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SR-06-11-2013-3KCity Council Meeting: June 11, 2013 Agenda Item: 3- k- To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Professional Services Agreement Modification for the Universally Accessible Playground Project Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a third modification to Professional Services Agreement No. 9388 (CCS) in the amount of $33,759 (includes a 10% contingency) with Katherine Spitz Associates, Inc., a California - based company, to provide additional design and construction administration services for the Universally Accessible Playground. This will result in a new amended agreement amount not to exceed $160,919 over a one -year period. 2. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. Executive Summary Katherine Spitz Associates, Inc. (KSA) is providing professional services for design and construction administration associated with construction of the Universally Accessible Playground. The scope of work requires additional design and site scrutiny services through June 30, 2013, in the amount of $33,759 for an amended agreement amount not to exceed $160,919. Background The City is constructing an approximately 20,000- square -foot universally accessible children's playground on the site immediately south of the southernmost beach parking lot of the City. The address of the site is 2900 Ocean Front Walk. Consultant Selection On April 6, 2011, a Request for Proposals (RFP) was issued to provide design and preconstruction services for the Universally Accessible Playground Project. Responses to the RFP were reviewed by a selection panel of Public Works and Community & I Cultural Services staff. Evaluation of the submitted materials was based on the following selection criteria: • Previous innovative design experience in the creation of universally accessible playgrounds. • A track record of professionally acknowledged, award winning and innovative design work. • Proposed cost and unit cost break down for comprehensive design services. • Timely completion of prior assignments. • Experience designing construction projects in a coastal environment. • Thorough knowledge of California codes and regulations. • Other municipal and/or community -based process experience. A total of 11 teams responded to the RFP. The selection panel short- listed four teams, and interviews with the short- listed teams were held on May 23, 2011. Following the interviews, the selection panel unanimously recommended Katherine Spitz Associates, Inc. (KSA) to provide design and preconstruction services for the Universally Accessible Playground Project. On June 28, 2011 Council awarded Professional Services Agreement No. 9388 (CCS) for the design of the Universally Accessible Playground Project to KSA, in an amount not to exceed $120,038. On July 5, 2012, a first modification to Professional Services Agreement No. 9388 (CCS) was executed within authorized budget authority for additional design services. The services included conducting geotechnical survey of the project site, and preparing the survey reports and site plans as well as an extension on the contract time period. On October 23, 2012, Council awarded a second modification to Professional Services Agreement No. 9388 (CCS) for $10,378 for additional design services required as a result of the value- engineering effort to reduce the overall project cost. Design services addressed utilizing existing irrigation lines and adjusting hardscape and planting E materials. Involvement by both civil and structural engineering sub - consultants for these adjustments created additional design costs. Discussion Due to unforeseen conditions encountered during construction, the design and construction administration scope of work required has increased. The unforeseen conditions and additional requirements include: • The project was bid by contractors before construction documents had been approved by Building & Safety in order to meet CDGB funding requirements to commit grant funds before the end of Fiscal Year 2012 -13. After construction began a number of plan check changes were made to the scope of work which increased project costs. These plan check changes included: an increased size and strength of the structural foundations, redesigned entranceway, ramp and gate, and more slip resistant concrete sidewalk finishes which would require additional design work by a structural engineer. Construction questions related to these issues have resulted in additional design consultant site visits and construction document work. These site visits and additional professional services would result in additional consultant services of $30,315. • Revisions to the construction documents requested by Building & Safety require review and signature from the geotechnical engineer resulting in additional cost of $3,944. These unforeseen changes impact the project budget and result in additional design requirements, but would not impact the project completion date by the end of June 2013. The total for the additional service requests that are the result of unforeseen conditions is $33,759. 3 Financial Impacts & Budget Actions The contract modification to be awarded to Katherine Spitz Associates, Inc. is $33,759 (includes a 10% contingency), for an amended contract total not to exceed $160,919. Funds in the amount of $33,759 are available in the FY 2012 -13 Capital Improvement Program budget in account 0116011.589000. Prepared by: Jean Bellman, Architect Approved: Forwarded to Council: Martin Pastucha Director of Public Works Eli Rod Gould City Manager