PREPARED BY: Barbara Hawkins DATE OF MEETING: 06/20/16
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRITICAL SOLUTIONS, INC. IN THE AMOUNT OF $231,374 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LIBRARY RENOVATION PROJECT (LIB-PSP) AND TO APPROPRIATE $254,511 FROM THE GENERAL FUND DESIGNATED RESERVE/INFRASTRUCTURE (CIRCLE S & MASTER PLAN) TO FUND THE CONTRACT AND A 10% CONTINGENCY
Label
RECOMMENDATION
Recommendation
Adopt Resolution
Body
Council Priority Workplan
Development Projects (Economic Development) - Circle S Project Development, which includes the Library renovation, is an adopted policy item under the FY 2015-2017 Council Priority Workplan Update, effective July 1, 2015.
CEQA Compliance Statement
An Environmental Impact Report to assess impacts from the San Pablo Avenue Specific Plan was prepared and adopted by the City Council on September 19, 2011 as required by CEQA. In addition, on October 17, 2011 a Mitigated Negative Declaration was adopted by the City Council for a Mixed Use Center South Regulating Plan - which specifically addresses the environmental impacts of the development and infrastructure designed for the site. No further CEQA review is required at this time, because pursuant to California Public Resources Code section 2116 and 14 Cal. Code of Regulations section 15162, there have been no substantial changes to the project or the circumstances under which the project is being undertaken or new information of substantial importance.
BACKGROUND
In November 2015, City Council awarded a contract to Group 4 Architecture, Research and Planning, Inc. for comprehensive design of the new San Pablo Library. Those documents are currently being reviewed for permit approval with an anticipated bid date of July 2016 and award of construction contract in August 2016.
In anticipation of the start of the bidding in July and award of construction in August, a Request for Qualifications (RFQ) for Construction Manager was issued April 28, 2016. Three proposals were received.
A summary of the bid proposals is shown in the following table:
|
COMPANY |
COST PROPOSAL |
|
Mack 5 |
$192,100 |
|
Critical Solutions |
$211,930 |
|
SGI |
$285,776 |
Staff evaluated all three firms’ qualifications and recommends awarding the contract for construction management services to Critical Solutions Inc. Because of Critical Solutions Inc.’s knowledge and experience providing construction management services for similar projects in neighboring jurisdictions, their readiness to provide the necessary services per the project schedule, and a proposal that included daily presence on the job, Staff is of the opinion that Critical Solutions Inc. best demonstrates the qualifications necessary for this project.
The scope of work includes the following services:
• Advise City of any constructability concerns in advance of construction.
• Bid award services
• Construction Management - monitor quality of work and conformance with design documents, track schedule, review request for construction payment, analyze change orders, review potential claims, prepare final punch list, and submit daily logs.
Staff has negotiated a contract with Critical Solutions Inc. for additional services not in the RFQ; they include $9,444 in constructability review of the 90% construction documents and review of the 90% cost estimate. Also, an allowance of $10,000 was added for special inspection and testing for a final proposal amount of $231,374. Staff recommends including a 10% contingency of $23,137 for a total not to exceed authorization of $254,511.
As to the specific terms of the contract, Critical Solutions Inc. has not agreed to the indemnity (e.g. hold harmless) provision in the City’s standard professional services agreement and desires to provide less protection to the City. Although such exceptions are not uncommon, especially for design and engineering firms, City staff has not been able to resolve the issues with the attorney for Critical Solutions before completion of this report. Accordingly, staff is asking that the City Council grant the authority to the City Manager and City Attorney to negotiate an acceptable indemnity provision, and if not able to do so, then staff will propose an alternative to the City Council.
FISCAL IMPACT
The proposed contract with Critical Solutions Inc.is for $231,374. An additional 10% contingency ($23,137) would increase the total spending authority to $254,511.
The proposed resolution appropriates $254,511 from FY 2015/16 General Fund Designated Reserves/Infrastructure (Circle S & Master Plan) Improvements to the Library renovation project (320-3200-43600-LIB-PSP) to fund the agreement with Critical Solutions Inc. The amount includes a 10% contingency to cover miscellaneous and unanticipated expenses.