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PW Essential Facilities Project Management MMA; Amendment 1AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARY McGRATH ARCHITECTS FOR ARCHITECTURAL AND DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES THIS AMENDMENT to Professional Services Agreement is made and entered into this day of , 2017, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARY McGRATH ARCHITECTS, a California Corporation, (hereinafter "CONTRACTOR") RECITALS WHEREAS, on July 20, 2015, the City of San Rafael approved an Essential Facilities Strategic Plan, which included a total budget of $9,956,805 for design phase services for the three Phase 1 projects (Public Safety Center (PSC) and Fire Stations 52 (FS 52) and 57 (FS 57)) of the Essential Facilities Strategic Plan. Within this overall budget, there was a line item budgeted amount for design contingency of $515,658; and WHEREAS, on October 1, 2015, in furtherance of the Essential Facilities Strategic Plan, the CITY and CONTRACTOR entered into that certain "Agreement for Professional Services for Architectural and Design, Bidding, and Construction Administration Services" on the Phase 1 Essential Facilities projects, for an amount not -to -exceed $5,345,132; and WHEREAS, the negotiated contract amount of the Agreement did not include any of the design contingency funds budgeted for the Essential Facilities projects; and WHEREAS, during the early design phase of the Phase 1 projects, in order to advance numerous project objectives, the City Council's Facilities Subcommittee made certain strategic decisions affecting the management of the projects, including separating the projects into two parts for bidding purposes, and separating the demolition and hazardous materials abatement portion of the projects from the construction phase; and WHEREAS, the strategic decisions by the Facilities Subcommittee, while proving valuable to the City, have resulted in a need for additional services by CONTRACTOR; and WHEREAS, by Resolution No. 14332, adopted on May 15, 2017, the San Rafael City Council approved an amendment to the Agreement to provide for the additional required services, to be funded by a portion of the available design contingency funds; Lr_ 3 -'552- AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby amended to additionally include the services described in CONTRACTOR's proposal letter dated May 10, 2017, attached hereto as Exhibit A, and incorporated herein by reference. 2. Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include an additional amount of compensation to CONTRACTOR in the sum of up to $274,245 for additional services to be performed pursuant to this Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $5,619,377. 2. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in force after this amendment. IN WITNESS WHEREOF, the parties have executed this Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL MARY McGRATH ARCHITECTS By: .a By: - JIM SCHUTZ, City Manager MARY MCGRATH, President ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: Fi57 -L--k 6 ROBERT F. EPSTEIN, . ty Atto ey 2 &A - o nfur i : V 14 t i l:, 4 1. r:[ I "I , 1, 1 1 May 10, 2017 Ms. Crlstlne Alllovich Assistant City Manager San Rafael City Hall 1400 Fifth Avenue, Room 203 San Rafael, California 94915-1560 Re: Public Safety Center Construction Document Completion Dear Ms. Alllovich; Below Is our fee proposal for the added scope of services Incurred by Mary McGrath Architects for the Phase 1 Projects of the Essential Facilities Strategic Plan. The attached spreadsheet with back-up documentation shows the breakdown of the hours, rates and Consultant Fees. A summary of the added scope of work is as follows: 1. Item 1- Site Revisions at Station 57: In order to avoid wetland mitigation issues and potential CEQA delays the design team redesigned the site layout to develop a solution that avoided the wetlands. This required a new grading and drainage plan and new lease exhibit survey. Total fee for this work is $12,555. A portion of this cost will be reimbursed by the County. 2. Items 2, 3 and 4 - Early Demolition Design Drawings: In an effort to reduce the risk to the building contractor for unforeseen site conditions and delays, the City elected to separate the demolition project from the main building project at all three project sites. MMA provided a fee proposal for these added sets of construction documents and included credits back for the demolition work planned In the original scope of work. The added scope includes a new site topographic survey to document the new site conditions at each site and support during a separate construction phase. The total fee for this work is $98,150. 3. Items 5, 6 and 7 - Value Engineering: The City elected to participate in a Value Engineer exercise to evaluate the systems selections that were made in the early stages of the design and find areas of the building design that could be engineered more cost effectively with a mitigated Impact to the project goals. Scope Included a day long work session, study of potential solutions, cost analysis and Implementation of the selection options into the next level of design. The VE reductions approximated $1M in savings. The total fee for this work Is $130,240. 4. Item 8 — The Temporary Site for the Fire Station 51 engine company was Initially designed in August of 2015. The program requirements for the site changed and a new site plan was re - engineers in April of 2017. This new engineering work was performed for a total fee of $4,600. S. Item 9 and 10 — Early in the project, the City Sustainability Office working with PG&E had identified that the Phase I projects would be eligible for rebates through the "Savings by Design" program. This fee proposal Is for the time required to prepare the design documents that are required for the rebate application and follow-up with PG&E to develop the maximum rebate possible. The total fee for this work is $13,200. 1112 BROADWAY, SUI IE 401 o OAKLAIID. CALIFOR111A 94612 , 0 510 208 9400 WWW MARYMCGRATIIARCIIITECTS COM Item 11— PG&E changed the main service location (Identified a year ago) from West on 4'h street to North on Union St. The civil engineer was required to re -design the site improvement plan to accommodate this change after they were complete. fortunately, the change in direction from PG&E results in less off-site work for the City and will save $40 to $50K in trenching and repaving cost. The total fee for this revision is $5,500. Item 12 — In order to generate additional value engineering options for the PSC, the City Management team authorized the PSC structural engineer to study the design opportunities and constraints of changing the upper floor structural system from a masonry shear wall system to a metal stud and plywood sheer wall system. This resulted In an overall reduction of the weight of the building that allowed the foundation system to be simplified. The fee for this work was $10,000. This resulted in about $500,000 in VE cost reductions according to the latest estimate prepare by Saylor Consultants. Thank you for the opportunity to provide these services. If you have any questions, please do not hesitate to contact our office. Sincerely, Mary C. McGrath ,Yri 7&oh- - President Mary McGrath Architects -2- CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Cindy Ray Extension: 5326 Contractor Name: Mary McGrath Architects Contractor's Contact: Mary McGrath Contact's Email: mmcgrath@marymcgratharchitects.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor lick here to ❑ enter a date. b. Email contract (in Word) & attachments to City Click here to Atty c/o Laraine.Gittens@cityofsanrafael.org enter a date. ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 6/5/2017 ® LAG and return to Project Manager 6/5/2017 X LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 6/5/2017// ❑ contractor for their signature 4 Project Manager When necessary, * contractor-siened agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 06/16/2017 Attorney with printed copy of this routing form i 6 City Attorney Review and approve hard copy of signed dol I" fJ agreement 1 7� 7 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager I �� 3� r -7