The County of Santa Clara
California

Agreement/Amendment
67892
Approved as Amended
Jun 25, 2013 9:00 AM

Consider recommendations relating to Agreements and Professional Service Agreements (PSAs) for the Seismic Safety Program (SSP) and other Santa Clara Valley Health and Hospital System (SCVHHS) projects.

Information

Department:Facilities and Fleet DepartmentSponsors:
Category:Agreement

Multiple Recommendations

Possible action:
a. Authorize increase in the Supplemental Work Allowance (SWA) for the Services Building Replacement for Hensel Phelps Construction Co., in the amount of $8,000,000 for a new total SWA of $16,118,767 and a new total encumbrance of $69,900,000.
b. Authorize increase in the SWA for the Access Control and Closed-circuit Television (CCTV) systems for Santa Clara Valley Medical Center (SCVMC) Bed Building 1, Services Building Replacement, and upgrade of the SCVHHS Campus Project for Comtel Systems Technologies Inc., in the amount of $540,000 to a new SWA of $1,030,000, and a new total contract encumbrance of $5,933,786.38.
c. Approve Agreement with CMSI relating to providing move management and related services in an amount not to exceed $700,000 for period June 25, 2013 through December 31, 2015, that has been reviewed and approved by County Counsel as to form and legality.
d. Approve Agreement with Pivot Interiors, Inc., relating to providing furniture and related services for the SSP projects in an amount not to exceed $7,000,000 for period June 25, 2013 through June 25, 2017, that has been reviewed and approved by County Counsel as to form and legality.
e. Approve Seventh Amendment to Agreement with Affiliated Engineers, Inc., relating to providing professional building system commissioning and related services for SSP projects increasing the maximum contract amount by $350,000 from $1,052,647.50 to $1,352,647.50 and extending the Agreement for a 24-month period through June 30, 2015, that has been reviewed and approved by County Counsel as to form and legality.
f. Approve Eleventh Amendment to Agreement with TEECOM Design Group relating to providing professional technology construction management, telecommunication, network, security, and audiovisual design and engineering consulting services for SCVMC, including the SSP projects, increasing the maximum compensation limit by $1,400,000 from $1,261,475.33 to $2,661,475.33, and extending the Agreement for a 24-month period through June 30, 2015, that has been reviewed and approved by County Counsel as to form and legality.
g. Approve Fifth Amendment to Agreement with Consolidated Engineering Laboratories relating to providing professional special inspection and testing services for SSP projects increasing the maximum contract amount by $600,000 from $2,904,950 to $3,504,950, that has been reviewed and approved by County Counsel as to form and legality.
h. Approve Second Amendment to Agreement with Anderson-Brule Architects, Inc., relating to providing professional architectural, engineering, and related professional design services for the SCVHHS, increasing the maximum contract amount by $200,000 from $1,048,000 to $1,248,000 and extending the Agreement for a six-month period through December 31, 2014, that has been reviewed and approved by County Counsel as to form and legality.
i. Approve delegation of authority to Director, Facilities and Fleet Department, or designee, to be the Owner's Authorized Representative to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to PSAs, including issuance of Project Agreements for services during the term of the PSAs, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire concurrent with the term of the PSAs.

Body

FISCAL IMPLICATIONS

There is no impact to the County General Fund or the Enterprise Fund as a result of these actions. The funds associated with the actions have been allocated by the Board to the Seismic Safety Program (SSP) within the Santa Clara Valley Medical Center (SCVMC) Capital budget.

CONTRACT HISTORY

Hensel Phelps Construction Company (Hensel Phelps)

Through a competitive qualifications based selection (QBS) process, on February 8, 2011, Item 19, the Board awarded the Services Building Replacement design-build contract to Hensel Phelps Construction Co. in the amount of $53,781,233, and authorized a Supplemental Work Allowance (SWA) of $8,118,767 for a total encumbrance of $61,900,000. The final completion of the project was established as July 17, 2013.

Comtel Systems Technologies Inc. (Comtel)

Through a competitive QBS process, on April 3, 2013, Item 16, the Board of Supervisors awarded a contract for the installation of Access Control and CCTV systems for the Bed Building 1, the Services Building Replacement, and upgrade of the VMC campus facilities located at 751 South Bascom Avenue, to Comtel Systems Technology Inc. in the amount of $4,903,786, and authorized a Supplemental Work Allowance (SWA) of $490,000 for a total encumbrance of $5,393,786.38. The Agreement expires on May 16, 2015

CMSI

The an informal and competitive QBS process, on October 31, 2006, a Service Agreement was executed with CMSI in the amount of $85,000 to support the move management associated with the Valley Specialty Center. The agreement has been amended six times through the County’s Master Contract List (MCL) to increase the maximum compensation and extend the term of the agreement to support SSP and other County projects. The maximum contract limit for the CMSI agreement is $1,585,000 and the Agreement expires on June 30, 2013.

