilities Sub -Committee reviews the potential additional requested scope of work for reasonableness. Line five (Proposed Contract Amendment Amount) shows the total potential additional requested scope of work Line six (Revised Not To Exceed Amount) shows the new contract totals for both firms and includes the unallocated additional contingency to MMA. The total remaining balance ($9,956,805 less $9,246,129) of $710,676 remains unallocated for potential future needs. Proposed Contract Amendment Summary Mary McGrath Architects and Kitchell Phase I - PSC, FS 52 & 57 Mary McGrath Kitchell TOTAL Architects (Strategic Plan Project Estimates $ 6,845,896 $ 3,110,909 $ 9,956,805 (Original Contract Amount (Not to Exceed) $ 5,345,132 $ 3,314,277 $ 8,659,409 (Additional scope items previously vetted by Fac Sub $ 274,245 $ 237,475 $ 511,720 (Additional Contingency Requested $ 75,000 $ - $ 75,0001 Proposed Contract Amendment Amount $ 349,245 $ 237,475 n/a (Revised Not To Exceed Contract Amount $ 5,694,377 $ 3,551,752 $ 9,246,129 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:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 5/15/2017 From: Bill Guerin Department: Public Works Date: 5/9/2017 Topic: Authorizing the City Manager to Allocate Design Contingencies Subject: 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 TO AMEND THE PROFESSIONAL SERVICES AGREEMENTS WITH MARY MCGRATH ARCHITECTS (MMA) AND KITCHELL CEM INC. FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION #52 AND THE FIRE STATION #57); AND AUTHORIZING THE CITY MANAGER ADDITIONALLY TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MMA NOT TO EXCEED $75,000, IF AND AS NEEDED. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: Staff Report APPROVALS ® Finance Director Remarks: MM - approved 5/9/17 ® City Attorney Remarks: LG -Approved 5/9/17 ® Author, review and accept City Attorney / Finance changes Remarks: F City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: