Title
Recommendation to Authorize the City Manager to Execute a First Amendment with Marcy Wong & Donn Logan Architects, to Increase the Compensation in an Amount Not to Exceed $241,132 for a Total Compensation Not to Exceed $1,945,867 for Architectural and Engineering Services for the Seaplane Lagoon Ferry Terminal and to Correct an Error in the Stated Name of the Provider. (Base Reuse 819099)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMARY
Authorize the City Manager to amend the Service Provider Agreement with Marcy Wong & Donn Logan Architects (MWDL) to increase the compensation under the agreement by $241,132, including $31,452 for contingency, due to unanticipated design changes required by City of Alameda (City) departments and outside regulatory agencies and unknown site conditions, both on the landside and waterside portions of the Seaplane Lagoon Ferry Terminal project.
BACKGROUND
On March 6, 2018, the City Council authorized the City Manager to enter into an agreement with MWDL in the amount of up to $1,604,676, with a $100,059 contingency, for a not-to-exceed amount of $1,704,735 (Exhibit 1).
Between April and July 2018, the City obtained all required City approvals from the Planning Board and Historical Advisory Board with a number of design iterations for the terminal canopy, pier lighting, glass walls, benches and security gate. Also during this time period, the MWDL team submitted permit applications to various State and Federal agencies to begin the several months-long process for approval of the project.
On September 4, 2018, the City Council approved the updated Seaplane Lagoon Ferry Terminal Plan and procurement of the ferry terminal float and construction of the waterside and landside improvements, based on the 30% designs.
DISCUSSION
Since the approval of the project, the design scope of work has expanded due to a number of additional services requested by the City and others due to new regulatory requirements and construction methods. The fee proposal and amended scope of work under the MWDL contract is included as Exhibit 2 and includes: an expedited schedule for procurement of the float; design changes requested by the Bay Conservation Development Commission after initial approval; design of electric vehicle chargers that were originally not required; canopy, railing and ramp design changes by the Planning Board and Historical Advisory Board; and hiring of additional sub-consultants to assist the City in design recommendations. Funding for construction administration due to changes in construction methods and regulatory requirements has also increased as described in Exhibit A of the amendment.
In addition, the original agreement with MWDL stated the firm’s name incorrectly. The first amendment to the contract corrects this scrivener’s error by changing the name from Marcy Wong Donn Logan to Marcy Wong & Donn Logan Architects, effective as of the date of the first amendment to the Agreement. The first amendment also causes MWDL to ratify the agreement and actions taken in accordance with it from and after the original agreement date.
ALTERNATIVES
• Approve change order in the amount of $241,132.
• A no action alternative or approving less than the recommended amount would require staff to evaluate an alternative to the change order request and my delay the project Sub-consultants with specific expertise related to marine, civil, electrical and geotechnical engineering, architecture, plant and wildlife ecology are needed to assure the construction is consistent with the plans and permit approvals.
FINANCIAL IMPACT
Budget for the project is included in the Capital Projects Fund (Fund 310), Project 91814, Seaplane Lagoon Ferry Terminal, which includes $22,000,000 from four different funding sources and additional funding previously allocated. Sufficient funding is available in the project budget to approve the contract amendment.
The City Council previously approved the original contract and the contract amendment is presented below:
|
Contract |
Approval Date |
Authorized Amount |
Expended to Date |
|
Original Contract |
3/6/2018 |
$1,704,735 |
$1,285,040 |
|
1st Amendment |
|
$ 241,132 |
$0 |
|
TOTAL |
|
$1,945,867 |
$1,285,040 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the updated Ferry Terminal Plan approved on September 4, 2018, and is consistent with the Community Reuse Plan, the General Plan, and Waterfront and Town Center Plan for Alameda Point.
ENVIRONMENTAL REVIEW
For purposes of compliance with the provisions of the California Environmental Quality Act, on April 5, 2016, the City of Alameda adopted an Addendum to the Certified Final Environmental Impact Report for the Alameda Point Project for a new Ferry Terminal at the Seaplane Lagoon at Alameda Point.
RECOMMENDATION
Authorize the City Manager to execute a first amendment to the agreement with Marcy Wong & Donn Logan Architects to increase the compensation in an amount not to exceed $241,132 for a total compensation not-to-exceed $1,945,867 for architectural and engineering services for the Seaplane Lagoon Ferry Terminal and to correct an error in the stated name of the provider.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the requested Change Order for the design and engineering services for Seaplane Lagoon Ferry Terminal.
Respectfully submitted,
Debbie Potter, Community Development Director
By:
Michelle Giles, Base Reuse Manager
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Original Contract
2. First Amendment