Affiliated Engineers, Incorporated (AEI)

Through a competitive QBS process, on May 20, 2008, the Board authorized a Professional Services Agreement (PSA) with AEI in the amount of $250,000 with an expiration of June 30, 2009 to provide engineering services and building commissioning for SSP related projects. The agreement has been amended five times through the County’s MCL to revise the maximum compensation and extend the term of the agreement. The maximum compensation limit thru Amendment 6 is $907,830 and expires on June 03, 2013.

TEECOM Design Group (TEECOM)

Through a competitive QBS process, on September 15, 2006, the Director of Procurement executed a Service Agreement in the amount of $86,300 with TEECOM Design Group to provide telecommunication engineering services for Santa Clara Valley Health and Hospital System (SCVHHS). These services included design, bidding assistance, and construction management services for SCVHHS and the Valley Specialty Center project. The agreement has been amended nine times through the County’s MCL to revise the maximum compensation and extend the term of the agreement. The maximum compensation limit is $1,261,475.33 and the Agreement expires on June 30, 2013.

Consolidated Engineering Laboratories (CEL)

Through a competitive QBS process, on June 24, 2009, the Board approved a Professional Services Agreement with Consolidated Engineering Laboratory (CEL) with a maximum compensation limit of $1,350,000 to perform code required special inspection and material testing services for SSP projects. On May 24, 2011, the Board approved the First Amendment that increased the maximum compensation limit to $1,850,000 and extended the term to December 2013. On July 29, 2011, the Second and Third Amendments were approved on July 29, 2011 and August 21, 2012, respectively, adjusting CEL’s hourly rates to be consistent with prevailing wage. On October 9, 2012, the Board approved the Fourth Amendment to align the term of the PSA with the construction schedules of the SSP projects.  The Agreement expires on June 14, 2015.

Anderson- Brulé Architects, Inc. (ABA)

Through a competitive QBS process, on March 23, 2010, the Board of Supervisors approved a PSA with ABA for architectural services for building upgrades at Valley Health Center Bascom (VHC Bascom) in a not-to-exceed amount of $798,000.  On June 5, 2012, the Board approved the First Amendment (LF61498) that increased the maximum compensation limit to $1,048,000 and extended the term to June 30, 2013. Compensation was increased at that time to allow the firm to provide Design Services for the OBGYN Clinic on the 3rd floor of VHC Bascom. The term was extended to allow the firm to continue Contract Administration services for the original grant-funded projects then under construction.

REASONS FOR RECOMMENDATION

The 2008 Measure A Seismic Safety Program projects continue toprogress. The Bed Building 1 project is estimated to be completed in late 2014.  The Services Building Replacement (SBR) is estimated to be completed in September 2013, while the tunnel connecting the SBR to New Main is estimated to be completed in February 2014.

a.     Increase in SWA for Hensel Phelps

Since the start of the projects, several conditions have been encountered that necessitate that additional contingency funds be moved to the SWA of the contract, Significant unforeseen conditions include mitigation of the Potter’s Field and managing underground obstructions and changed conditions related to the relocation of fire water, domestic water lines, the tunnel, upgrading electrical site utilities.  In addition, there are related delays with these aforementioned.

b.     Increase in SWA for Comtel

The Comtel project allows for the necessary construction and installation of the Access Control and CCTV system for SCVMC Bed Building 1, Services Replacement Building, and upgrade of the SCVHHS campuses. It was determined during the bidding phase that the security cabling portion of the project for Bed Building 1 would not be included in this contract, but instead added as a supplemental change order to the main infrastructure cabling contractor to realize a savings due to economy of scale. The main infrastructure cabling contractor has declined the work reportedly because of the economy has improved. The SWA increase is needed to allow Comtel to install the security cabling in Bed Building 1 and to keep the project on schedule.

c.      Approve the Professional Services Agreement (PSA) with CMSI

The approval of this PSA will enable CSMI to provide continued move management services associated with personnel, furniture, equipment, phones and computers for SCVHHS primarily in support of SSP projects. The of the County’s needs gained through previous health facilities projects and their current work on Bed Building 1and the Services Building Replacement make CMSI’s continued involvement economical when compared with other providers for occupancy and activation of these facilities. This is a project-specific service that is intended to be completed upon the activation of Bed Building 1 and the decanting of personnel from Old Main Hospital.

d.     Approve Agreement between the County of Santa Clara and Pivot Interiors, Inc.

