HomeMy WebLinkAboutPW Essential Facilities Consultants Contract AmendmentsAgenda Item No: 4.h
Meeting Date: January 22, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Department of Public Works
Prepared by: Bill Guerin,
Director, Public Works
City Manager Approval:
TOPIC: ESSENTIAL FACILITIES CONSULTANTS CONTRACT AMENDMENTS
SUBJECT: RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN
CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL
FACILITIES STRATEGIC PLAN BUDGET AND TO AMEND THE
PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH
ARCHITECTS (MMA), AND WITH KITCHELL CEM, INC. (KITCHELL) FOR
ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES
PROJECTS (PUBLIC SAFETY CENTER, FIRE STATION 52 AND FIRE
STATION 57).
RECOMMENDATION:
Adopt the following resolutions relating to the Essential Facilities Strategic Plan:
1.Resolution Authorizing the City Manager to Execute an Amendment to the Agreement
with Mary McGrath Architects (“MMA”) for Extended Architectural and Engineering
(“A/E”) Services in Construction, Increasing the Agreement Amount by $60,324, for a
Total Amount Not to Exceed $5,754,701.
2.Resolution Authorizing the City Manager to Execute an Amendment to the Agreement
with Kitchell CEM, Inc. (“Kitchell”) for Extended Construction Management Services,
Increasing the Agreement Amount by $49,980 for a Total Amount Not to Exceed
$3,601,732.
BACKGROUND:
Measure E, passed on November 5, 2013, extends the existing one-half percent local sales tax
and increases the rate by one-quarter percent to provide funding that cannot be taken by the
State, and can be used to preserve essential city services. On July 20, 2015, the City of San
Rafael approved an Essential Facilities Strategic Plan, which included a total budget of
$9,956,805 for design phase consulting services (design services for MMA and project
management and pre-construction services for Kitchell) for the three Phase I projects (Public
Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57)). Within this overall budget,
there was a line item budgeted amount for design contingency of $515,658.
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-582 (McGrath) & 4-3-583 (Kitchell)
Council Meeting: 01/22/2019
Disposition: Resolution 14623 & 14624
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
On September 21, 2015, the City of San Rafael executed professional services agreements with
MMA to provide design services for the Phase 1 Essential Facilities projects in the amount of
$5,345,132, and with Kitchell to provide project management and pre-construction services for
the Phase 1 Essential Facilities projects in the amount of $3,314,277, for a total of $8,659,409.
Since the final negotiated contract amount came in lower than the Strategic Plan identified, this
resulted in an unallocated project savings of $1,297,396.
On May 15, 2017, the City Council authorized the City Manager to allocate design contingencies
previously approved in the Essential Facilities strategic plan budget to amend the professional
services agreements with MMA and Kitchell for additional services related to the Essential
Facilities Projects. Upon completion of the amendment, the total contract value of the MMA
contract became $5,694,377 and the total contract amount for Kitchell became $3,551,752. The
total balance of project savings that remained unallocated after amendments to MMA and
Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129) was $710,676.
ANALYSIS:
The original contract with our consultants envisioned completing all three essential facilities
projects as a single project. During design, the Public Safety Center project was separated and
developed as a separate construction contract. The two fire station projects (52 and 57) were
awarded on June 5, 2017 as a single construction contract. Subsequently, the Public Safety
Center project was awarded on February 5, 2018. During the construction phase at FS 57,
unforeseen site conditions were discovered while deep utility excavation activities were
performed as part of the new building foundation work. This caused the project completion date
to be extended (anticipated March 2019 for Station 52 and May 2019 for Station 57).
Due to this time extension of the construction completion for the single construction contract for
Stations 52 and 57, the original design contracts with our consultant Mary McGrath Architects
and project manager Kitchell need to be amended to extend their services through project
completion. MMA is continuing to answer questions, respond to change-order requests and
attend weekly site meetings with the City project team and the construction contractor, and must
be available through the duration of the construction contract. Kitchell has staff on-site and
must continue to manage the construction project until the completion of both stations.
Staff proposes that the contracts for MMA and Kitchell be amended and a portion of the
previously unallocated contingency budget be allocated to fund the needed scope and time
extension, specifically an additional $60,324 to the MMA contract and an additional $49,980 to
the Kitchell contract to extend the construction administration and project management services
required to complete the Fire Station 52 and 57 projects.
The Public Safety Center project was awarded on February 5, 2018. The construction duration
of the Public Safety Center is approximately two years. The Public Safety Center construction
is anticipated to be completed in the spring of 2020.
