HomeMy WebLinkAboutReso 136-17 Amendment to Agreement with Indigo/Hammond + Playle RESOLUTION NO. 136 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH
INDIGO/HAMMOND + PLAYLE ARCHITECTS, LLP
WHEREAS, on February 17, 2015, the City Council approved an Agreement for design
services with Indigo / Hammond + Playle Architects, LLP for the Dublin Police Services Building
Renovation; and
WHEREAS, the City Council approved Amendment #1, #2, and #3 to the Agreement for
design services with Indigo / Hammond + Playle Architects, LLP for the Dublin Police Services
Building Renovation for a total not-to-exceed amount of$1,608,800; and
WHEREAS, the City wishes to amend the terms of the Agreement to account for additional
design support services and value engineering necessary for the change in scope of work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves the amendment to the Agreement with Indigo / Hammond + Playle Architects, LLP, for
additional design services in the amount of$656,825, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the
amendment and such other documents, and to take such other and further action, as necessary and
appropriate to carry out the Intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of October 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Hernandez, and Mayor Haubert
NOES:
ABSENT: Councilmember Gupta
ABSTAIN:
Mayor
ATTEST:
ct4.w Z. 11-9-
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City Clerk
Reso No. 136-17, Adopted 10/17/2017, Item No. 4.9 Page 1 of 1
EXHIBIT A TO RESOLUTION
AMENDMENT #4 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND INDIGO/HAMMOND + PLAYLE ARCHITECTS, LLP
THIS AMENDMENT shall modify the Agreement dated February 17, 2015 for consulting
services by and between the City of Dublin ("City") and Indigo/Hammond + Playle Architects,
LLP ("Consultant"). The date of Amendment #4 shall be October 17, 2017.
In order to accommodate additional services to be provided the Agreement shall be modified as
follows:
A) Section 1.1 shall be rescinded in its entirety and replace with the following:
Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on July 30, 2019, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement
shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
B) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the
following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,265,625, (Two million two hundred and fifty-six thousand and eight hundred
and twenty-five dollars), notwithstanding any contrary indications that may be contained
in Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A-1, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to
this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for services rendered pursuant
to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for
duplicate services performed by more than one person.
C) Exhibit A — Scope of Services shall be modified in accordance with the attached
EXHIBIT A-1.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager Bruce Playle, Principal
Amendment#4 To Consultant Services Agreement between October 17, 2017
City of Dublin and Indigo/Hammond + Playle Architects, LLP
Exhibit A-1
•
I n de 1 9 0
HAMMOND + PLAYLE
A R C H I T E C T S , L L P
October 5,2017
Michael N.Boitnott,P.E.
Capital Improvement Program Manager
Public Works Department
City of Dublin
100 Civic Plaza
Dublin,CA 94568
Re: Amendment#4—Redesign,Rebidding,and Additional Construction Administration Services,
Including Bid Alternates,Renovations and Improvement of the Public Safety Complex,Dublin
Boulevard and Clark Avenue
Dear Michael,
This letter describes certain changes in service,and is an amendment to the existing agreement with an
effective date of February 17,2015 to implement the changes.All other terms and conditions of the
original existing agreement remain in full force and effect.
Background:
Previously,plans and specifications were prepared for the City of Dublin for Police Services in the Public
Safety Complex.These plans dated January 31,2017,progressed through 3 review cycles with the City of
Dublin Building Department and its plan review consultant 4-Leaf.All comments were successfully
responded to and the responses accepted as of Addendum 2,dated March 15,2017. Bids were taken from
3 prequalified bidders on March 231x. However due to rapid and unanticipated escalation in the
construction marketplace,and because the bid pool was limited to only 3 bidders,the lowest bid was 42%
above estimate and budget,and subsequently all bids were rejected by the City Council.
