HomeMy WebLinkAboutAGENDA REPORT 2009 0520 CC REG ITEM 09A ffEM • A*
CITY OF MOORPARK,CALIFORNIA
City COUMCII Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana
By: Jessica Sandifer, Managemen alys
DATE: May 7, 2009 (CC Meeting of May 20, 2009)
SUBJECT: Consider Amendment No. 1 to Architectural Agreement with HMC
Architects for Additional Design Fees for the Ruben Castro Human
Services Center
BACKGROUND
One of the City Council's top ten priority projects is the development of a Human
Services Center including facilities to provide medical, dental and mental health
services and other social services to the City's low and moderate income families. In
April 2001, the City of Moorpark Redevelopment Agency acquired a 7.58 acre site on
Spring Road for the Police Services Center. Approximately two acres of that site have
been designated as the site for the new Human Services Center and this parcel has
been acquired by the City with Community Development Block Grant Funds for that
purpose. The proposed facility would include a 10,000 square foot medical clinic, a
15,000 square foot "Under-one-Roof' Building and an area for day laborers to assemble
to await opportunities for work.
In May 2004, staff invited more than 70 Architectural firms to submit proposals for the
design and development of site improvements and the conceptual design of the
buildings for the Human Services Center. The City received proposals from ten
architectural firms. HMC was selected as the top candidate firm. At the completion of
the conceptual design phase, HMC was awarded the full design contract for the project
in February of 2006.
DISCUSSION
At the time of the award of the full design contract, HMC had submitted a fee proposal
based on the estimated construction cost for the Human Services Center as of
September 2005 which was $7,942,831. This estimate only included construction of
Building B — the "Under One Roof Center" and the site improvements for the entire
complex. At that time, the City intended to lease the property for Building A — Medical
Clinic to a non-profit medical provider who would finance the construction of the building
including the design costs. Since then staff has also included the construction of the
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Honorable City Council
May 20, 2009
Page 2
Medical Clinic — Building A in HMC's scope of work. The fee for design services is
computed at a flat 9.5% of the estimated construction cost. The current agreement,
approved in February 2006, states that the Architect's fee "shall not exceed $754,569 or
9.5% of the independent estimate, whichever is lower." It was staff's intent to get an
independent estimate prepared shortly after the signing of the original agreement in
order to lock in the architectural fees. However, due to design changes and project
approval delays, staff was unable to complete the independent estimate until January
2009. The new total cost of construction for the Human Services Center is $11,480,777.
The main reason for the increase in the construction cost estimate is due to the City's
decision to build the Medical Clinic (Building A) and make it available for lease.
During the design phase, a decision was made to bid the Human Services Center
project as a Multiple-Prime Construction Management project. Since this style of
Construction Management does not have a General Contractor, and the City's CM Firm
is acting as the General Contractor, it is customary to include the CM firm's fee into the
total cost of construction for the building.
With the addition of the CM firm's 4% fee, the total construction costs are $11,940,008.
Staff is proposing to amend the Architects agreement so that the fee will be computed at
9.5% of the January 2009 estimate, including CM fees, and that the cost of the
construction will be capped at the January 2009 estimate. This action would represent a
$379,732, increase in the Architectural Design fees for this project.
The City's construction management firm has also suggested a fast-track product
submittal review schedule that would require the Architect to attend submittal review
meetings outside the scope of the original agreement. If the City agrees to implement
the fast-track schedule, it will cost an additional $2,380 in architectural fees for the
project. Staff is proposing to amend the agreement to include this additional fee as an
option, should we choose the fast-track submittal review schedule.
The following figure illustrates the fee breakdown:
Construction Hard Costs (as of January 2009) $ 11,480,777
CM Fee 4% of Hard Costs $459,231
Total Construction Cost $ 11,940,008
Proposed Architect Fee Increase
(9.5% of Construction Cost) $ 11134,301
Previous Architect Fee
(9.5% of$7,942,831,as of September 2005) $ 754,569
Total Increase: $ 3799732
Optional:
Fast-Track Submittal Review $2,380
Total Fee Increase w/O tion: $ 3829112
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Honorable City Council
May 20, 2009
Page 3
If the City decides not to build the medical clinic building, the Architect's fee will be
adjusted to remove the project administration and construction close-out phase of their
Agreement. The Architect would still be owed the fee relative to the work they
performed on the design and construction drawings, all of which are completed.
FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2008/09 budget to continue to pay for
Architectural fees. Additional Funds will be budgeted in the Fiscal Year 2009/10 Capital
Improvement Program budget to cover the remainder of the contract costs.