The original design and project/construction management contracts are scheduled to terminate
in June 2019 and included an option to extend the contracts for one additional year. As stated
above, the Public Safety Center was separated from the Fire Stations and developed as a
separate contract. This anticipated completion date would require the City to extend the term of
the professional services agreements with MMA and Kitchell to complete the Public Safety
Center project. Therefore, Staff also recommends extending the term of both Agreements by
one year to terminate on June 30, 2020.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
Upon execution of the proposed amendment, the total value of the MMA contract will be
$5,754,701 ($5,694,377+$60,324) and the total value of the Kitchell contract will be $3,601,732
($3,551,752+$49,980). Sufficient funds are available in the total balance of project savings
described above. In addition, on December 3, 2018, the City Council approved an amendment
to the lease agreement with the County of Marin/CSA 19 for Station 57 which has provided up
to an additional $655,500 to the project.
OPTIONS:
•Adopt the resolutions as presented.
•Direct staff to modify the resolution(s).
RECOMMENDATION:
1.Adopt the attached Resolution to amend MMA’s contract.
2.Adopt the attached Resolution to amend Kitchell’s contract.
ATTACHMENTS:
1.Resolution of the City Council of the City of San Rafael authorizing the City Manager to
allocate design contingencies previously approved in the Essential Facilities Strategic
Plan budget and to amend the professional services agreement with Mary McGrath
Architects, Inc. for additional services related to Phase 1 Essential Facilities Projects
(Fire Station 52 and the Fire Station 57), as necessary, in an additional amount not to
exceed $60,324.
2.Resolution of the City Council of the City of San Rafael authorizing the City Manager to
allocate design contingencies previously approved in the Essential Facilities Strategic
Plan budget and to amend the professional services agreement with Kitchell CEM, Inc.
for additional services related to Phase 1 Essential Facilities Projects (Fire Station #52
and the Fire Station #57), as necessary, in an amount not to exceed $49,980.
RESOLUTION NO. 14623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN
CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL FACILITIES
STRATEGIC PLAN BUDGET AND TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS (MMA) FOR
ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES
PROJECTS (FIRE STATION 52 AND FIRE STATION 57) AS NECESSARY FOR
ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $60,324.
WHEREAS, in November 2013, the local voters passed Measure E, a three-quarter cent
transactions and use tax with a term of twenty years. This tax supplanted the former, one-half
cent transactions and use tax (Measure S), effective April 1, 2014; and
WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities
Strategic Plan, which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57))
of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on September 21, 2015, the City Council authorized the City Manager to
execute, on behalf of the City of San Rafael, Professional Services Agreements with Mary
McGrath Architects (“MMA”) for architectural and design, bidding, and construction administration
services and with Kitchell CEM, Inc. (“Kitchell”) for project management and pre -construction
services for the Phase 1 projects; and
WHEREAS, the negotiated contract amounts for the MMA and Kitchell agreements were
less than the amount budgeted for them in the Essential Facilities Strategic Plan, resulting in an
unallocated project savings of $1,297,396; and
WHEREAS, the professional services agreement was approved and executed with MMA
to provide design, bidding, and construction administration services for the Phase 1 Essential
Facilities projects in the amount of $5,345,132; and
WHEREAS, on May 15, 2017 the City Council authorized the City Manager to allocate
design contingencies previously approved in the Essential Facilities strategic plan budget to
amend the professional services agreement with MMA. Upon completion of the amendment, the
total contract value of the MMA contract became $5,694,377; and
WHEREAS, the total balance of project savings that remained unallocated after
amendments to MMA’s and Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129)
was $710,676; and
WHEREAS, during the construction phase at FS 57, unforeseen conditions were
discovered during deep utility excavation activities to prepare for the new building foundation; this
unforeseen and unavoidable condition delayed the contractor and extended the Fire Station
project completion date; and has resulted in a need for additional services by MMA; and
WHEREAS, the overall Phase 1 project completion date is anticipated to extend beyond
the June 30, 2019 termination date of the MMA agreement into 2020;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
2
1.The City Manager is hereby authorized to allocate available design contingency
funds and to execute an amendment, in a form to be approved by the City
Attorney, to the Professional Services Agreement with Mary McGrath
Architects, for necessary additional services in the amount of $60,324, for a
total not-to-exceed contract amount of $5,754,701, and to exercise the original
