Title
Recommendation to Authorize the City Manager to Execute a Third Amendment to the Agreement with ELS Architects, Inc. in an Amount Not-to-Exceed $171,470, for City Aquatic Center Preliminary / Conceptual Design Services, including Design Development, through December 31, 2028, for a Total Compensation Amount Not-to-Exceed $3,446,306.50.
In July 2014, City Council by Resolution No. 14955 adopted the Jean Sweeney Open Space Park MND and Mitigation Measures in compliance with California Environmental Quality Act (CEQA). In accordance with Section 15164 of the CEQA Guidelines, an Addendum to the MND has been prepared in the manner required by and as authorized under CEQA. The Addendum and conditions of approval for the planning entitlements incorporate and will require compliance with all applicable mitigation measures from the 2014 MND. Accordingly, the Aquatic Center project does not raise important new issues about potentially significant impacts on the environment that have not been previously disclosed in the MND, and no further environmental review is required.
(Recreation and Parks 10051400)
Body
To: Honorable Mayor and Members of the City Council
From: Gerry Beaudin, City Manager
EXECUTIVE SUMMARY
The City Aquatic Center (Center), located on the west side of Sweeney Park, will provide critical additional pool space to meet the increasing and unmet community needs for competitive and recreational aquatic programs. This Third Amendment with ELS Architects, Inc. (ELS), included as Exhibit 1, in an amount not-to-exceed $171,470, provides scope for ELS to complete the construction documents and specifications for bidding the Center. The total compensation for design services under the Agreement, as amended, shall not exceed $3,446,306.50. This is an anticipated expense that is already included in the project budget contingency.
BACKGROUND
On July 16, 2024, City Council approved an Agreement with ELS for the completion of the community engagement process and for schematic design services in an amount not to exceed $503,687.50 Exhibit 2.
On December 17, 2024, City Council approved a First Amendment to the Agreement with ELS for design services to complete the design development phase. This included work needed for land use entitlements, environmental review, and preliminary/conceptual design development. The amended agreement further provided for a feasibility study of design features such as Lobby, Diving Well and Springboards, Community Room, Building Storage, and Building Electrification, and feasibility of additional soil condition issues
The Second Amendment for the ELS agreement was for the services to complete the construction documents and provide construction administration services through project completion.
On July 1 2025, City Council approved the project, schedule, CEQA, design and funding plan for a project budget of $35.5 million.
DISCUSSION
The Third Amendment (Exhibit 1) with ELS provides for additional work not included in the original scope of design and construction documents. The additional design efforts were required to finalize the development of construction documents for bidding the project (Exhibit 2). Funding for the additional design services was available within the existing agreement available amount but subsequently reduced the amount available for Construction Administration. The design work was completed to keep the project on schedule to go out to bid. The Third Amendment increases the overall expenditure of the ELS agreement to ensure the Agreement has available funds to complete the Construction Administration through the duration of the project construction. Funding for this amendment is available in the project budget under design contingency and no additional funding is being requested.
The additional services included:
1) Coordination with Alameda Municipal Power (AMP) for integration of solar.
2) Off-site transportation improvements included turning lanes and a protected crosswalk.
3) Off-site for utility connection and engineering.
4) Design services for the development of a dewatering pump system for the operations and maintenance of the pools.
5) Engineering services for the design of a thickened foundation for both pools to counteract hydrostatic pressure during maintenance activities.
6) Review of bid document specifications and addition of missing sections.
ALTERNATIVES
• Approve the Third Amendment to the ELS Agreement in an amount not-to-exceed $171,470 for the Center construction documents phase.
• Not approve the Third Amendment to the ELS Agreement, which will require reducing funding in the construction administration phase of the project.
FINANCIAL IMPACT
City Council previously approved the Agreement and the First and Second Amendments as presented below. Also set forth below are the funds associated with the Third Amendment should City Council authorize its execution.
|
Contract |
Approval Date |
Authorized Amount |
Expended to Date |
|
Original Contract |
7/16/24 |
$503,687.50 |
$503,687.50 |
|
1st Amendment |
12/17/24 |
$1,009,434 |
$1,009,434 |
|
2nd Amendment |
6/3/25 |
$1,761,715 |
$1,233,956.31 |
|
3rd Amendment |
7/7/26 |
$171,470 |
$0 |
|
Total |
|
$3,446,306.50 |
$2,747,077.81 |
The total cost of the ELS Agreement for completion of design development, construction documents, and construction administrative services for the design of the Center is not-to-exceed $3,446,306.50. Sufficient funds are available for this Agreement, as amended, in Capital Improvement Project No. C55400 New City Aquatic Center under the design services and design contingency. In addition, Alameda Municipal Power (AMP) funded $55,240 for the microgrid and video screen design costs.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code Section 2-61.8 related to Design-Build. The 2023-2026 City Council Strategic Plan identifies the City Aquatic Center under the Priority to Enhance community Safety and Services Project CS10 to Design and construct the City Aquatic Center. This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In July 2014, City Council by Resolution No. 14955 adopted the Jean Sweeney Open Space Park MND and Mitigation Measures in compliance with California Environmental Quality Act (CEQA). In accordance with Section 15164 of the CEQA Guidelines, an Addendum to the MND has been prepared in the manner required by and as authorized under CEQA. The Addendum and conditions of approval for the planning entitlements incorporate and will require compliance with all applicable mitigation measures from the 2014 MND. Accordingly, the Aquatic Center project does not raise important new issues about potentially significant impacts on the environment that have not been previously disclosed in the MND, and no further environmental review is required.
CLIMATE IMPACT
All buildings associated with the Center will meet a minimum LEED Silver certification pursuant to the City’s building ordinance. The Center will be fully electric, supporting the Climate Action and Resilience Plan.
RECOMMENDATION
Authorize the City Manager to execute a Third Amendment to the Agreement with ELS Architects, Inc. in an amount not-to-exceed $171,470 for City Aquatic Center Preliminary/Conceptual Design Services, including design development, through December 31, 2028, for a total compensation amount not-to-exceed $3,446,306.50.
Respectfully submitted,
Justin Long, Recreation and Parks Director
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Exhibit 1 - Third Amendment
2. Exhibit 2 - Original Agreement and Amendments