STAFF RECOMMENDATION
Approve Amendment No. 1 to professional services agreement with HMC Architects to
increase the amount of their agreement from $754,569.00 to $1,136,681.00 and
authorize the City Manager to execute said amendment, subject to final language
approval by the City Manager and City Attorney.
Attachment I - Amendment No. 1 to Professional Services Agreement with HMC
Architects
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ATTACHMENT I
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF MOORPARK AND HMC ARCHITECTS
THIS FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES ("First
Amendment"), is made and entered into this day of , 2009, ("the
Effective Date") between the City of Moorpark, a municipal corporation, hereinafter
referred to as "CITY", and HMC Architects, a corporation, hereinafter referred to as
"ARCHITECT".
WITNESSETH:
WHEREAS, March 21 , 2006, the CITY and the ARCHITECT entered into an
Agreement for architectural design and consulting services for the Ruben Castro
Human Services Center; and
WHEREAS, the Agreement provides that the Architects fee would be based on
"9.5% of the estimated construction cost...as of September 20, 2005." It also provides
that the Architect's compensation "shall not exceed $754,569 or 9.5% of the
independent estimate, whichever is lower."
WHEREAS, on January 6, 2009, the City received an independent construction
cost estimate for $11,940,008 for construction costs, which represents a 50% increase
over the September 20, 2005 cost; and
WHEREAS, the City feels it would be fair to amend the Architects agreement and
allow for an adjustment of the fee to the January 6, 2009 cost estimate.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
That Section 3 — City Obligations is hereby amended to read:
For furnishing services as specified in this Agreement, City will pay and Architect
shall receive as full compensation therefore, a total sum based on the City's
Independent Estimate of $11,940,008 as of January 6, 2009 or the actual bid
amount, whichever is lower. Currently, the total compensation that the Architect
will receive for this Agreement shall not exceed 9.5% of the January 6, 2009
estimate, which is $1,134,300, unless the final bid amount is lower. As an option,
Architect may also receive an additional $2,380 for the fast-track bid submittal
option at the discretion of the City Manager, or his designee.
Professional Services Agreement Page 1 of 2
First Amendment Between City of Moorpark and HMC Architects
0000("A
All other terms and conditions of the original agreement shall remain in full force and
effect.
ARCHITECT
CITY OF MOORPARK HMC Architects
By. y.
Steven Kueny Chris R. Taylor, AIA
City Manager Executive Vice President
Date: Date:
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A— Architect's Proposal — Construction Cost Increase
Exhibit B. — Fast-Track Submittal Review Proposal
Professional Services Agreement Page 2 of 2
First Amendment Between City of Moorpark and HMC Architects
EXHIBIT A
FWC
Amendment No. 1R
Date: January 30, 2009
(Supersedes Previous Agreement Dated January 20, 2009)
Project Name: City of Moorpark
Ruben Castro Human Services Center- Increase in Construction Cost
HMC #2307002-000
AMENDMENT NO. 1R TO OWNER/ARCHITECT AGREEMENT
That certain Owner/Architect Agreement (Agreement) dated March 21, 2006, by and between
City of Moorpark (Owner) and HMC Architects (Architect), with respect to providing
Architectural and Engineering is hereby amended, modified, and revised as follows:
Purpose:
Per your letter dated December 24, 2008, the Construction Budget and resulting Basic Services
Architectural/Engineering fee shall be adjusted to reflect the 100% construction cost independent
estimate from Barnhart, Inc. (Construction Manager), inclusive of CM Fees, dated January 6, 2009
(reference attached).
Architect's Compensation:
The Construction Budget shall be adjusted to Eleven Million, Nine Hundred and Forty Thousand and
Eight Dollars ($11,940,008); therefore, the revised Basic Services Architectural/Engineering fee shall
be One Million, One Hundred Thirty-four Thousand, and Three Hundred Dollars ($1,134,300).
Summary:
Revised Construction Cost: $ 11,940,008 x 9.5% = $1,134,300
Original Construction Cost: $ 7,942,831 x 9.5% = $ 754,569
Total Increase in Fee = $ 379,731
Reimbursable Expenses:
Reimbursable expenses are in addition to compensation for Basic and Owner approved Additional
Services, including printing, plotting, delivery and other expenses related to Agency review, Bidding,
Construction or other Owner requested costs. These expenses shall be billed by the Architect to the
Owner at one and one-tenth (1.10) times the expense incurred by the Architect.
