RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH INTERACTIVE RESOURCES, INC. AND MOE ENGINEERING FOR THE CIVIC
CENTER WINDOW AND EXTERIOR REPAIRS PROJECT
WHEREAS, the City’s Capital Plan includes efforts to upgrade and maintain its buildings and facilities; and
WHEREAS, early this year, the City has completed replacing the roof on the Community Center, has contracted for replacing City Hall windows facing West Sierra Avenue, and is planning to prepare bidding documents for replacing Community Center windows; and WHEREAS, in addition to the construction contracts, professional services contracts are needed to oversee the City Hall Window replacements and to complete the bidding documents and manage the construction of the Community Center window replacement; and WHEREAS, the Civic Center Windows and Exterior Repairs Project is included in the City’s adopted Budget and is also in the City’s Capital plan as the project spans multiple years and many different improvements are needed to complete the work envisioned for this project and not all these improvements can be done in one year due to budget constraints, and, therefore, the work has been divided into several parts with the roof completed first, followed by window replacements, then finally painting; and
WHEREAS, investigation analysis was performed for the two buildings and the analysis showed the south facing City Hall windows are a higher priority than the Community Center windows due to weather damage; and
WHEREAS, the consultants performing the investigation and design services were instructed to switch from the Community Center to bidding the City Hall Windows instead, and bids for this project came in significantly lower than the engineer’s cost estimate, therefore, the City is adapting once again and moving forward with bidding the Community Center windows, also within this Fiscal Year; and
WHEREAS, Interactive Resources Inc (IR), the architect, was responsive to these changes providing bid documents within the time requested by City Staff, and IR initially believed the effort could be completed within the original budget amount but underestimated the effort needed to prepare the bid documents; and
WHEREAS, additionally, City Staff made a late request to add a service window for the Administrative Services Department to the project, and the service window’s design was completed and issued within the 3-week bidding period, and, as a result, a few weeks ago IR gave City Staff notice they had gone over budget; and
WHEREAS, Staff goes to great lengths to avoid exceeding budget authority, and asks for consultants to provide advanced notice of projected overages so proper City authorization can be obtained, and the attached explanation of this circumstance was provided upon request by Staff; and
WHEREAS, Staff recommends approving payment of the additional and unauthorized amount because IR provided exemplary service which the City is now benefiting from, this is an isolated incident, and the City will likely require IR’s services in the future; and WHEREAS, City staff has requested and IR has provided a proposal for completing the Bid documents for the Community Center window replacements, and, City Staff has reviewed IR’s proposal and finds it to be fair and reasonable and recommends it for approval; and WHEREAS, there is some urgency to this project as a tenant has been selected, a day care provider, to use many of the Community Center rooms and these improvements would provide a safe and clean building for that tenancy; and WHEREAS, on May 25, 2021, City Council adopted Resolution 2021-21, approving a professional services contract with IR for an amount of $50,240, for preparing the investigative analysis, preparing the analysis report, and preparing bid documents for the Community Center window replacements, and Staff has requested and IR has provided a proposal and Staff finds it to be fair and reasonable; and
WHEREAS, also on May 25, 2021, the same aforementioned resolution included approval of an amendment to a Professional Services Agreement with Moe Engineering to add $20,868 for providing Project Management and Construction Management services from design through construction for the Community Center window project which, as previously mentioned, was switched by the City to be the City Hall Window replacement; and WHEREAS, additional services are needed to conduct multiple projects and due to the extended timeline, and, therefore, City Staff requested and Moe Engineering provided a proposal to provide Construction Management and Inspection services for the Community Center window replacement, and Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval; and
WHEREAS, the City’s adopted Fiscal Year 22/23 Budget includes $1,038,000 for the Civic Center Windows and Exterior Repairs Project which includes the City Hall Window Replacement Project as well as replacing the windows and painting the Community Center; and WHEREAS, on July 26, 2022, City Council awarded the construction contract totaling $208,071, and the Construction Management agreement for the City Hall window replacement for an amount of $20,868, and
WHEREAS, accounting for contingency for unexpected site conditions, additional City requested work, hazardous materials mitigation, and the Architectural assistance during construction agreement, the total Project authorized budget was approved for an amount of $350,000; and
WHEREAS, subtracting $350,000 from the total project budget of $1,038,000, leaves $688,000 in the Civic Center Windows and Exterior Repairs Project for the remaining work which includes the Community Center window replacements, painting, and other needed building repairs; and
WHEREAS, the IR proposal includes an amount of $39,971 to go against the City Hall authorized budget of $350,000, plus the $6,303 of the Moe Engineering Amendment 3 fee leaves $74,787, for construction contingency (accounting for construction and CM by Moe Engineering); and
WHEREAS, the IR proposal specifies a fee of $15,234, for preparing the Community Center bid documents and the Moe Engineering’s Amendment 3 fee identifies of $21,500, for conducting Construction Management for the Community Center window replacements and, therefore, the Community Center total budget of $688,000 minus $15,234 and $21,500, leaves $651,266 for construction; and
WHEREAS, the Window Replacement Investigation Analysis Report includes a construction cost estimate of $422,214, for the Community Center which leaves just under $230,000 for potential higher bids, construction contingency, and painting; and WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Civic Center Window Replacement and Exterior Repairs Project is a minor alteration of an existing structure, therefore, no further environmental review is required.
NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby finds that:
1. An amendment to the Interactive resources, Inc. Professional Services Agreement is approved for additional amounts of $39,971, for the City Hall Window Replacement, and $15,234, for the Community Window Replacement for a revised total agreement amount of $105,445, and
2. An amendment to the Moe Engineering Professional Services Agreement is approved for the Project Management for Civic Center Roof Replacement and Structural Evaluation/Improvements and Civic Center Window and Exterior Repairs Project for the additional amount of $27,803 for a revised total agreement amount of $112,389.50, and
3. The City Manager is authorized to execute the heretofore mentioned amendments to the respective professional services agreements.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 23rd, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney