CITY COUNCIL STAFF REPORT
Meeting Date: August 01, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-22 AUTHORIZING THE CITY
MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE
AGREEMENT WITH SWINERTON MANAGEMENT AND
CONSULTING FOR PROJECT, CONSTRUCTION, AND PROJECT
MANAGEMENT SERVICES AND RESOLUTION NO. ___-22
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH
AMENDMENT TO THE AGREEMENT WITH BOHLIN CYWINSKI
JACKSON FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE
NEW LIBRARY
SYNOPSIS
The City entered into a professional services agreement with Swinerton Management and Consulting (“Swinerton”) in November 2017 for Project and Construction Management Services related to the new Pleasant Hill Library (“Library”). The City executed a professional services agreement with Bohlin Cywinski Jackson (BCJ) for Design and Construction Administration of the Library effective October 2017. The City would like to amend Swinerton’s Agreement with this Fourth Amendment to add scope and budget and authorize Swinerton to provide Tesla solar (photovoltaic) system management, technology/low voltage equipment management, services related to extended construction duration, and additional testing and inspection services for the new library project. The City would like to amend BCJ’s Agreement with this Fifth Amendment to increase scope and budget and authorize BCJ to provide additional construction phase structural engineering services, services related to extended construction duration, design revisions, additional FF&E services, and switchgear redesign for the new library project.
DISCUSSION
Background
The City entered into a professional services agreement with Swinerton Management and Consulting (Swinerton) in November 2017 for Project and Construction Management Services related to the Library. The City executed Amendment No. 1 (effective December 2019) for Program Management work to ensure that the entire program (library, infrastructure improvements, park, and residential project) was well-coordinated and executed with consistency and efficiency; Amendment No. 2 (effective October 2020) was approved to engage a Special Inspection and Testing Agency to provide material testing of major building components (reinforced concrete, structural and miscellaneous steel welding, soil compaction testing); and Amendment No. 3 (effective February 2021) was approved to engage a Commissioning Agent to manage testing, training, and commissioning of building systems.
The City executed a professional services agreement with Bohlin Cywinski Jackson (BCJ) for design and construction administration of the Library effective October 2017. The City executed Amendment No. 1 (effective August 2018) to reorganize the budget; Amendment No. 2 (effective January 2019) to include an allowance for design services for the Recreation and Park District portion of the shared parking lot and landscaping design services related to infrastructure improvements on Oak Park Boulevard and Monticello Avenue; and Amendment No. 3 (effective October 2019) for construction documents and construction administration for the Recreation and Park District portion of the shared parking lot, creation of a stormwater pollution prevention plan (SWPPP), and additional bio-swale design; and Amendment No. 4 (effective October 2020) to authorize BCJ to provide expanded design services related to furniture, fixtures, and equipment (FF&E), donor wall and donor graphics, sculptural log objects, and irrigation design for the new library project.
Analysis
During the course of construction of the new library, significant issues related to Covid-19 and supply chain disruption created impacts to design specifications, component fabrication, and work in the field. Both Swinerton and BCJ worked diligently to mitigate these disruptions, including extensive construction re-sequencing, and changes to product specifications to materials and products that would be available. In addition, the City has added scope to the project, which has required additional work by Swinerton and BCJ, but which has been added at no increase to the approved project budget.
Swinerton Management and Consulting
Extended Construction Duration:
There were significant impacts to the project during construction beyond control of the contractor, totaling 498 days of individual time impacts. Through the significant hard work, Swinerton successfully reduced the time impacts to 119 days. The City, supported by Swinerton, further negotiated and reduced the Contractor’s cost of the time extension by 20 percent. The total of 119 days resulted in an extended construction duration of four months, requiring Swinerton to be on site full-time four months longer than the construction duration in its Agreement. Swinerton has agreed to reduce its four-month contract extension time and overhead cost by 30 percent.
Tesla Solar (Photovoltaic) System:
The bid documents for the Pleasant Hill Library included a project with infrastructure for a future Photovoltaic (Solar) System, but not the system itself. The City added the Tesla solar panel system to the project following start of construction. Swinerton’s contract scope of work does not include the substantial effort to manage the Tesla system on the City’s behalf.
Swinerton has spent a significant amount of time coordinating with the City, Tesla, and the design and construction team to accommodate adding the system to the project.
Technology/Low Voltage Equipment:
The original intent was for the City to procure an outside vendor to specify and purchase technology/low voltage systems (data, telecom, audio-visual, security, fire alarm monitoring, etc.) and install it independently from the construction contract and management of the construction work. The City was not able to procure a vendor for this work, and in early 2021 requested that Swinerton work with the City, County Library, and Contractor to specify, manage, procure, and install the low voltage equipment.
Additional Testing and Inspection Services:
Amendment No. 2 to Swinerton’s contract included $163,667 for Testing and Inspection Services for Consolidated Engineering Labs (CEL), plus a Contingency of $41,000 for additional unforeseen testing and inspection services by CEL. During the project, the City elected to utilize $38,500 of this contingency to procure additional Geotechnical Engineering services required for the project through CEL. CEL did an excellent job of minimizing additional unforeseen testing and inspection services, going above the original $163,667 by only $12,483. However, with only $2,500 remaining in the contingency, there is a shortfall of $9,983, which must be added to CEL’s contract to complete its scope for testing and inspection services.
Bohlin Cywinski Jackson
Additional Construction Phase Structural Engineering:
BCJ coordinated several issues with consulting structural engineers Rutherford + Chekene to provide additional services during the construction phase. Structural input was provided to aid the General Contractor in re-sequencing, and to respond to field installations and conflicts, and engineering for Furniture, Fixtures and Equipment. New work was needed to provide structural design for the new fence in the service yard. This included layout coordination, footing design, and steel details.
Extended Construction Duration:
There were significant impacts to the project during construction beyond control of the contractor, totaling 498 days of individual time impacts. Through significant effort, the project team, successfully reduced time impacts to 119 days. The total of 119 days resulted in an extended construction duration of four months, requiring BCJ to extend its services longer than the construction duration in its Agreement. Due to the efficiency of doing its contract scope of work over a longer period of time, BCJ reduced its monthly fee for this four-month extension by 27 percent.
Design Revisions:
There were a number of design revisions:
Coordination of Tesla rooftop solar PV array, including Tesla’s re-design of its system, and subsequent addition of roof conduits, and coordination with the building design and field conditions
Bird First Glass review and resolution
Card Reader substitution
Carpet out of sequence coordination and research
Parking lot light pole revised footing design and coordination Coordination of moisture barrier omission with City and Geotechnical Engineer Newly defined riparian zone
Furniture, Fixtures, and Equipment (FF&E):
The following revisions related to FF&E were required:
Due to COVID-19 restrictions, two additional presentations were done in addition to the showroom tours listed in the original proposal.
An additional meeting was provided to gather all furniture finishes and fabrics for review by the Steering Committee. This was scheduled at City Hall to minimize the risk of exposure due to the COVID-19 pandemic.
A new custom print station was needed in the Community Tech Zone. The printer and scanner were moved to the Tech Zone, and the request was made to design a custom table to match the Tech Carrels.
BCJ solicited pricing from multiple vendors for Custom Millwork and revised the scope through many rounds of pricing to bring final costs into alignment with budget. BCJ also split-out the packages to fast-track final invoices to be used by the Friends of the Library for the Lesher Grant.
Due to supply chain issues and the project’s schedule goals, BCJ performed additional work in the process, strategy, and implementation of FF&E.
Switchgear Redesign:
BCJ’s Electrical Engineer, Integral Group redesigned the main switchgear to accommodate the installed PG&E feeders. Work included reviewing drawings and equipment submittals to determine a solution, reviewing possible solutions with the equipment manufacturer, and determining what work could be done in the field while maintaining UL listings.
Summary:
Swinerton has very effectively served the City as the Project and Construction Manager for the new Library, and as a consulting Program Manager for the overall Oak Park Project, including coordination with Contra Costa County and the Pleasant Hill Recreation and Park District on behalf of the City. BCJ has effectively served the City as its Architect for design and construction administration of the new Library. After the project was initially bid, the Contractor submitting the lowest bid included an error in its bid documents. The City Attorney determined that the error required the City to re-bid the project. The second, re-bid process required significant effort, which Swinerton and BCJ performed at no additional cost to the City. The re-bid resulted in a bid that was $800,000 less than the previous low bid, resulting in significant savings to the City.
Swinerton has submitted a proposal to the City to amend its Agreement to perform the additional Project and Construction Management Services sought by the City. City staff have determined that engaging Swinerton for this work is the most efficient and cost-effective means to meet the City’s need for these services.
BCJ has submitted a proposal to the City to amend its Agreement to perform the additional Design and Construction Administration Services sought by the City. City staff have determined that engaging BCJ for this work is the most efficient and cost-effective manner to meet the City’s need for these services.
FISCAL IMPACT
The total budget of Swinerton’s current Amended and Restated Agreement with the City is$1,727,662. Swinerton’s additional services for $249,874 total as follows:
Tesla Solar (Photovoltaic) System Management $ 36,783
Technology/Low Voltage Equipment Management $ 29,748
Extended Construction Duration $173,360
Additional Testing and Inspection Services $ 9,983
Total $249,874
City staff believes that this is a fair cost for this fourth amendment. If approved, the new total budget for Swinerton subsequent to the fourth amendment would be $1,977,536.
The total budget of BCJ’s current Amended and Restated Agreement with the City is $3,819,849.
BCJ’s additional services for $149,485 total as follows:
Additional Construction Phase Structural Engineering $ 17,155 Extended Construction Duration $ 62,430
Design Revisions $ 31,720
Furniture, Fixtures and Equipment $ 33,000
Switchgear Redesign $ 5,180
Total $149,485
City staff believes that this is a fair cost for this fifth amendment. If approved, the new total budget for BCJ subsequent to the fifth amendment would be $3,969,334.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolutions authorizing the City Manager to execute contract amendments with Swinerton Management and Consulting, and with Bohlin Cywinski Jackson.
ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolutions and provide direction to staff.
ATTACHMENT(S):
Resolution _-22 Authorizing the City Manager to execute a Fourth Amendment to The Professional Services Agreement with Swinerton Management and Consulting Exhibit 1 – Fourth Amendment to Agreement with Swinerton Management and Consulting for Professional Services for Project and Construction Management Services Resolution _-22 Authorizing the City Manager to execute a Fifth Amendment to the Design Services Agreement with Bohlin Cywinski Jackson
Exhibit 1 – Fifth Amendment to Agreement with Bohlin Cywinski Jackson for Professional Services for Design and Construction Administration
Prepared by: Ananthan Kanagasundaram, City Engineer
Reviewed by: June Catalano, City Manager
Approved by: June Catalano, City Manager