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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: July 24, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement with RGM and Associates changing the name of the Recreation Facility CIP Project No. 522-52280 to the Senior Adult Education Center CIP Project No. 522-2280, and to increase for two projects the current contract value for construction management services from $138,248 to $425,499 including a 10% contingency of $42,549.90, for a total amended amount of $468,048.90 for the Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession, CIP Project No. 522-52300.

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement with RGM and Associates changing the name of the Recreation Facility CIP Project No. 522-52280 to the Senior Adult Education Center CIP Project No. 522-2280, and to increase the current contract value for construction management services from $138,248 to $425,499 including a 10% contingency of $42,549.90, for a total amended amount of $468,048.90 for the Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession, CIP Project No. 522-52300.

PREVIOUS ACTION
On May 27, 2003, City Council adopted the 2003/2008 CIP budgeting program of which this project is included and named Aquatic Center Community Services Facility.

On January 27, 2004, by Resolution No. 2004-26, City Council approved the start of design effort for the Community Center Replacement project located at the Aquatic Complex and authorized staff to expend $55,000 to begin the process.

On May 25, 2004, City Council adopted the 2004/2009 CIP budgeting program of which these projects are included.

On June 8, 2004, by Resolution No. 2004-135, City Council approved the contract with RGM and Associates for construction management services of the project known as the Recreation Facility, CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

On May 23, 2006, by Resolution No. 2006-126, City Council adopted the 2006/07 – 2010/11 Capital Improvement Program (CIP), which included the Recreation Facility, CIP Project No. 522-52280 and the Aquatic Complex / Concession, CIP Project No. 522-52300.

On June 27, 2006, by Resolution 2006-149, City Council approved and authorized the City Manager to execute Amendment No. 1 to the Agreement with RGM and Associates for construction management services reducing the current contract value from $355,300 to $125,680, including a 10% contingency of $12,568, for a new total amount of $138,248, which reflects construction management services for the project known as the Recreation Facility (Civil), CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.

On April 17, 2007, Planning Commission Resolution No. 07-034 of the City of Brentwood approved a two-year time extension for a concession building, parking area, and landscaping associated with the Brentwood Family Aquatic Complex.

On April 17, 2007, Planning Commission Resolution No. 07-037 of the City of Brentwood approved a design review for the development of an 8,375 square foot Senior Adult Education Center and associated landscape improvements.

On June 12, 2007, by Resolution 2007-126, City Council adopted the 2007/08 – 2001/12 CIP, which included the Aquatic Complex/Concession and Senior Adult Education Center projects.

BACKGROUND
Staff began working with RGM and Associates as directed by City Council on January 27, 2004. Staff has subsequently received direction to modify the project previously referred to as the “Recreation Facility” CIP project, to construct the “Senior Adult Education Center CIP Project No. 522-52280 and Aquatic Complex/Concession CIP Project No. 522-52300”. As pricing for the services of pre-construction and construction oversight services has changed, staff is requesting to amend the agreement dated June 8, 2004 with RGM and Associates.

FISCAL IMPACT
The fiscal impact for the Aquatic Complex/Concession CIP No. 522-52300 is $42,853 plus 10% contingency of $4,285.30 for a total amount of $47,138.30 and Senior Adult Education Center CIP No. 522-52280 is for $382,646 plus 10% contingency of $38,264.60 for a total amount of $420,910.60. The funds associated with this work are included in the recently adopted 2007/08-2011/12 Capital Improvement Program. No budget modifications are required at this time.

Attachments:
Resolution
Amendment No. 2
Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT WITH RGM AND ASSOCIATES CHANGING THE NAME OF THE RECREATION FACILITY CIP PROJECT NO. 522-52280 TO THE SENIOR ADULT EDUCATION CENTER CIP PROJECT NO. 522-2280, AND TO INCREASE THE CURRENT CONTRACT VALUE FOR CONSTRUCTION MANAGEMENT SERVICES FROM $138,248 TO $425,499 INCLUDING A 10% CONTINGENCY OF $42,549.90, FOR A TOTAL AMENDED AMOUNT OF $468,048.90 FOR BOTH PROJECTS AT $420,910.60 FOR THE SENIOR ADULT EDUCATION CENTER, CIP PROJECT NO. 522-52280 AND $47,138.30 FOR THE AQUATIC COMPLEX/CONCESSION, CIP PROJECT NO. 522-52300.