A value engineering(VE)and scope reduction process ensued immediately post-bid. The process
involved Indigo Architects,Swinerton CM,and City of Dublin staff including Police Services. Meetings
were held in Dublin beginning June 8,2017 to review and modify the list of value engineering items
prepared by Indigo and its engineers,as well as to review the plans prepared by Indigo. Swinerton CM,
with a few modifications,validated the list of value engineering revisions and it was approved for
implementation by the City.It was also decided to open bid the project to enhance competitive bidding and
to revise bid alternates to a new list of 4,all as shown on the attached Scope Change Table,dated
September 7,2017.
One of the more significant cost-saving changes was Public Safety Complex,Building 2. Previously,this
existing high-bay steel and concrete industrial building was to be structurally rehabilitated to bring it to
essential services building standards and outfitted with a new 2-story building insertion.The value-
engineered plan instead demolishes the existing building and essentially builds in its place a newly
designed,smaller 1-story building,purpose-built to essential services building standards.Other changes
included significant plan revisions requested by the Police Services Division which Indigo and its
engineers were able to successfully incorporate during the value engineering process.
INDIGO I Hammond +Playle Architects,LLP 1 909 Fifth Street I Davis.CA 95616 I t 530.750.0756 I w indigoarch.com
Exhibit A-1
Michael N.Boitnott,P.E.
October 5,2017
Page 2
Meanwhile,estimates of the cost for making the necessary changes to plans,specifications and
calculations and resubmitting for plan check were prepared. A detailed estimate was provided on May 16,
2017,showing the total architecture and engineering cost to be$389,915. The design fee assumptions in
the value engineering calculations,however,had relied on a much lower figure of$272,900,resulting in
higher projected savings to the City. In order to preserve these savings,Indigo agreed to use the lower fee
amount of$272,900 figure in its proposal dated May 26,2017.
This amount nonetheless exceeded the authorized total contract amount,thus a contract amendment
requiring a month or more for the City to process would be required.In that period of time,ongoing
construction cost escalation would have further eroded cost-savings from value engineering. For this
reason,an interim authorization of$60,000 from unused construction support funds was provided by the
City on June 13,2017,which enabled work to proceed.This interim authorization was based on a quote
for 3 weeks of architectural effort excluding engineering,and left$127,847 remaining on the original
contract.
Another reason for the interim authorization approach was to allow a better estimate of total costs once the
90%plans were complete and submitted.These 90%documents,dated September 17,2107,were
submitted to the City for plan review effective last Friday,and were prepared at an architecture and
engineering cost of$226,500. When combined with an estimated$27,000 cost of final plan check 90%to
100%(see item below),the total cost of the revision work to the City is$253,500.
Also included in this amendment is the addition of bid alternates upsizing of the onsite emergency power
generator and fuel supply to serve the entire building as opposed to only the Police Services portions,and
for photovoltaics during the design phase and which was not included in the original agreement or its
various amendments to-date.
Work Contributed Gratis:
Indigo took immediate and effective cost control measures,and has expedited the work,in order to protect
the City from further effects of escalation,all while maintaining project quality. We,too,have been stung
by the unprecedented cost increases in the marketplace and in consideration of the City's budget are
providing elements of our service on a gratis basis. Our gratis contributions amount to$107,500 as
follows:
• VALUE ENGINEERING&REDESIGN-$46,500. Indigo took an early lead in extensively revising
the floor plans and preparing a comprehensive list of value engineering items,subsequently validated
by Swinerton CM.We attended meetings and numerous phone calls and interaction with City and
Police Services staff to arrive at the revised design.Gratis contribution shown is for almost 3 months
of services from March 23,2017 bid date through June 13,2017 date of interim authorization. Status:
Completed.
• FINAL PLAN CHECK,90%TO 100%-$30,000. There is still considerable work left to do,
including addressing all plan review comments,bringing the plans,specifications and estimate to
100%,ready for bidding.Estimated at$57,000,Indigo agrees to discount this work and will complete
it for$27,000,a gratis contribution of$30,000. Status:Pending.