contract option to extend the term of the Agreement through June 30, 2020.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Tuesday, the 22th day of January 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH MARY MCGRATH ARCHITECTS FOR ADDITIONAL SERVICES
RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS
(FIRE STATION 52 AND FIRE STATION 57)
THIS SECOND AMENDMENT to Professional Services Agreement is made and
entered into this ZZ day of 36,10kA& tl , 2019, by and between the CITY OF SAN
RAFAEL (hereinafter "CITY"), and MARY McGRATH ARCHITECTS, a California
Corporation, (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on July 20, 2015, the CITY approved an Essential Facilities Strategic Plan,
which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57))
of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on September 21, 2015, the City Council authorized the City Manager to
execute, on behalf of the City of San Rafael, Professional Services Agreements with
CONTRACTOR for architectural and design, bidding, and construction administration services
for the Phase 1 projects; and
WHEREAS, on October 1, 2015, in furtherance of the Essential Facilities Strategic Plan,
the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services
for Architectural and Design, Bidding, and Construction Administration Services" on the Phase 1
Essential Facilities projects, in the amount of $5,345,132 (the "Agreement"); and
WHEREAS, on May 15, 2017 the City Council authorized the City Manager to allocate
design contingencies previously approved in the Essential Facilities strategic plan budget to
amend the Agreement. Upon completion of the amendment, the total contract value of the
Agreement became $5,694,377; and
WHEREAS, during the construction phase at FS 57, unforeseen conditions were
discovered during deep utility excavation activities to prepare for the new building foundation;
this unforeseen and unavoidable condition delayed CONTRACTOR and extended the Fire
Station project completion date; and has resulted in a need for additional services by
�dIVAL
CONTRACTOR; and
WHEREAS, by Resolution No. 14623, adopted on January 22, 2019, the San Rafael City
Council approved an amendment to the Agreement to provide for the additional required
services, to be funded by a portion of the available design contingency funds;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby
amended to additionally include the services described in CONTRACTOR's proposal letter
dated January 10, 2019, attached hereto as Exhibit A, and incorporated herein by reference.
2. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to
include an additional amount of compensation to CONTRACTOR in the sum of up to $60,324,
for additional services to be performed pursuant to this Second Amendment as described in
Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount
of $5,754,701.
3. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby
amended to extend the term of the Agreement for an additional 12 months, ending on June 30,
2020.
4. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be in force after
this amendment.
2
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Professional
Services Agreement as of the day, month and year first above written.
CITY OF SAN RAFAEL
I 0�w
J TZ i
ty Manager
ATTEST:
--�2r ��
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
L'--akm"� - 2PE
ROBERT F. EPSTElT,4 CityAtt rney
CONTRACTOR
By: ' L
Name: r
Title:
[If Contractor is a corporation, add signature of second
corporate officer]
By:
Name:%
Title:
® Exhibit A
January 10, 2019
Ms. Cristine Alilovich
Assistant City Manager
City of San Rafael
1400 Fifth Avenue, Room 203
San Rafael, CA 94915-1560
Dear Cristine,
During the period of soil evaluation and mitigation at Station 57, MMA continued to
provide services relating to the general course of construction for Fire Station 57, including:
1. Responding to contractor questions; Participating in weekly on-site construction
meetings (vs bi-weekly per MMA's Contract) and reviewing items related to
construction progress; Coordinating subconsultant review of submittals and field
questions. The soil contamination extended the contract completion date resulting
three months of additional CA services: $25,800
Additional tasks that MMA performed related to the soils mitigation at Station 57 included:
1 . Research records related to fuel spill data; Coordinating with City staff related to site
research; Participated in multiple conference calls and special on-site meetings to
discuss alternatives for moving the project forward:
Three special site meetings, two meetings with City staff and two days of record
research: $13,800
2. Researched multiple options for redesign of the storm drain system to avoid the
contaminated area, including relocating the fire station;
Redesign effort by MMA and Sandis: $ 7,800
3. Researched and implemented a re -design of the electrical service from the sub-
surface transformer to a pad mounted transformer to avoid the deep trenches
necessary to install the sub -grade transformer; Created multiple exhibits for review
and approval by the City and subsequent contract document exhibits. MMA and
Thoma Electric redesign effort: $12,924
This results in a total add service request of $60,324.
Please let me know if you have any questions.