WHEREAS, on May 27, 2003, City Council approved the 2003/2008 CIP Program which this project was included and named Aquatic Center Community Service Facility; and

WHEREAS, on January 27, 2004, City Council approved the start of design for the Recreation Facility project and authorized staff to expend $55,000 to begin the process; and

WHEREAS, on May 25, 2004 City Council adopted the 2004/2009 CIP budgeting program of which these projects were included; and

WHEREAS, on April 17, 2007 approved a two-year time extension for a concession building, parking area, and landscaping associated with the Brentwood Family Aquatic Complex; and

WHEREAS, on April 17, 2007 the design review for the Senior Adult Education Center was approved by the Planning Commission; and

WHEREAS, City Council approved the 2007/2012 the CIP budgeting program of which these projects are included; and

WHEREAS, upon approval, staff will construct the project as a multi prime project; and

WHEREAS, staff along with RGM and Associates have completed successful projects in the past and maintain a good working relationship.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood that the City Manager is authorized to execute Amendment No. 2 to the Agreement with RGM and Associates for construction management services in the form attached hereto, to increase the current contract value from $138,248 to $468,048.90, $420,910.60 for the Senior Adult Education Center, CIP Project No. 522-52280 and $47,138.30 for the Aquatic Complex/Concession, CIP Project No. 522-52300, and change the name of the Recreation Facility CIP Project No. 522-52280 to Senior Adult Education Center CIP Project No. 522-52280.

BE IT FURTHER RESOLVED that the City Manger is authorized to approve change orders up to 10% of each contract amount.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on July 24, 2007 by the following vote:














































AMENDMENT NO. 2 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
(RGM and Associates)

This Amendment No. 2 is entered into and effective as of the ___ day of _______________, 2007, amending the agreement dated June 8, 2004 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and RGM and Associates, (“Consultant") (collectively, the “Parties”) for Pre-Construction and Construction Oversight Services.

RECITALS

A. On June 8, 2004, by Resolution No. 2004-135, City Council approved the contract with RGM and Associates for pre-construction and construction oversight services for the Recreation Facility, CIP No. 522-52280 and Aquatic Complex/Concession, CIP No. 522-52300; and
B. On June 27, 2006, the Parties executed Amendment No. One to the Agreement for construction management services reducing the contract value from $355,300 to $138,248 for the project known as the Recreation Facility (Civil), CIP Project No. 522-52280 and the Aquatic Complex/Concession, CIP Project No. 522-52300.
C. The Parties desire to alter the Agreement’s scope of work to reflect a name change of Recreation Facility to Senior Adult Education Center/Aquatic Concession Building/Parking Lot, CIP Project No. 522-52280 and CIP Project No. 522-52300; and
D. The Parties desire to alter the Agreement’s scope of work to reflect an updated fee schedule; and

E. The Parties have negotiated and agreed to an amended scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A," Scope of Services and Fee Schedule.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. In lieu of those services contained in the Agreement, as may have been amended from time to time, Consultant will provide those services described in Exhibit “A”.

2. The total amount of compensation to be paid to Consultant under the Agreement for the Services is hereby increased to include a 10% contingency, for a total amount of Four Hundred Sixty-Eight Thousand Forty-Eight Dollars and Ninety Cents ($468,048.90).

3. Except as amended herein, all provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.

4. All requisite insurance policies to be maintained by Consultant pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment.

5. The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.


CONSULTANT:

RGM and Associates


By:

Printed Name:

Title:

CITY:

City of Brentwood:


By:
Donna Landeros, City Manager

Date:


ATTEST:


By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney



 

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