HMC ARCHITECTS City of Moorpark
3546 Concours Str it 799 Moorpark Avenue
Ontario, C 91764 "" Moorpark, CA 93201
_ r
By Itto 0/, By
96riprR. ay or, AIA I at (Date)
xe a Vice President
Licens #C-19759
Attachment"A" - Barnhart, Inc. Preliminary Estimated based on 100% Completed Drawings dated 1/6/09.
cc: L. Eloff, File-CN-AOA
HMC ARCHITECTS to 0 �4
3546 Concours Street,Ontario,CA 91764-4854 Tel: 909.989.9979 Fax: 909.483.1400
AMENDMENT#1 R 090130 Increase in Construction Cost.docx-1
i
BLDG B TENANT
BLDG A TENANT A T
DESCRIPTION BLDG A SITE BLDG B
IMPROVEMENT IMPROVEMENT
OTY UNIT UNIT COST TOTAL COST BLDG A COST SITE&BLDG B OTY TOTAL QTY TOTAL QTY TOTAL QTY TOTAL QTY TOTAL
TOTAL COST TOTAL
15
16 CONSTRUCTION COST $10,898,590.59 $3,824,870.25 $7,073,720.34 $2,832,767.40 $992,102.85 $1,620,794.70 388184.65 $1,064,740.99
17 GENERALCONOITIONS $582,186.00 204,318.70 377,867.30 $151,322.09 $52,996.61 $86,580.37 $234,410.10 $56,876.83
18
} 19 SUBTOTAL HARD COST $11,480,776.59 $4,02 188.95 $7,451,587.63 $2,984,089.49 $1,045,099.46 $1,707,375.07 $4,622,594.75 $1,121,617.82
20 CM FEE 4% $459.231.06 $161,167.56 $298,063.51 $119,363.58 $41,803.98 $68,295.00 $184.903.79 $44,864.71
21 SUBTOTAL#2-ADD CM FEE $11.940.007.65 $4,190,356.51 $7,7 651.14 $3,103,453.07 $1,086,903.44 $1,775,670.07 $4,807,498.54 $1,166,482.53
22 CM CONTINGENCY 3.5% $417.900.27 $146,662.48 $271,237.79 $108,620.86 $38,041.62 $62,148.45 $168.262.45 $40,826.89
23 SUBTOTAL#3-ADD CM CONTINGENCY $12,357,907.92 $4,337,018.99 $8,020,888.93 $3,212,073.93 $1,124,945.06 $1,837,818.52 M,975,760.98 $1 207 309.42
24 BONDS 20% $238.800.15 $83,807.13 $154.993.02 $62,069.06 $21,738.07 $35,513.40 $96,149.97 $23,329.65
25 SUBTOTAL#4 W/BOND $12,596,708.07 $4,420,826.12 $8,175,881.95 $3,274,142.99 $1,146,683.13 $1,873,331.92 $5,071,910.96 $1,230,639.07
26 PROJECT SPECIFIC LIABILITY INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
{ 27 COC/BUILDER'S RISK INSURANCE ($32,000 IF REQUIRED) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
j 28 SUBTOTAL#5 COC/BUILDER'S RISK INSURANCE $12,596,708.07 $4,420,826.12 $8,175,881.95 $3,2741142.99 $1,146,683.13 $1,8 73 331.92 $5,071,910.96 $1,230,639.07
29 DESIGN CONTINGENCY 3% $377.901.24 $132,624.78 $245,276.46 $98,224.29 $34,400.49 $56,199.96 $152.157.33 $36,919.17
30 SUBTOTAL#6 $12,974,609.32 $4,553,450.90 $8,421,158.41 $3,372,367.28 $1,181,083.62 $1,929,531.88 $5,224,068.28 $1,267,558.24
31 ESCALATION 3% $389.23828 $136.603.53 $252.634.75 $101,171.02 $35,432.51 $57,885.96 $156.722.05 $38,026.75
32 TOTAL $13,363,847.60 $4,690,054.43 $8,673,793.16 $3,473,538.30 $1,216,516.13 $1,987,417.84 $5,380,790.33 $1,305,584.99
33
34 TOTAL AMOUNT
35 BLDG A BLDG A TENANT IMPROVEMENT SITE BLDG 8 BLDG 8 TENANT IMPROVEMENT
36 26,574 SF $502.89
37 10,220 1 320.371 10,220 1 112.20 116354 1 310.13 16,354 1 75.25
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Ruben Castro Human Services Center 116/09 Page 2 Estimate by Barnhart-Heery,Inc.
