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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: May 13, 2008

Subject/Title: Adopt a Resolution that: 1) Approves and Authorizes the City Manager, or Designee to Execute an Agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as Relates to Construction of the Civic Center in an Amount Not to Exceed $2,313,817 and Authorizes the City Manager to Make Minor Changes to the Agreement in Consultation with the City Attorney; and 2) Directs Staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center; and 3) Endorses Staff Recommendation for the Fountain and Trees for the Civic Center Plaza; and 4) Endorses the City Park Master Site Plan

Prepared by: Gail Leech, Management Analyst

Submitted by: Karen Chew, Assistant City Manager


RECOMMENDATION
Adopt a Resolution that 1) Approves and Authorizes the City Manager, or Designee to Execute an Agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as Relates to Construction of the Civic Center in an Amount Not to Exceed $2,313,817 and authorizes the City Manager to make minor changes to the agreement in consultation with the City Attorney and 2) Directs Staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center; and 3) Endorses Staff Recommendation for the Fountain and Trees for the Civic Center Plaza; and 4) Endorses the City Park Master Site Plan

PREVIOUS ACTION
On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design development.

On February 26, 2008, LPA, Inc. did a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they will be required to make both cost and no cost decisions that will affect the progress of the project.

BACKGROUND

Swinerton Management and Consulting, Inc. Agreement

The Civic Center project is undeniably the largest project the City has undertaken to date. In January 2006, the New City Hall project was amended to accurately reflect the needs of the community in terms of laying the foundation for the future of Downtown Brentwood. Thus, the project scope changed entirely. The City Hall project then became the Civic Center project and was expanded to encompass the new City Hall and Council Chambers, a Civic Center Plaza, Community Center, Civic Center Parking Structure, relocation of the library and the redesign of City Park.

Because of the magnitude of this project, it is critical that City staff partner with design and construction experts who operate at the top level of industry standards. Staff has been working with the architectural firm LPA, Inc. for the design of these facilities. Now that these designs are nearing 100% design development, a construction management firm needs to be hired for the oversight of the pre-construction and construction phases of this project. The role of the construction management firm includes, but is not limited to, the following responsibilities:

Pre-Construction Services

Team Building and Communication
Project Planning and Constructability Review
Pre-construction web based management system
Project schedule review and validation
Pre-construction conditions documentation
Set up of construction manager facilities
Pre-qualifying bidders, bidding and training
Contract certification and award

The Construction Phase will begin when bid documents are completed for the Civic center. This phase includes a construction management project plan and web-based management system; review of submittals, RFIs, material substitution requests; progress meetings; daily reports, progress photos, progress reporting; inspections, special inspections, testing and materials testing, review of inspection and testing reports; quality review; evaluation of work; surveying; schedule tracking, evaluation, reporting and evaluation of change requests; change order evaluation and processing; claims review and evaluation, negotiation and settlement, if applicable; and construction delay analysis, if applicable.

The Post-Construction Closeout phase happens once construction is finished and involves submittal review; manual, warranty and guarantee evaluation; final inspection of project; final project report ; notice of completion and warranty close out.

The selection process of the construction management firm started with the issuance of a Request For Proposal to 11 California-based firms. Eight firms responded, and out of those eight, the selection committee, consisting of the Civic Center Management Team, chose five firms to interview. This selection was based on the following evaluation criteria:

 Firm’s record of successful projects of scope and complexity
 Qualifications of personnel proposed for the project
 Time commitment
 Cost, including fees and reimbursables
 Project approach
 Responsiveness to request for proposal

The five firms selected for an interview were:

 Bovis Lend Lease
 Critical Solutions, Inc.
 RGM & Associates
 Swinerton Management and Consulting, Inc.
 URS

Firms were scored using a Preferred Ranking System. Critical Solutions, Inc. and Swinerton Management and Consulting, Inc., came out as the top two firms. Staff requested that each firm refine their proposals to clarify a series of questions. Both proposals were fairly comparable in scope and level of expertise. However, the decision to choose Swinerton came as a result of the lower contract price and the inclusion of the web based project management system that Critical Solutions, Inc. did not offer.

In conjunction with LPA, Inc., staff has begun to work with Swinerton Management and Consulting, Inc., under an interim agreement, to pursue a feasibility study pursuant to City Council direction. This feasibility study includes building the library at the Oak Street Annex and potentially phasing the Community Center.

