Title
Recommendation to Authorize the City Manager to Execute a Second Amendment to an Agreement with ELS Architects, Inc. in an Amount Not-to-Exceed $1,761,715, for City Aquatic Center Design and Construction Administration Services to Project Completion through March 31, 2026, for a Total Compensation Amount Not-to-Exceed $3,274,836.50.
Approval of this Amendment to an existing Agreement for design services is exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15262 Feasibility and Planning Studies. (Recreation and Parks 10051400)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, 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 Second Amendment with ELS Architects, Inc. (ELS), included as Exhibit 1, in an amount not-to-exceed $1,761,715, will enable ELS to begin and complete the construction documents and specifications as well as provide construction administration services. The Second Amendment include all architectural services required through the end of project completion. The total compensation for the service under the Agreement, as amended, shall not exceed $3,274,836.50. This is an anticipated expense that is already included in the project budget at approximately 10% of the total budget, which is standard. Staff always intended to bring the architectural services agreement to City Council in phases as the project progressed from initial design to design development and now through full design and project completion.
BACKGROUND
In Fiscal Year (FY) 2019-20 budget, City Council authorized funding for the Center conceptual design. In January and February 2020, the City of Alameda (City) held community workshops on pool design options and the input was incorporated into a final conceptual design. This design was recommended by the Recreation and Parks Commission on August 13, 2020. The project was paused, however, due to the pandemic, shifting priorities, and lack of funding sources.
On February 15, 2022, City Council heard options to fund aquatic facilities in Alameda, including the rebuild of the Emma Hood Swim Center at Alameda High School and construction of a Center on a City-owned site. City Council provided general direction to staff to further pursue possible funding mechanisms for both facilities.
On October 18, 2022, City Council approved the Center to be sited on the west side of Sweeney Park. At the same meeting, the City Council also approved funding up to 50% of the Center costs, including design and construction, using the General Fund Unassigned Residual Fund Balance and funding the balance of project costs with a financing mechanism to be determined, subject to completion of environmental review, obtaining land use entitlements, and City Council final decision prior to construction.
On February 21, 2023, City Council approved funding the Center in the amount up to $30 million with $15 million from the Unassigned Residual General Fund balance and financing the remainder from a Certificate of Participation. This approval included the provision that when staff returned with a final financing plan, information on the cost of funding a 50-meter pool and alternatives for funding the 50-meter pool were to be included.
On July 18, 2023 City Council authorized the City Manager to execute an agreement with Griffin Structures, Inc. for the project management of the Center.
On September 19, 2023 City Council approved the sale of bonds in the amount of $16,000,000 to finance the construction of the Center. A detailed cost analysis comparing 50-meter and 30-meter pools was provided in the staff report.
On May 7, 2024 City Council approved the Phase I Design/Build Agreement for the Design and Permitting of the City Aquatic Center to Blach Construction (Blach) that included ELS as the primary design architect. On September 17, 2024, City Council approved termination of the contract with Blach.
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 September 12, 2024 City Council approved a design concept for the Aquatic Center with a 30-meter pool and activity pool and provided direction to on additional design features such as Lobby, Diving Well and Springboards, Community Room, Building Storage, and Building Electrification, all of which requires further feasibility study.
On December 3, 2024 City Council approved an Agreement with David J. Powers and Associates to assist the City in completing environmental review for the Aquatic Center, which will facilitate the Project to proceed with obtaining land use entitlements through the public process.
On December 17, 2024 City Council approved a First Amendment to the Agreement with ELS (Exhibit 2) 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
ELS has completed the 30% Design Development per the First Amendment and the Second Amendment is now for services to complete the construction documents and provide construction administration services through project completion. Approval of the Second Amendment allows ELS to start construction documents now and remain on schedule.
In July 2025, City Council will receive an update on the project and schedule with a recommendation for approval of CEQA, design and funding.
DISCUSSION
The Phase I design process began May 13, 2024, with a joint meeting of the City Council and the Recreation and Parks Commission at Sweeney Park. The community engagement process included two workshops, five stakeholder meetings and two citywide surveys.
City Council then approved the Center design in September 2024. The aquatic center design includes a 30-meter by 25-yard competition pool with 12 lanes and an activity pool with a zero-beach style entry and 3 lap lanes. The depth of the competition pool ranges from 3’-6” at the entrance steps increasing rapidly to a maximum depth of 7’-0. The activity pool includes a zero-beach style entrance with lap lanes at a depth of 3’-6”. The design team combined the feedback from community survey data, workshops and City Council in order to continue refining concept designs. Using the remaining budget as a project cost goal, the designers focused the design to maximize the amount of water space available, based on the community feedback.
The Planning Board held a workshop on December 9, 2024, to review and provide feedback on the design. On March 10, 2025, the Planning Board held a workshop to discuss Design Review and the Use Permit for the Center, including a revised design to address the Planning Board comments and manage project costs. On June 19, 2025, the Planning Board will be asked to approve the Use Permit and Design review as well as the environmental impact review analysis. The Recreation and Parks Commission will review and make a recommendation on the updated design on June 12, 2025 and then the full package with updated design, funding, environmental analysis and schedule will then come to City Council in July 2025 for final review and approval.
Currently, staff is finalizing the soil and geotechnical analysis, both of which have been extremely complex. If City Council chooses to make any changes to the project at that time, the ELS Agreement includes a termination clause and the City will only pay for services rendered to date.
The Second Amendment with ELS (Exhibit 1) provides for the development of construction documents and bid/permitting specifications. No construction bid award or construction activity will occur until after environmental review and City Council project approval is completed. This Second Amendment covers all design and services required through the end of the project construction.
ALTERNATIVES
• Approve the Second Amendment to the ELS Agreement in an amount not-to-exceed $3,274,836.50 for the Center construction documents and construction administration, which will allow continued progress on the Center project without delays and provide services through completion of project construction.
• Wait to consider approval of the Second Amendment until July when staff will bring a project update and recommendation for approval to City Council. This will delay the project by approximately two months.
• Not approve the Second Amendment to the ELS Agreement, which will halt progress on the Center project and require further City Council direction.
• Direct staff to stop the design process and issue a new RFP/RFQ for the design services for the Center. This will delay the project by approximately six months.
FINANCIAL IMPACT
The City Council previously approved the Agreement and the First Amendment as presented below. Also set forth below are the funds associated with the Second 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 |
$0 |
|
Total |
|
$3,274,836.50 |
$1,513,121.50 |
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 $3,274,836.50. Sufficient funds are available for this Agreement, as amended, in Capital Improvement Project No. C55400 New City Aquatic Center.
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
Approval of this Second Amendment for design related services itself is not subject to environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15262 Feasibility and Planning Studies. The document deliverables under this Second Amendment will not be used for construction until further environmental review and City Council action to approve the project.
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 Second Amendment to an Agreement with ELS Architects, Inc. in an amount not-to-exceed $1,761,715, for City Aquatic Center design and construction administration services to project completion, through March 31, 2026, for a total compensation amount not-to-exceed $3,274,836.50.
Respectfully submitted,
Justin Long, Recreation and Parks Director
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Exhibit 1 - ELS Second Amendment
2. Exhibit 2 - ELS Original Agreement and First Amendment