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EXHIBIT B
RUBEN CASTRO HUMAN SERVICE
CENTER ACCLERATED SUBMITTALS
Dates subject to
change
Discipline Required BP Description rotect won t bid UrI i
&Premium Time No. Submittals to be Reviewed Dale and Time
H Architect(0-hr) 2 Grading and Paving Asphaltic Concrete Paving,Asphalt Paint,Wheel Stops,Site Monday, May 4,
PY1
2 Signage 2009 8AM
6 Structural Steel and No listing of concrete reinforcinr_,steei,for the various footings.
TMAD states...
This can not Miscellaneous Metals, structural slabs and stepped walls.stem walls and piles
he reviewed in Metal Decking, Fences Structural Steel Embed Shop Drawings,Structural Steel Shop
the timeframe and Gates-Ornamental Drawings,Metal Deck Shop Drawings and Material,Ornamental Monday,May 4,
si,guested.
Metal Metal Shop Drawings, Handrail Shop Drawings 2009 9AM
L'Vili require 3-4 5 Concrete,CMU,Site Concrete Mix Designs,CMU and CMU Veneer Materials,Grout,
days of review Furnishings Concrete Slab Vapor Emissions Treatment Product,Concrete Monday,May 4,
time to
complete. Sealer, Precast Site Furnishings, Bicycle Racks 2009 1PM
Architect(3-hr.) 16 Electrical Electrical Equipment Product Data and Shop Drawings, Electrical Tuesday,May 5,
-' Electrical(0-hr.)
A 3 Identification Product Data, Light Fixtures Product Data 2009 8AM
V Architect(3-hr.) 4 Site Utilities and Building Plumbing Materials(Water, Fire,Sanitary Sewer,Storm Drain, Tuesday, May 5,
{l Plumbing(4hr.}
3 Plumbing Gas),Plumbing Fixtures,Sheet Metal Flashing,Water Heater 2009 10AM
Architect(3-hr.) 15 HVAC and Fire Sprinklers HVAC Equipment Product Data and Shop Drawings,Mechanical
Mechanical(0-hr.) Identification Product Data,Equpment Curb Product Data and
l'
�- Shop Drawings,Boiler Product Data and Shop Drawings,Testing Tuesday,May 5,
N '
3 and Balancing Procedure 2009 1PM
H Architect(4-hr.) 12 Finishes Framing, Drywall,HM Frames/Windows, Door Shop Drawings,
Paint Product Data and Color Samples,Graffiti Resistant Coatings, Wednesday,May
` ? Hardware Submittal 61 2009 8AM
TM requires(.3) 3 Landscape and Irrigation Landscaping,Soils Testing,Controller,Bark Mulch, Decomposed Wednesday,May
i day turn around Granite 612009 1PM
Architect(0-hr.) 7 Rough Carpentry Thursday, May 7,
H 2 Trex Material Product Data and Shop Drawings 2009 8AM
M Architect(0-hr.) g Finish Carpentry, Thursday,May 7,
C Req.'s a full Casework 2009 9AM
day to review [:2 Casework Shop Drawings,Product Data
Architect(0-hr.) 9 Roofing Roofing Insulation and Roofing System Product Data,Walkway Thursday,May 7,
l 2 Pad Product Data 2009 10AM
10 Sheet Metal Roofing,
Architect(2-hr.) Sheet Metal,Skylights Thursday,May 7,
F and Roof Accessories Sheet Metal Roofing Product Data,Skylight Product Data 2009 IPM
11 Glass&Glazing;
At (1-hr.) Aluminum Frames,
Aluminum Shop Drawings,Glazing Shop Drawings,Aluminum Friday, May 8,
I _ Storefronts Hardware Submittal 2009 8AM
7'
Architect(1-hr.) 13 Flooring Ceramic Tile Product Data,Quarry Tile Product Data,Rubber Base
and VCT Product Data, Rubber Tile Flooring Product Data,Sheet Friday, May 8,
IdCarpeting Product Data 2009 10AM
(14)Additional Hours @$170.001 hour= $2380
Ruben Castro Human Services Center
City of Moorpark Page 6 of 47 00150 Division of Work
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14 Specialties Display Board Product Data and Shop Drawings,Signage Shop
S Architect io-hr.} Drawings,Toilet Accessories Product Data and Shop Drawings,
Flagpole Product Data and Shop Drawings,Fire Extinguisher and
T
4_ Fire Extinguisher Cabinet Product Data and Shop Drawings;Roller Friday, May 8,
Shades Product Data and Shop Drawings 112009 1PM
Meeting at the Site Mh:tir':I l it)"),I!lr
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