Title
Report regarding resolutions authorizing amendments to the Consulting Services Agreements with Swinerton Management and Consulting and ELS Architecture + Urban Design for the Orange Memorial Park Aquatic Center Project (pk2310). (Philip Vitale, Deputy Director of Capital Projects)
label
RECOMMENDATION
Recommendation
It is recommended that the City Council adopt resolutions authorizing the City Manager or designee to execute a Third Amendment to the Consulting Services Agreement with Swinerton Management and Consulting for construction management in an amount not to exceed $483,945 and a Third Amendment to the Consulting Services Agreement with ELS Architecture + Urban Design in an amount not to exceed $211,429 while extending the ELS term through December 31, 2027 related to the Orange Memorial Park Aquatic Center Project (pk2310)
Body
BACKGROUND/DISCUSSION
On May 11, 2022, the City entered into a Consulting Services Agreement (Agreement) with Swinerton Management and Consulting (Swinerton) for professional construction management services for the Orange Memorial Park Aquatic Center project. A true and correct copy of the Agreement and prior amendments is included as Exhibit A to the associated resolution.
Swinerton began providing preconstruction and construction management services following contract execution. Construction commenced in July 2024 after the City awarded the construction contract to Wickman Development & Construction. On December 31, 2024, the City and consultant entered into a First Amendment to the Agreement extending the date for the services term to December 31, 2026.
On March 2, 2026, the City and Swinerton entered into a Second Amendment which provided additional compensation for the extended construction duration, expanded photovoltaic coordination, a new trash enclosure, landscape enhancements, and installation of an electronic scoreboard.
Since execution of the Second Amendment, construction has continued beyond the anticipated completion schedule. The proposed amendment provides funding for continued construction management services, including contractor coordination, utility coordination, change order review, project scheduling, inspections, and project closeout through completion of the Aquatic Center.
|
Description |
Date |
Amount |
|
Original Agreement |
05/11/2022 |
$1,946,060 |
|
Original Contingency |
05/11/2022 |
$197,906 |
|
Amendment #1 |
12/31/2024 |
$0 |
|
Amendment #2 |
03/02/2026 |
$251,424 |
|
Amendment #3 |
|
$483,945 |
|
|
Total |
$2,879,335 |
On March 9, 2022, the City entered into a Consulting Services Agreement (“Agreement”) with ELS ARCHITECTURE + URBAN DESIGN (ELS) for design and construction observation services for the project. A true and correct copy the Agreement and prior amendments is included as Exhibit A to the associated resolution.
On December 13, 2023, the City and ELS entered into a First Amendment to the Agreement. The First Amendment provided additional design services, including energy and life-cycle analysis, utility easement preparation, landscape modifications, and design refinements necessary to support project development. The First Amendment also extended the contract period end date to December 31, 2025.
On December 15, 2025, the City and ELS entered into a Second Amendment to the Agreement to develop Hazardous Materials Inventory Statement and Hazardous Materials Management Plan, update camera security system, design and construction details for installation of an electronic scoreboard, update the Veterans Memorial Plaza design and extend construction administration (CA) services an additional 7 months. The Second Amendment also extended the contract period end date to December 31, 2026.
Due to construction being extended beyond the original contract duration, ELS and its subconsultants require continued CA services through project completion. Architectural, structural, mechanical, and pool consultant services are nearing completion as Phase 1 concludes, while civil engineering and landscape architectural services will continue through completion of the site improvements, Veterans Memorial Plaza, landscaping, and public improvements associated with Phase 2.
Approval of this Third Amendment will increase the contract value to $4,412,680. The proposed contract amendment of $211,429 covers the remaining balance of services.
|
DescriptionDateAmount |
|
|
|
Original Agreement |
03/09/2022 |
$2,936,542 |
|
Original Contingency |
03/09/2022 |
$293,654 |
|
Amendment #1 |
01/10/2024 |
$328,770 |
|
Amendment #2 |
12/10/2025 |
$642,285 |
|
Amendment #3 |
|
$211,429 |
|
|
Total |
$4,412,680 |
The overall project remains within the approved $49.8M budget.
FISCAL IMPACT
The proposed contract amendments are fully funded within the approved Orange Memorial Park Aquatic Center Project budget. No additional appropriation is required. In FY 2026-27, the project budget was increased by $852,792 utilizing unused bond proceeds from the Orange Memorial Park Sports Field Project (pk2309), providing sufficient funding for the proposed amendments.
RELATIONSHIP TO CITY COUNCIL PRIORITIES ACTION PLAN
This item before the City Council supports the City’s Quality of Life strategic goal by providing improved park and recreational amenities for residents.
CONCLUSION
Staff recommends that the City Council authorize the City Manager or designee to execute the Third Amendment with Swinerton Management and Consulting for consulting services by an amount not to exceed $483,945, authorize the City Manager or designee to execute a Third Amendment with ELS Architect + Urban Design for consulting services to increase the contract amount by an amount not to exceed $211,429 and extend the contract period end date to December 31, 2027. The proposed amendments provide the professional services necessary to complete construction of the Orange Memorial Park Aquatic Center and are fully funded within the approved project budget.
ASSOCIATED DOCUMENTS
Attachment 1 - Swinerton Second Amendment Staff Report and Resolution
Attachment 2 - ELS Second Amendment Staff Report and Resolution