• BIDDING DOCUMENT CHANGES -$5,500. Indigo will assist City in revising the bidding
documents including the Instructions to Bidders,Bid Form,Agreement,General Conditions,
Supplementary Conditions,and Division 1 —General Requirements to change to an open-bid process,
but with minimum qualification requirements.This is a gratis contribution of$5,500. Status:Pending.
INDIGO I Hammond+Playle Architects,LLP 1 909 Fifth Street I Davis,CA 95616 I t 530.750.0756 I w indigoarch.com
Exhibit A-1
Michael N.Boitnott,P.E.
October 5,2017
Page 3
• REBIDDING-$25,500. Indigo and its subconsultants agree to provide rebid services on a gratis
basis.Gratis contribution covers services from bid advertisement through bid day,includes attending
pre-bid conference meeting and tour of site and buildings in Dublin, answering bidder questions,
preparation of addenda,and evaluation of bids. Status:Pending.
Description of Scope of Services change:
• REVISE WORKING DRAWINGS&SPECIFICATIONS.Make the changes shown on working
drawing sheets AS001,A-101.1,A-101.2,A-201 revision clouds dated 4/11/17,and Bid Phase Value
Engineering table dated 5/11/17. The changes shown on those drawing sheets are representative, other
drawings and specifications sheets will be revised as required by the changes. All disciplines are
involved, including architectural,civil,landscape,structural,electrical,mechanical,plumbing and
LEED consultant. Required changes to calculations are included as are revision to the 4 alternates.A
kick-off meeting will be held where the additional VE and constructability comments of an outside
construction manager(separate contract by City)will be discussed and City will direct for
implementation. This implementation is included to the extent it does not involve extensive further
revisions and can be performed concurrently with the changes shown on the attachments. One
additional meeting to the kick-off is included for a total of two meetings.The plans will be advanced
directly to 90%complete and submitted for final plancheck.
• FINAL PLANCHECK(provided on a partial gratis basis).Assist in taking revised plans,specs and
calculations through final plan review for approved plans prior to bidding.Plan comments will be
responded to and corrected plans will be submitted via e-mail,no additional meetings are anticipated
or included.
• RE-BIDDING(provided gratis). Assist in answering bidder questions,assist in preparation of
addenda,etc.as described in basic scope of agreement. The project will be open bid with no
prequalification round.This is an increase in the time-and-materials amount for rebidding only and
does not include added construction administration,meetings or management time which may be
needed during construction.
• ADD CONSTRUCTION ADMINISTRATION SERVICES. Following are the changes to our
existing agreement Exhibit A—Scope of Work requested by the City which expands base scope
construction administration services. Strikeout is removed text,bold is added.
C.BIDDING& CONSTRUCTION
1. Attend the Pre-Bid Meeting(2 meetings).
2. Review and respond to Bidder questions(includes 12).
3. Prepare Addenda content for issuance by City(includes 2).
4. Assist City with its Bid Evaluation process.
5. Attend Pre-Construction Meeting(1 meeting).
6. Review and respond to Contractor submittals(includes 44 170).
7. Review and respond to Contactor RFI's(includes 3O 200).
8. Review and respond to Contactor PCO's(includes 10).
9. Issue Architectural Supplemental Instructions ASI(includes 420).
10. Issue Proposal Requests(includes 2).
INDIGO I Hammond +Playle Architects,LLP 1 909 Fifth Street I Davis,CA 95616 I t 530.750.0756 I w indigoarch.com
Exhibit A-1
Michael N.Boitnott,P.E.
October 5,2017
Page 4
11. Maintain Submittal,RFI,ASI and CCO logs.
12. Attend construction project progress meetings(includes 20 60 meetings,once per week for an
estimated 314 month construction duration plus 1 month of post-construction meetings).
13. Conduct periodic site observations,issue field reports(included in above). Consistent with the
requirements for California Essential Services Buildings,reports will be quarterly DSA-06
cross-coordinated among design team, IOR and contractor and filed with the City of Dublin
Building Official in his/her capacity as Agency Having Jurisdiction.
