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8.F.
City Council Meeting - FINAL
Meeting Date:
07/03/2018
From:
James Duval, Sr. Project Manager

Information

TITLE:

Consideration and Approval of Contract:  City Court Facility Project - Award of Design Build Services Agreement for the Design Phase of the project.

STAFF RECOMMENDED ACTION:

1)  Award the Design Build Services Agreement to Kinney Construction Services, Inc. of Flagstaff Arizona in an amount not to exceed $1,593,628.00 with a 250 calendar-day contract period; and 
2)  Authorize the City Manager to execute the necessary documents.

Executive Summary:

Kinney Construction Services, Inc. (KCS) was selected by a five-member evaluation committee as the most qualified service provider for the City Court Facility Project  ("City Court Facility" or "Project") pursuant to the evaluation and ranking process per A.R.S. 34-603.

The City entered into fee and scope negotiations for Design Phase Services on May 30, 2018, and reached an agreement with KCS on the fee Structure identified in the Design & Pre-Construction Services Proposal attached as Exhibit B to the Design-Build Services Agreement.
 
During the Design Phase of the Project, KCS, acting as the City’s Design-Builder, will facilitate the facility programming effort and their contracted architect and sub-consultants will prepare construction ready building and site plans.  In addition, KCS will obtain all required City of Flagstaff Engineering and Building approvals and permits prior to construction.
 
Near completion of the design, KCS and City staff will negotiate the Guaranteed Maximum Price (GMP) for full construction and delivery of the City Court Facility building.  Upon agreement of the GMP, staff will come before Council with a recommendation for approval of a contract amendment for the construction of the Project.

Financial Impact:

The City Court Facility is currently budgeted in FY19 in the amount of $17,408,403.00 and FY20 amount of $4,009,024.00 anticipated appropriation from the General Government Fund, Account Number 408-09-426-3278-1.

Policy Impact:

Award of the Design-Build Services Agreement will allow KCS to prepare and provide full construction-ready, and City of Flagstaff permitted plans and specifications necessary to provide a GMP for construction of the Project.

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:

Council Goal: Transportation and Other Pubic Infrastructure.
Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.

Flagstaff Regional Plan 2030: Locating Facilities Goals and Policies.
Goal PF.2. - Provide sustainable and equitable public facilities, services and infrastructure systems in an efficient and effective manner to serve all population areas and demographics.
 
Team Flagstaff Strategic Plan: Foster a Resilient and Economically Prosperous City.
Deliver outstanding service through a healthy environment, resources and infrastructure.

Has There Been Previous Council Decision on This:

On April 12, 2016, Council provided staff direction to proceed towards continued coordination with Coconino County to further refine the concept design of co-located Courts Facilities.
 
On June 14, 2016, Council reviewed options for the City Court Facility bond project and directed staff to prepare ballot language for a $12M bond project to be funded through secondary property tax.

Options and Alternatives:

1.  Approve the Design-Build Services Agreement to KCS as presented.
2.  Reject the Design-Build Services Agreement and direct staff to re-negotiate the terms and fee structure with KCS.
3.  Reject the Design-Build Services Agreement with KCS and direct staff to open negotiations with the second highest qualified Design-Builder.
4.  Reject the Design-Build Services Agreement with KCS and direct staff to re-solicit for new Request for Statement of Qualifications.
5.  Reject the Design-Build Services Agreement with KCS and re-scope and re-advertise the Request for Statement of Qualifications for Design-Builder services to remodel and construct additional space at the existing Beaver Street Courts building per the Johnson Walzer Associates (JWA) concept design of 10-28-2014.
6.  Reject the Design-Build Services Agreement with KCS and continue Court operations and City Prosecutor services in the existing facility.

Background and History:

The physical condition of the existing City Court building located at 15 North Beaver Street has deteriorated to a point where significant financial resources will be needed to remediate, remodel and stabilize the structure. In addition, the need exists for current and future space to ensure continued operational viability.
 
