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HomeMy WebLinkAboutCC Resolution 14623 (Essential Facilities Consultants Contract Amendments - Mary McGrath)RESOLUTION NO. 14623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO ALLOCATE DESIGN CONTINGENCIES PREVIOUSLY APPROVED IN THE ESSENTIAL FACILITIES STRATEGIC PLAN BUDGET AND TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS (MMA) FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (FIRE STATION 52 AND FIRE STATION 57) AS NECESSARY FOR ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $60,324. WHEREAS, in November 2013, the local voters passed Measure E, a three-quarter cent transactions and use tax with a term of twenty years. This tax supplanted the former, one-half cent transactions and use tax (Measure S), effective April 1, 2014; and 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 September 21, 2015, the City Council authorized the City Manager to execute, on behalf of the City of San Rafael, Professional Services Agreements with Mary McGrath Architects (“MMA”) for architectural and design, bidding, and construction administration services and with Kitchell CEM, Inc. (“Kitchell”) for project management and pre -construction services for the Phase 1 projects; and WHEREAS, the negotiated contract amounts for the MMA and Kitchell agreements were less than the amount budgeted for them in the Essential Facilities Strategic Plan, resulting in an unallocated project savings of $1,297,396; and WHEREAS, the professional services agreement was approved and executed with MMA to provide design, bidding, and construction administration services for the Phase 1 Essential Facilities projects in the amount of $5,345,132; and WHEREAS, on May 15, 2017 the City Council authorized the City Manager to allocate design contingencies previously approved in the Essential Facilities strategic plan budget to amend the professional services agreement with MMA. Upon completion of the amendment, the total contract value of the MMA contract became $5,694,377; and WHEREAS, the total balance of project savings that remained unallocated after amendments to MMA’s and Kitchell’s contracts on May 15, 2017, ($9,956,805 less $9,246,129) was $710,676; and WHEREAS, during the construction phase at FS 57, unforeseen conditions were discovered during deep utility excavation activities to prepare for the new building foundation; this unforeseen and unavoidable condition delayed the contractor and extended the Fire Station project completion date; and has resulted in a need for additional services by MMA; and WHEREAS, the overall Phase 1 project completion date is anticipated to extend beyond the June 30, 2019 termination date of the MMA agreement into 2020; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 2 1.The City Manager is hereby authorized to allocate available design contingency funds and to execute an amendment, in a form to be approved by the City Attorney, to the Professional Services Agreement with Mary McGrath Architects, for necessary additional services in the amount of $60,324, for a total not-to-exceed contract amount of $5,754,701, and to exercise the original contract option to extend the term of the Agreement through June 30, 2020. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 22th day of January 2019 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Bushey, Colin, Gamblin & Mayor Phillips COUNCILMEMBERS: None COUNCILMEMBERS: McCullough ______________________________ LINDSAY LARA, City Clerk