Thank you
V
Mary McGrath, AIA
President
1212 OkOADWAY. 5UITE 401 v OAKLAND. CALIFORNIA 94612 0 O 510 208 9400 0 WWW MARYMCGRATHARCHITECTS COM
EXHIBIT A
2
3
4
5
6
7
9
10
II
P� RAF,q�
4l
ci �•,
ry w'�rK w`r`
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER
Contracting Department: DPW _
Project Manager: Faby Guillen _
Extension: 3435
Project Name: Essential Facilities FS 52 & 57 MMA Amendment
Contractor's Contact: Mary McGrath Architects
Contact's Email: Fabv Guillen
RESPONSIBLE
DEPARTMENT
DESCRIPTION
a. Email PINS Introductory Notice to Contractor
b. Email Contract (in Word) & attachments to City Attorney c/o
Project Manager
Laraine.Gittens@cityofsanrafael.org
cityofsanrafael.org
a Review, revise and comment on draft agreement and return to Project
Manager
b. Confirm insurance requirements, create Job on PINS, send PINS
City Attorney
insurance notice to contractor.
Approval of final agreement form to send to contractor. (Provide Dept.
epartment Director
Director Financial Summar), ir/Agreeutenr)
Forward three (3) originals of final agreement to contractor for their
Project Manager
signature.
When necessary, contractor -signed agreement agendized for Council
approval
Citi- Council approval required fru• Pro fessional Services Agreements and
Purchases oJ'goodc and senlces that exceed 575,000 andfin- Public Works
Project Manager
Contracts that exceed S175,000 (E)terdwe oJ'Council ,fleeting)
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreement to City Attorney with printed copy of thi
Project Manager
routing form
City Attorney
Review and approve hard copy of signed agreement
Review and approve insurance in PINS, and bonds (for public works
�-3 -52)2,
COMPLETED DATE I REVIEWER (Initial
1/31/2019 FG
2/5/2019 LG
Attorney contracts) /
City
ger/Mayor Agreement executed by Council authorized official
Attest signatures, retains original agreement and forwards copies to project Z I -15 l
y Clerk manager
:t Manager I Forward Final Copy to Contractor i
RESOLUTION NO. 14624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN
CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL FACILITIES
STRATEGIC PLAN BUDGET AND TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT WITH KITCHELL CEM, INC. (KITCHELL) FOR
ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES
PROJECTS (FIRE STATION 52 AND FIRE STATION 57) AS NECESSARY FOR
ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $49,980.
WHEREAS, in November 2013, the local voters passed Measure E, a three-quarter cent
transactions and use tax with a term of twenty years. This tax supplanted the former, one-half
cent transactions and use tax (Measure S), effective April 1, 2014; and
WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities
Strategic Plan, which included a total budget of $9,956,805 for design phase services for the
three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57))
of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item
budgeted amount for design contingency of $515,658; and
WHEREAS, on September 21, 2015, the City Council authorized the City Manager to
execute, on behalf of the City of San Rafael, Professional Services Agreements with Kitchell CEM,
Inc. (“Kitchell”) for project management and pre-construction services and with Mary McGrath
Architects (“MMA”) for architectural and design, bidding and construction administration services,
for the Phase 1 projects; and
WHEREAS, the negotiated contract amounts for the MMA and Kitchell agreements were
less than the amount budgeted for them in the Essential Facilities Strategic Plan, resulting in an
unallocated project savings of $1,297,396; and
WHEREAS, the professional services agreement was approved and executed with
Kitchell to provide project management and pre-construction services for the Phase 1 Essential
Facilities projects in the amount of $3,314,277; and
WHEREAS, on May 15, 2017 the City Council authorized the City Manager to allocate
design contingencies previously approved in the Essential Facilities strategic plan budget to
amend the professional services agreement with Kitchell. The total cost of the additional scope
for Kitchell was $237,475. After execution of the amendment, the total contract amount for Kitchell
was $3,551,752; and
WHEREAS, the total balance of project savings that remained unallocated after
amendments to MMA’s and Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129)
was $710,676; and
WHEREAS, during the construction phase at FS 57, unforeseen conditions were
discovered during deep utility excavation activities to prepare for the new building foundation; this
unforeseen and unavoidable condition delayed the contractor and extended the Fire Station
project completion date; and has resulted in a need for additional services by Kitchell; and
WHEREAS, the overall Phase 1 project completion date is anticipated to extend beyond
the June 30, 2019 termination date of the Kitchell agreement into 2020;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
2
1.The City Manager is hereby authorized to allocate available design contingency
funds and to execute an amendment, in a form to be approved by the City
Attorney, to the Professional Services Agreement with Kitchell CEM, Inc., for
necessary additional services in the amount of $49,980, for a total not-to-
exceed amount of $3,601,732, and to exercise the original contract option to
extend the term of the Agreement through June 30, 2020.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City
held on Tuesday, the 22th day of January 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: McCullough
______________________________
LINDSAY LARA, City Clerk
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
KITCHELL CEM INC. FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES
THIS SECOND AMENDMENT to "Agreement for Professional Services for Project and
Construction Management Services" is made and entered into this _2_tp_ day of 20 10, and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KITCHELL CEM INC., a California
Corporation, (hereinafter "CONTRACTOR").
