HomeMy WebLinkAboutPW 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
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3
4
5
6
7
9
10
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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