14. Conduct preliminary observation and issue Punch List(1 meeting).
15. Punch List pick-up verification will be by City,Architect to assist in who will also prepare
preparation of Notice of Substantial Completion.
16. Declare project 100%complete. Issuance of Notice of Final Completion(filing will be by City of
Dublin).
17. Assist in final close-out procedures,review record documents submitted by contractor,prepare
CAD"Record Drawings"and deliver to City of Dublin for safekeeping.
18. Above construction administration scope assumes City Project Manager will be onsite handling
day-to-day affairs of construction. Coordination time to support City's Project Manager on a
daily basis is provided(adds 2 hrs./wk.for 60 weeks).
Deliverables for Bidding&Construction:
• Attend Pre-bid conference and site walk.
• Assist in answering bidders' questions and issuing addenda.
• Assist in City's bid evaluation and determination of lowest responsible bidder.
• Monthly Construction Meetings minutes.
• Construction visit notes and photographic record.
• Responses to RFI's and CCO requests.
• Submittal,RFI and CCO logs.
• Final inspection report and punch list.
• CAD record drawings,mylars if required would be an additional reimbursable expense.
Changes to Agreement:
Section 2.,Compensation:Reflective of the increased scope of work to add Redesign,Rebidding,and
Additional Construction Administration Services,change total compensation amount from$1,608,800 to
$2,265,625.
Changes to Exhibit A—Scope of Work:
Change the services already included in the basic scope as described above for the Public Safety Center
(PSC)at Dublin Boulevard and Clark Avenue.
Changes to Exhibit A—Project Schedule:
A new project schedule has been prepared which estimates services will be required until June 30,2019,
and is the basis for the term of services extension to this date.
Changes to Exhibit A—Compensation Schedule:
The prior authorized fixed-fee amount of$1,608,800 is thereby increased$656,825.by this amendment
resulting in an adjusted total fee of$2,265,625.in accordance with the contract cost summary and revised
payment schedule below. Standard Rates to be used are changed in accordance with attached revised
Standard Rates schedule.All other terms and conditions of the original agreement remain in full force and
effect.
INDIGO I Hammond+Playle Architects,LLP 1 909 Fifth Street I Davis,CA 95616 I t 530.750.0756 I w indigoarch.com
Exhibit A-1
Michael N. Boitnott, P.E.
October 5,2017
Page 5
Contract summary to-date:
Original contract-Basic services $227,600.
Amendment 1 —Renovate Public Safety Center for Police Services $653,500.
Amendment 2—Study to increase project scope by$5 million $25,000.
Amendment 3—Implementation of$5 million scope increase $702,700.
Amendment 4—Redesign, Rebidding and Additional CA Services, Incl. Bid Alts. $656,825.
Adjusted contract amount $2,265,625.
Scope of Services Prior Fee Amount Change this Adjusted Fee
amendment
Fee Summary
A. Preliminary Design(fixed-fee) $390,200 $0 $390,200
B. Final Design(fixed-fee) $1,023,600 $269,525 $1,293,125
C. Bidding&Construction(t&m allowance) $170,000 $387,300 $557,300
Amendment 1,dated 1/22/16(incl.in nos.above) $0 $0 $01,
Amendment 2,dated 3/22/16 $25,000 $0 $25,000
Amendment 3,dated 4/22/16(incl.in nos.above) $0 $0 $0
Amendment 4,dated 10/5/17(incl.in nos.above) $0 $0 $0
Total Adjusted Fee $1,608,800 $656,825 $2,265,625
Chris Foss, City Manager,City of Dublin
Bruce Playle,Architect,AIA date signed:
Licensed Architect C 15459
INDIGO/Hammond&Playle Architects, LLP
Gary Huisingh, Director,Public Works Department
City of Dublin
date signed:
INDIGO I Hammond+Playle Architects,LLP 1 909 Fifth Street Davis,CA 95616 I t 530.750.0756 I w indigoarch.com