WHEREAS, on October 1, 2015, the CITY and CONTRACTOR entered into an "Agreement
for Professional Services for Project and Construction Management Services" (the "Agreement")
pursuant to which CONTRACTOR would provide specified project and construction management
services for the Phase I projects (new Fire Stations 52 and 57 and new Public Safety Center) of the
CITY'S Essential Facilities Strategic Plan; and
WHEREAS, the CITY'S general contractor, Alten Construction, Inc., ("CITY'S General
Contractor") is in the process of constructing the Phase 1 projects; and
WHEREAS, on June 29, 2017, the CITY entered into an amendment to the Agreement to
include additional services and compensation ("First Amendment"); and
WHEREAS, CITY and CONTRACTOR now desire to further amend the Agreement to modify
the staffing plan for CONTRACTOR'S remaining services in connection with the Phase I projects;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR", as amended by the
First Amendment, is hereby further amended to modify CONTRACTOR'S services and staffing as
described in CONTRACTOR'S letter to CITY dated June 21, 2018, attached as EXHIBIT A to this
Second Amendment.
2. Section 4 of the Agreement, entitled "COMPENSATION", remains unchanged by the
Amendment.
3. Pursuant to a meeting held on April 17, 2018 between the CITY and CONTRACTOR,
notes of which are attached as EXHIBIT B to this Second Amendment, EXHIBIT 1 of the Agreement is
hereby amended to eliminate fi•orn the Scope of Services CONTRACTOR'S reconciliation of Phase 1
project costs with the CITY "General Ledger" (hereinafter "GL"); and to provide that CONTRACTOR
shall maintain an invoice log of all invoices sent to CONTRACTOR for the use of the CITY in
reconciling GL with Phase I project expenses, and CONTRACTOR shall be permitted to rely on Cost
Reports produced by the CITY for the purposes of updating the Phase 1 project budgets.
4. "Perform Quality Control of Contractor Work" from Section 2 of EXHIBIT 1 of the
Agreement ("Construction Administration for Phase 1 Projects") is hereby amended to define Quality
Control as administration of the Construction Contract for Phase 1 work specific to ensuring pre-
installation conferences are held; and to provide that CONTRACTOR shall perform periodic site
observations for general conformance with the Construction Documents and shall be permitted to rely on
third party Inspector of Record reports and Special Inspections for more detailed quality reports. The
Parties agree that CITY'S General Contractor remains in the best position to perform Quality Control
6Ra�li�AL
of their work, and the work of their subcontractors.
5. "Schedule City and special inspections" from Section 2 of EXHIBIT 1 of the Agreement
is hereby amended to read "Schedule special inspections upon receipt of inspection request from CITY'S
General Contractor. CITY'S General Contractor, as required by the terms of the Construction
Permit, is required to schedule inspections with the City Inspector via the automated inspection request
line. CONTRACTOR agrees to endeavor to ensure that CITY'S General Contractor schedules the
inspections as required. In the event of non -conforming work or a missed inspection, CONTRACTOR
agrees to coordinate the work of CITY'S General Contractor with the CITY'S Inspectors as
appropriate.
6. Except as specifically amended herein, all of the other provisions, terms and obligations
of the Agreement between the parties, as amended by the First Amendment, shall remain valid and shall
be in force after this Second Amendment.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Professional
Services Agreement as of the day, month and year first above written.
CITY OF SAN RAFAEL
By:
JI SCHUTZ, Ci Manager
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, ity Atto •ney
KITCHELL CEM, Inc.
By.
