Title
Recommendation to Authorize the City Manager to Execute an Amendment to an Agreement with ELS Architects, Inc. in an Amount Not-to-Exceed $1,009,434, for City Aquatic Center Preliminary/Conceptual Design Services, Including Design Development, through July 1, 2025, for a Total Compensation Amount Not-to-Exceed $1,513,121.50.
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 First Amendment with ELS Architects, Inc. (ELS), in an amount not-to-exceed $1,009,434, will enable ELS to complete the design development, through July 1, 2025. The total compensation for the service under the Agreement, as amended, shall not exceed $1,513,121.50.
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).
On July 16, 2024, City Council approved an Agreement with ELS Architects, Inc. for the completion of the community engagement process and for schematic design services in an amount not to exceed $503,687.50. (Exhibit 1)
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.
DISCUSSION
The Phase I Design/Build Agreement with Blach included ELS as the primary design firm for the Center. 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.
The City began the process to plan the Center as a design/build project. After the mutual termination of the Blach contract, the value of a design/build approach no longer added value for the project. The benefits of design/build occur in the project development process managing costs as the project is designed. In lieu of that, staff is recommending the traditional Design, Bid, Build project delivery method to construct the project.
The amended agreement with ELS (Exhibit 2) extends the scope of work to include work needed for land use entitlements, environmental review, and preliminary/conceptual design development. Construction document and bid/permit and construction administration phases would occur subsequent to environmental review.
The amended agreement further provides for 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 recently identified.
ALTERNATIVES
• Approve the Amendment to the ELS Agreement in an amount not-to-exceed $1,009,434 for the Center design development, which would halt progress on the project and require further City Council direction.
• Not approve the Amendment to the ELS Agreement in an amount not-to-exceed $1,009,434 for the Center design development, which would halt progress on the 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 original contract and the contract amendments is presented below:
|
Contract |
Approval Date |
Authorized Amount |
Expended to Date |
|
Original Contract |
7/16/24 |
$503,687.50 |
$475,600 |
|
1st Amendment |
12/17/24 |
$1,009,434 |
$____N/A_ |
|
Total |
|
$1,513,121.50_____ |
$_475,600____ |
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 $1,513,121.50. Sufficient funds are available for this Agreement 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 amendment to an existing agreement 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 amended agreement will not be used for construction until final 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 facility will be fully electric supporting the Climate Action and Resilience Plan.
RECOMMENDATION
Authorize the City Manager to execute an amendment to an agreement with ELS Architects, Inc., in an amount not-to-exceed $1,009,434, for the Center preliminary/conceptual design services, including design development, through July 1, 2025, for a total compensation amount not-to-exceed $1,513,121.50.
Respectfully submitted,
Justin Long, Recreation and Parks Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. ELS Original Agreement
2. ELS Amendment