On June 8, 2010, the Board of Supervisors approved the selection of Herman Miller as the furniture standard for the Seismic Safety Program projects. This was done following a selection process performed by County SSP staff. Eight manufacturers of furniture for hospital environments were invited for review, comparison and evaluation. The eight manufacturers included Knoll, Herman Miller, Steelcase, Haworth, Teknion, Kimball, Kl, and Allsteel. For all eight manufacturers, equivalent levels representing high, medium and low cost categories were identified. The mid-range quality level was used for the assessment. Systems were evaluated on a set of categories: technical specifications, healthcare experience, overall material quality, “eco-friendly” characteristics, and aesthetics. The top two manufacturers selected as finalists were Knoll and Herman Miller. To allow side-by-side comparison and field evaluation, both Knoll and Herman Miller were invited to produce systems mock-ups and pricing studies for a typical (2) cluster nurse station and a typical clinical office. Upon completion of mock-up evaluations, the two manufacturer/vendor teams were asked to provide a list of California OSHPD completed projects, sample OSHPD anchorage details and client references. Herman Miller was the decisive leader having demonstrated extensive hospital experience and proven product durability in the clinical environment. Subsequently, SSP staff negotiated pricing with Pivot Interiors, Inc. (Pivot), who is Herman Miller’s authorized distributor in Santa Clara County. During the negotiations, SSP staff utilized the entire SSP scope to leverage the best possible pricing from Pivot. This resulted in a increase in the discount from Herman Miller of approximately six (6) percent better that the recently executed US Communities Government Purchasing Alliance.

e.      Approve Sixth Amendment to the PSA with AEI

This PSA amendment is needed to add funds and extend the term for commissioning services to coincide with SSP project schedules.

f.       Approve Eleventh Amendment to Agreement with TEECOM Design Group

This Eleventh Amendment to the Service Agreement is needed to add funds and extend the term to provide continued technology construction management, telecommunication, network, security, and audiovisual design and engineering consulting services primarily in support of the SSP projects. Their current work on BB1 and the SBR make TEECOM’s continued involvement essential as VMC moves forward with plans for occupancy and activation of these facilities.

g.     Approve Fifth Amendment to the PSA with CEL

This PSA amendment is needed to add funds and extend the term for special inspection and testing services to coincide with SSP project schedules.

h.              Approve the Second Amendment to Agreement with ABA

In FY 2013, the County provided additional funding to proceed with the clinic. The Second Amendment will extend the term of ABA’s contract to allow them to provide bidding assistance and construction administration and allow ABA to provide services necessary to complete all of the current projects at VHC Bascom. Of note, the original project authorization for construction of an OBGYN clinic on the third floor was postponed due to funding concerns. The project was originally funded by the Health Resources and Services Administration (HRSA) Facilities Investment Program (FIP) grant.

i.              Delegation of Authority as the Owners Authorized Representative

Authority to negotiate, issue, and amend project agreements under the terms of a Board-approved professional service agreement is required to allow for the timely execution of projects and avoid costly project delays.

CHILD IMPACT

The recommended action impacts the Access to Health Care Indicator. The SBR project improves the overall efficiency of services provided to children and youth since the new kitchen improves the quality of dietary services and the new materials management facility reduces risk of cross contamination of supplies and wastes.

SENIOR IMPACT

The recommended action would have a positive impact on seniors. The SBR project improves the overall efficiency of services provided to seniors since the new kitchen improves the quality of dietary services and the new materials management facility reduces the risk of cross contamination of supplies and wastes.

SUSTAINABILITY IMPLICATIONS

The recommended action would have positive sustainability implications. The SBR project is scheduled to achieve LEED Gold environmental certification and demonstrates the County’s leadership and commitment to environmental stewardship through energy conservation and sustainable design.

BACKGROUND

The 2008 Measure A bonds support the Seismic Safety Program, a series of new construction and/or renovation projects, needed to meet the State's seismic compliance deadlines as specified in SB 1953 and SB 1661 for licensing of hospitals.

Progress on SSP to date includes: the demolition of the McKinnon School; completion of a surface parking lot on the former school site; construction of the 1,400 space 5 level Parking Structure 2; Bed Building 1is 60 percent complete, the Energy Plant expansion at 90 percent complete; construction of the North Loop Utility expansion at 60 percent complete; and construction of the Services Building Replacement (SBR) building at 85 percent complete with the tunnel connecting the SBR to the hospital.

CONSEQUENCES OF NEGATIVE ACTION

The SSP project, including the Bed Building 1 and the Services Building Replacement projects would be delayed increasing costs.

STEPS FOLLOWING APPROVAL

Email notice to Alex.Gallego@hhs.sccgov.org and Ken.Rado@faf.sccgov.org .

Meeting History

Jun 25, 2013 9:00 AM Video Board of Supervisors Regular Meeting

This item was corrected to include the following dollar amounts noted under Item No. 153e: "... $925,830 to $1,275,830" (and not "... $1,052,647.50 to $1,352,647.50").

RESULT:APPROVED AS AMENDED [UNANIMOUS]
MOVER:Dave Cortese, Supervisor
SECONDER:Mike Wasserman, Vice President
AYES:Mike Wasserman, Dave Cortese, Ken Yeager, S. Joseph Simitian