DAVID GLAVMLLI, Sr. 'ce President
C XITCHELL
June 21, 2018
Jim Schutz
City Manager, City of San Rafael
1400 Fifth Avenue, Room 203
San Rafael, California 94915-1560
Re: Revised Staffing Plan for the Phase 1 Projects - Public Safety Center, Fire Station 52 and the Fire Station 57
Dear Mr. Shutz,
This letter is a follow-up to our letter written February 20th, 2018 and our discussion with Cristine Allilovich and Bill Guerin
on June 5th. Despite our recommendation against reducing Kitchell's originally contracted staffing hours, per your request,
we have completed an evaluation of the staffing levels required to stay in line with the current contract values without
added cost while still maintaining coverage throughout the duration of the projects. Below is a revised staffing plan for
Fire Stations 52/57 and the Public Safety Center project to achieve the request of completing the current projects within
the current contract values, accompanied by our recommendation to authorize the amendment.
1. Revised Staffing Plan - Summary by Total Hours:
Projected hours for project staff are revised below. These are the hours necessary to stay within the bounds of the original
fee proposal if the add service is rejected as a whole. Please reference the project coverage section below for a description
of how these hours impact site coverage.
The overall program staffing is reduced in order to meet the current contract values. Program Director time is reduced to 40
hours a month until January 2020. Similarly, Executive time will be limited to approx. 8 hours per month in 2018 and then
to 4 hours per month in until completion. Project Scheduler time will continue. Jamie Milliner's hours from 6/18 through
8/18 have been relocated to Hank Dagenais and the reimbursable budget of $79,497 is used for Hank from December 2018
through February 2019.
2. Revised Staffing Plan - Presented by Project Coverage:
Fire Station 52 and 57: Reduced to a single Project Manager. These projects have both proceeded far enough along in
construction that there is less risk of unforeseen conditions. Therefore, while not ideal, reduced management of these
projects is possible with a single PM at no additional cost. This assumes no additional delays beyond the Kitchell's control.
Fire Station
Role
May
38
Jun
38
Jul
18
Aug
18
Sep
18
Oct
18
Nov
18
Dec
18
2018
Total
2019
Total
2020
Total
DAGENAIS JR, HENRY G
PM
160
160
200
160
160
200
160
160
1848
320
0
MEZA, JORGE
PM
160
160
200
160
160
200
160
160
2008
2040
320
MILLINER,JAMESC
PM
160
0
0
0
0
0
0
0
768
0
0
TOYAMA, AUSTIN
PE
160
160
200
160
160
200
160
160
1816
1800
0
JOHAL, BILLS
Exec.
16
1 8
1 8
8
8
8
8
1 8
172
48
8
JOHN WATICINS
I PD
52
40
1 40
1 40
40
1 40
40
40
589
480
39
SCHEDULING
I op.
8
8
1 8
1 8
8
1 8 J
8
1 8
90
96
32
The overall program staffing is reduced in order to meet the current contract values. Program Director time is reduced to 40
hours a month until January 2020. Similarly, Executive time will be limited to approx. 8 hours per month in 2018 and then
to 4 hours per month in until completion. Project Scheduler time will continue. Jamie Milliner's hours from 6/18 through
8/18 have been relocated to Hank Dagenais and the reimbursable budget of $79,497 is used for Hank from December 2018
through February 2019.
2. Revised Staffing Plan - Presented by Project Coverage:
Fire Station 52 and 57: Reduced to a single Project Manager. These projects have both proceeded far enough along in
construction that there is less risk of unforeseen conditions. Therefore, while not ideal, reduced management of these
projects is possible with a single PM at no additional cost. This assumes no additional delays beyond the Kitchell's control.
Fire Station
Jun 16
Jul 18
Aug 18
Sep 18
Oct 18
Nov 18
Dec 18
Jan 19
Feb 19
52 & 57
Hank/Intern
Hank/Intern
Hank/Intern
Hank
Hank
Hank
Hank
Hank
Final
Kitchell CEM
2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com
C KITCHELL
In order to mitigate some of the risk to the FS 52 & 57 project, Kitchell has proposed staffing a Project Engineer Intern full
time from June 2018 through August 2018. This will help ensure that the full time PM on FS 52 & 57 is able to focus their full
attention on management activities while the Project Engineer Intern manages administrative items. The Project Engineer
Intern is very familiar with the San Rafael projects as she provided similar project assistance on FS 52 and 57 last summer.
Without this individual, the onsite Project Manager and Program Director will be spending their time on administrative
tasks at much higher bill rates while deprioritizing management tasks. We highly recommend that the City allow this
additional staff member to help during this transitional period.
Public Safety Center and Fire Station 51 have been revised, see the below table. Jorge Meza will oversee construction
through completion of the project. The project engineer will leave the site in mid-November 2019. Onsite staffing during
interior finishes and closeout are reduced to a single full time PM.
PSC/FS 5!