In April of 2014, staff contracted with JWA, a Flagstaff-based architectural firm, to provide a concept plan and cost estimate to remodel and construct additional space at the existing court's facility.  JWA delivered the concept design to the City on October 28, 2014.  Upon review of the concept design report, staff determined that the City's best interest would be served by the construction of a new facility.
 
On April 12, 2016, staff came before Council to discuss the strategy for a new City Court Facility.  As noted above, staff and Council had previously agreed that the most cost-effective solution would be to design, finance and construct a new City Court Facility.  At this meeting Council directed staff to return in June 2016, and present a proposed ballot question for funding and financing of a new City Court Facility.
 
On July 05, 2016, staff came before Council with the Consideration and Adoption of Resolution No. 2016-27.  This Resolution would allow Council to adopt an official ballot question to be submitted to qualified electors of the City of Flagstaff.  This ballot question asked the citizens of the City of Flagstaff to approve a temporary increase in the City’s secondary property tax and authorize the sale and issuance of bonds for purposes of constructing a new City Court Facility.  Council adopted the Resolution and the question was placed on the ballot for the election of November 08, 2016. The ballot question was approved.
 
On April 01, 2018, the City advertised a Request for Statement of Qualifications from Arizona Registered Contractors for the qualification-based selection of a Design-Builder to provide design and construction services for the City Court Facility.
 
On April 23, 2018, the City received eight responses to the Request for Statements of Qualifications.  A five-person evaluation committee was formed, the Statements of Qualifications received were evaluated and the committee selected 3 firms for interviews.  Upon the completion of the interviews, the committee selected KCS as most qualified Design-Builder to perform the work.

Key Considerations:

The new City Court Facility will be located on property owned by the City located at 101 W. Cherry Avenue.  The existing building at this location is occupied by various City staff (Building and Safety, Sustainability, I.T. Lab, Environmental Inspection).  The Space Planning Committee is currently developing a strategy and timeline to relocate these City staff from the existing building.

To meet City of Flagstaff Zoning Code-Title 10, parking capacity requirements, the existing City Court located at 15 N. Beaver Street and the City Prosecutor’s Offices located at 107 W. Aspen Avenue will need to be demolished.  The new City Court Facility will also be designed to provide parking.  The combined parking at these two parcels will meet the Zoning Code requirements for parking capacity.
 
Staff anticipates that the new Courts Facility will be three stories in height and based on approximately 30,000 gross square feet.  The structural and mechanical elements will be designed and constructed to add a fourth floor in the future if needed.  

The scope of work with KCS includes public and neighborhood outreach during the design phase to inform the community of progress and allow public comment.

Community Benefits and Considerations:

Funding for the project is as follows:
 
Prop 412 Voter Approved Courts Project Funding
 
Bonds                                                        $12,000,000
Sale of Beaver Lot                                    $ 2,000,000
**Identified Funding (Courts Fees)           $ 7,500,000
Total                                                        $21,500,000
                       
**Identified Funding                                                
Court Fees                                              $2,080,000
Sale of Fire Station #1                            $   520,000
Re-development Fund                            $   500,000
Capital Funding Transfer                        $   400,000
Capital Financing                                    $4,000,000
Total                                                        $7,500,000

The sale of the Beaver Street lot will not be included in the budget for this Project as this parcel will need to be used for surface parking in order to meet the City's Zoning Code requirement for parking capacity.  The total Project budget for the delivery of a new City Court Facility is $19.5M.

Community Involvement:

The new City Court Facility will provide a safe and efficient building that will eliminate the need to repair and remodel the existing Court and will also provide much needed working space for the City Court staff and Prosecutor’s Office.

Expanded Options and Alternatives:

There have been multiple Council meetings to discuss the City Court Facility over the course of the last three years, in addition to, multiple public meetings prior to the ballot question of 2016.
 
Also, the scope of work with KCS includes public and neighborhood outreach during the design phase to allow public comment.
 

Attachments