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PW Essential Facilities Project Management MMA; Amendment 2SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARY MCGRATH ARCHITECTS FOR ADDITIONAL SERVICES RELATED TO PHASE 1 ESSENTIAL FACILITIES PROJECTS (FIRE STATION 52 AND FIRE STATION 57) THIS SECOND AMENDMENT to Professional Services Agreement is made and entered into this ZZ day of 36,10kA& tl , 2019, 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 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 CONTRACTOR for architectural and design, bidding, and construction administration services for the Phase 1 projects; 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, in the amount of $5,345,132 (the "Agreement"); 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 Agreement. Upon completion of the amendment, the total contract value of the Agreement became $5,694,377; 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 CONTRACTOR and extended the Fire Station project completion date; and has resulted in a need for additional services by �dIVAL CONTRACTOR; and WHEREAS, by Resolution No. 14623, adopted on January 22, 2019, 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; 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 January 10, 2019, 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 $60,324, for additional services to be performed pursuant to this Second Amendment as described in Exhibit A attached, thereby increasing the total contract compensation to a not -to -exceed amount of $5,754,701. 3. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended to extend the term of the Agreement for an additional 12 months, ending on June 30, 2020. 4. 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. 2 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Professional Services Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL I 0�w J TZ i ty Manager ATTEST: --�2r �� LINDSAY LARA, City Clerk APPROVED AS TO FORM: L'--akm"� - 2PE ROBERT F. EPSTElT,4 CityAtt rney CONTRACTOR By: ' L Name: r Title: [If Contractor is a corporation, add signature of second corporate officer] By: Name:% Title: ® Exhibit A January 10, 2019 Ms. Cristine Alilovich Assistant City Manager City of San Rafael 1400 Fifth Avenue, Room 203 San Rafael, CA 94915-1560 Dear Cristine, During the period of soil evaluation and mitigation at Station 57, MMA continued to provide services relating to the general course of construction for Fire Station 57, including: 1. Responding to contractor questions; Participating in weekly on-site construction meetings (vs bi-weekly per MMA's Contract) and reviewing items related to construction progress; Coordinating subconsultant review of submittals and field questions. The soil contamination extended the contract completion date resulting three months of additional CA services: $25,800 Additional tasks that MMA performed related to the soils mitigation at Station 57 included: 1 . Research records related to fuel spill data; Coordinating with City staff related to site research; Participated in multiple conference calls and special on-site meetings to discuss alternatives for moving the project forward: Three special site meetings, two meetings with City staff and two days of record research: $13,800 2. Researched multiple options for redesign of the storm drain system to avoid the contaminated area, including relocating the fire station; Redesign effort by MMA and Sandis: $ 7,800 3. Researched and implemented a re -design of the electrical service from the sub- surface transformer to a pad mounted transformer to avoid the deep trenches necessary to install the sub -grade transformer; Created multiple exhibits for review and approval by the City and subsequent contract document exhibits. MMA and Thoma Electric redesign effort: $12,924 This results in a total add service request of $60,324. Please let me know if you have any questions. Thank you V Mary McGrath, AIA President 1212 OkOADWAY. 5UITE 401 v OAKLAND. CALIFORNIA 94612 0 O 510 208 9400 0 WWW MARYMCGRATHARCHITECTS COM EXHIBIT A 2 3 4 5 6 7 9 10 II P� RAF,q� 4l ci �•, ry w'�rK w`r` 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: DPW _ Project Manager: Faby Guillen _ Extension: 3435 Project Name: Essential Facilities FS 52 & 57 MMA Amendment Contractor's Contact: Mary McGrath Architects Contact's Email: Fabv Guillen RESPONSIBLE DEPARTMENT DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) & attachments to City Attorney c/o Project Manager Laraine.Gittens@cityofsanrafael.org cityofsanrafael.org a Review, revise and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS City Attorney insurance notice to contractor. Approval of final agreement form to send to contractor. (Provide Dept. epartment Director Director Financial Summar), ir/Agreeutenr) Forward three (3) originals of final agreement to contractor for their Project Manager signature. When necessary, contractor -signed agreement agendized for Council approval Citi- Council approval required fru• Pro fessional Services Agreements and Purchases oJ'goodc and senlces that exceed 575,000 andfin- Public Works Project Manager Contracts that exceed S175,000 (E)terdwe oJ'Council ,fleeting) PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of thi Project Manager routing form City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for public works �-3 -52)2, COMPLETED DATE I REVIEWER (Initial 1/31/2019 FG 2/5/2019 LG Attorney contracts) / City ger/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project Z I -15 l y Clerk manager :t Manager I Forward Final Copy to Contractor i