3. Conclusion
As you can see from the analysis above, we have satisfied your request to reallocate the staffing for the Phase 1 projects to
stay in line with the current contract values. However, the levels of project support for the remaining duration of the Phase
1 projects have been significantly reduced. Equally significant is the reduction of program and senior level oversight along
with project controls. Finally, effective November 2019, we will be down to a single PM on the $35M PSC project for the final
five months of the project. With this level of staff reduction, our team will not be able to provide the same level of services
that were agreed to at the onset of this project. Therefore, this revised staffing plan will require the City's Project Manager
to take a more active role in the completion of the construction phase at Fire Station 57 along with an increased role in the
Closeout activities for Fire Stations 52, 57, and the PSC project. The following items will not be covered by the Kitchell team
and will need to be handled by the City's Project Manager,
1. Invoicing/Cost Control of City's Accounting, GL maintenance
2. Full Coordination of Offsite Contractors/Vendors
3. Owner Requested Changes at FS 52/57, e.g. fueling station, roofing revisions at tower, etc...
4. Utility Coordination offsite, i.e. PG&E for offsite utility installation, Comcast, etc...
In addition, we will require the City's Project Manager to take a major active role in the Closeout process for FS 52/57 and
PSC. The items will include,
1. Assisting with Punch list scope in coordination with Kitchell
2. Receipt and management of the project closeout documentation, including 0&M's and Warranties
3. Certificate of Occupancy Coordination with Public Entities
4. NOC filing with the County
5. Move -in Coordination
Kitchell CEM
2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com
Jan 18
Jorge
Feb 18
Jorge
Mar 18
Jorge
Apr 18
Jorge
May 18
Jorge
Jun 18
Jorge
Jul 18
Jorge
Aug 18
Jorge
Sep 18
Jorge
Oct 18
Jorge
Nav 18
Jorge
Dec 18
Jorge
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Jan 19
Feb 19
Mar 19
Apr 19
May 19
Jun 19
Jul 19
Aug 19
Sep 19
Oct 19
Nov 19
Dec 19
it
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Jorge
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Austin
Jan 20
Feb 20
Mar 20
Apr 20
May 20
Jun 20
Jul 20
Aug 20
Sep 20 1
Oct 20
Nov 20
Dec 20
Jorge
Final
3. Conclusion
As you can see from the analysis above, we have satisfied your request to reallocate the staffing for the Phase 1 projects to
stay in line with the current contract values. However, the levels of project support for the remaining duration of the Phase
1 projects have been significantly reduced. Equally significant is the reduction of program and senior level oversight along
with project controls. Finally, effective November 2019, we will be down to a single PM on the $35M PSC project for the final
five months of the project. With this level of staff reduction, our team will not be able to provide the same level of services
that were agreed to at the onset of this project. Therefore, this revised staffing plan will require the City's Project Manager
to take a more active role in the completion of the construction phase at Fire Station 57 along with an increased role in the
Closeout activities for Fire Stations 52, 57, and the PSC project. The following items will not be covered by the Kitchell team
and will need to be handled by the City's Project Manager,
1. Invoicing/Cost Control of City's Accounting, GL maintenance
2. Full Coordination of Offsite Contractors/Vendors
3. Owner Requested Changes at FS 52/57, e.g. fueling station, roofing revisions at tower, etc...
4. Utility Coordination offsite, i.e. PG&E for offsite utility installation, Comcast, etc...
In addition, we will require the City's Project Manager to take a major active role in the Closeout process for FS 52/57 and
PSC. The items will include,
1. Assisting with Punch list scope in coordination with Kitchell
2. Receipt and management of the project closeout documentation, including 0&M's and Warranties
3. Certificate of Occupancy Coordination with Public Entities
4. NOC filing with the County
5. Move -in Coordination
Kitchell CEM
2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com
C KITC H E LL'
At these revised staffing levels there is no capacity to take on any non -contract scope, including off-site utilities,
management of Owner procurements beyond coordination with City staff, coordination of MERA and dispatch functions,
and invoice/budget management. City staff should assume management of these activities.
Per the City's request, if there is a desire to reduce costs by an additional $100K in order to have an allowance should the PSC
extend past the current February 2020 completion date, then one option to achieve this would be to reduce PE staffing on
the PSC by an additional five months in 2019. We suggest monitoring construction progress in 2018 and early 2019 to
determine if this is necessary, however, we would recommend against this action as the reduction on Kitchell staff would
add additional workload for the City's PM.
