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Report regarding a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with ELS Architecture + Urban Design of Berkeley, California for design and construction services of the Orange Memorial Park Aquatic Center project (pk2310) in an amount not to exceed $642,285 and extend the contract period end date to December 31, 2026. (Philip Vitale, Deputy Director of Capital Projects)
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RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with ELS ARCHITECTURE + URBAN DESIGN for design services in an amount not to exceed $642,285 related to the Orange Memorial Parks Aquatics Center Project and extend the contract period end date to December 31, 2026.
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BACKGROUND/DISCUSSION
On March 9, 2022, the City entered into a Consulting Services Agreement (“Agreement”) with ELS ARCHITECTURE + URBAN DESIGN (Contractor) whereby Contractor agreed to provide professional services for a new Orange Memorial Park Aquatic Center. On January 10, 2024, the City executed the First Amendment to the Consulting Services Agreement and extended the contract end date to December 31, 2025. A true and correct copy of the Agreement and First Amendment is attached to the Resolution as Exhibit A.
Architectural design began shortly after the contract award in 2022. The project was bid in January 2024, with award to Wickman Development & Construction. Construction support began with start of construction in July 2024. The project is currently tracking for completion Summer 2026.
This Amendment to the agreement requests additional fee of $425,000 to cover the following:
• Develop Hazardous Materials Inventory Statement and Hazardous Materials Management Plan (HMIS & HMMP) to meet Fire Code requirements for chemical storage within the aquatic center.
• Update camera security system per the City’s request.
• Evaluate irrigation system and reclaimed water capacity to support expansion in landscaping.
• Provide design and construction details for installation of a scoreboard.
• Add the replacement of colored concrete at Tennis Drive & Orange Avenue and colored concrete at raised crosswalk to scope of work.
• Update the Veterans Memorial Plaza Design.
• Extend CA Services thru extended 7-month construction timeline.
The fees for the additional services requested brings the contract value up to $3,907,597. The proposed contract amendment of $642,285 covers the remaining balance of services and includes a 15% contingency of $83,776 which could be applied to additional services if needed. The project is tracking well within the project budget of $49 million.
Description Date Amount
Original Agreement 03/09/2022 $2,936,542
1st Amendment 01/10/2024 $ 328,770
2nd Amendment $ 642,285
TOTAL: $3,907,597
FISCAL IMPACT
The cost will be paid with project contingency built into the overall project budget. There is no fiscal impact to the Aquatic Center construction budget approved by City Council per the fiscal year 2022-23 Capital Improvements budget.
RELATIONSHIP TO STRATEGIC PLAN
This effort is included in the City’s Strategic Plan. It aligns with Priority #2 which is focused on enhancing quality of life.
CONCLUSION
Staff recommends that the City Council authorize the City Manager to execute the Second Amendment to the Architectural Design Services Agreement with ELS ARCHITECTURE + URBAN DESIGN for consulting Services to increase contract amount by an amount not to exceed $642,285 and extend the contract period end date to December 31, 2026.