Thank you for the opportunity to provide these services. If this revised staffing plan is acceptable to the City, I would request
a No Cost contract amendment to document changes to staffing levels and scope within our current contract with the City
of San Rafael. If you have any questions, please do not hesitate to contact me at this office.
Sincerely,
Bill Johal
Executive Director
Kitchell CEM
2450 Venture Oaks Way I Suite 500 1 Sacramento, CA 95833 1 Phone 916.648.9700 1 Fax 916.648.6534 1 www.kitchell.com
EXHIBIT B
John Watkins
From: John Watkins
Sent: Tuesday, April 17, 2018 8:42 PM
To: Bill Guerin; Van Bach; Christine Foster, Fabiola Guillen-Urfer
Cc: 'Bill Johal (bjohal@kitchell.com); Jamie Milliner amilliner@kitchell.com)
Subject: Reconciliation Meeting Summary
Bill/Van/Christine/Faby,
Thank you for a productive meeting today, and thank you to Bill/Van for recognizing the need to meet. After
discussions, as a team we were able to recognize where each other's difficulties were and come away with a modified
process that suits everyone's needs. I'm sure we'll need to tweak it along the way, but the following is what I came
away with:
1. GL is aligning with Budget Report currently — there are no reconciliation issues.
2. San Rafael PW will enter Kitchell Coding into Vendor Description. This will help us isolate the vendor in reports
that are provided by the City. To start this will be on a "Go Forward", all agreed there was no benefit to retroactive
entry at this time.
3. Kitchell to provide a "Google Doc" Invoice Log that can be edited in real time by San Rafael PW. When check runs
are complete, San Rafael PW will add the check run number in its own column next to the invoices paid in that check
run. If there are any discrepancies in the future this will aid Kitchell in understanding what is paid, and ultimately the
City has a reference as to what else is coming.
4. San Rafael Finance manages assets in securities, meaning draws must be planned in advance. Now that bonds are
sold, the current cashflow will become a static "snap shot". We suggested an approach of keeping sufficient cash on
hand to cover a 2 month "rolling average" of the largest months in order to cover cash needs.
a. Kitchell to provide copies of our monthly schedule reviews that contain a ROM cash flow for Alten's billings only.
As Alten is the largest cash draw each month, this will help ensure that any impacts to cash flow due to delays are
understood by San Rafael Finance.
b. Other potential impacts to be discussed in advance.
5. Reconciliation should be relatively straight forward, unless there are issues moving forward.
a. With the revised process, more directed questions should be able to be asked in the event of a discrepancy.
Apologies if I missed anyone on this email, please forward to any other attendees for comment.
RAP
►1
2
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r�TyH'H Pd``'
IT
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER
Contracting Department: DPW
Project Manager: Faby Guillen
Extension: 3_435
Project Name: FS 52, 57 and PSC
Contractor's Contact: Kitchell CEM
Contact's Email: fabiolag@cityofsanrafael.org T
RESPONSIBLE
Step I DEPARTMENT DESCRIPTION COMPLETED DATE I REVIEWER (initials)
1
2
3
4
5
6
7
8
9
10
11
a. Email PINS Introductory Notice to Contractor
NA
b. Email Contract (in Word) & attachments to City Attorney co
Project Manager
Laraine.Gittens a cityofsanrafael.org
10/26/2018
FG
a. Review, revise and comment on draft agreement and return to Project
Manager
10/30/2018
b. Confirm insurance requirements, create Job on PINS, send PINS
City Attorney
insurance notice to contractor.
A
Department
Approval of final agreement form to send to contractor. (Provide Dept.
Director
Director Financial Summary wl Agreement)
' I
Forward three (3) originals of final agreement to contractor for their
Project Manager
signature.
12/20/2018
FG
When necessary, contractor -signed agreement agendized for Council
approval
01-qu
i Council approval requiredfor Professional Senuces Agreements and
purchases of goods and services that erceecl S75, 000 aid for Phhhlic IParks
Project Manager
Contracts that exceed 5175,000 (Enter date of Council Afeeting)
NA
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreement to City Attorney with printed copy of
Project Manager
this routing form
FG
1i12/20/2018
City Attorney
Review and approve hard copy of signed agreement
City Attorney
Review and approve insurance in PINS, and bonds (for public worksk
contracts)
/ b %/
City
`�
Manager/Mayor
Agreement executed by Council authorized official
1
Attest signatures, retains original agreement and forwards copies to project
City Clerk
manager
1 12A I I a
Project Manager
Forward Final Copy to Contractor