Payments on this contract will be made over the course of the Civic Center pre-construction, construction, post-construction and close-out periods. It is important to note that until such time that City Council decides to construct the Civic Center, Swinerton Management and Consulting, Inc. will only be paid for their pre-construction services (see list of services above). It is estimated that these pre-construction services will not exceed $280,000. The remainder of this contract will be paid per the scope of work and as the designated milestones are met.

Prepare temporary space for the interim library and Council Chambers at the Brentwood Education and Technology Center

At the February 26, 2008 City Council meeting, City Council directed staff, in conjunction with LPA, Inc., to do a feasibility study to determine the value of moving the library one time to its new location on Oak Street, and doing tenant improvements at the Tech Center for temporary employee offices and to look at all possible phasing options for the Community Center.

LPA, Inc. and Swinerton Management and Consulting, Inc. worked together on examining the options for these studies. After investigating the feasibility of constructing the library at either 104 Oak Street or at the Tech Center and providing temporary housing for City staff and Council Chambers within the two locations, the only two realistic options are as follows:

1. Move the interim library to the 104 Oak Street annex. Consolidate Community Development and PW / Engineering Staff into the 118 – 120 Oak Street facility. Move the Parks and Recreation Department, Code Enforcement, Inspectors and Council Chamber to temporary housing at the Brentwood Education and Technology Center. Advantages and disadvantages to this option are:

Advantages Disadvantages
One move from current to permanent location for library Potential delay (1 to 3 months) in starting Civic Center project if library annex remodeling is delayed to due unforeseen conditions
Library remains in the downtown by Civic Center Layout of proposed and future annex library is constrained by existing / available space configuration
Any remodeling costs can be applied to the permanent annex location. Difficult parking conditions during Civic Center construction.
Initial permanent construction tasks (fire sprinkler, roofing, structural modifications) make it easier to complete final annex library build out. This facility was built in the 1940’s, which makes it difficult to control remodeling costs, such as structural, fire sprinkling, hazmat, etc. There are too many “unknowns” to provide accurate cost estimates for the project and this could result in unanticipated, major expenditures.

2. Construct an interim library in the Brentwood Education and Technology Center. Move Parks and Recreation Department to the 104 Oak Street section of the annex. Move Code Enforcement, Inspectors and Council Chambers to Temporary housing in the Brentwood Education and Technology Center. Advantages and disadvantages to this option are:

Advantages Disadvantages
Design at Tech Center is already complete Cost of Tech Center library improvements are not applied to permanent library facility
Contractor is ready to go Requires two moves to permanent location
Less potential schedule impact to Civic Center project Location is less desirable – not downtown
Easier parking for library patrons Potential exists for a longer than anticipated stay in Tech Center location, which may limit the City’s option to sell the property
Next to Community College
Parks and Rec can move into the existing annex space with minimal effort

Staff recommends that the City Council pursue Option No. 2, which constructs the library in the Tech Center, while maintaining most of the current staff housed at the Oak Street location and moving Code Enforcement, Inspectors and Council Chamber to temporary housing at the Brentwood Education and Technology Center. Option 2 is the least expensive option, it provides the least amount of disruption to City operations, staff and the downtown, requires moderate tenant improvements at the Tech Center, and does not adversely impact the schedule for the Civic Center project. The City recognizes that this is not the most convenient option for the library in the short term; however, making the best possible decision now is the best option for the library in the long term.

Staff Recommendation for the Civic Center Plaza

Following City Council endorsement of the Civic Center Master Plan, staff and LPA, Inc. (Civic Center architects) have been working on the aesthetic design of the Civic buildings. Included in this design is the conceptual plan for the Civic Center plaza. During the series of community workshops that were held we heard, overwhelmingly, a desire for a large civic plaza which would serve as an extension of City Park and a ceremonial forefront to City Hall and Council Chambers. This plaza would also be used for a gathering place, an event location or a pre-function space for receptions. The architectural
features that comprise the civic center facilities, inspired by the Brentwood Hotel (Spanish Revival influence), will also carry to the Civic Center plaza. Two design options (attached) being presented to City Council are:

Option # 1(see pictures attached to this report)
Uplit sculptural stone fountain
Mt. Diablo influence
Planted arbor
Canopy trees

Option # 2 (see pictures attached to this report)
A tiered, center fountain with spills of water
Brentwood Hotel influence
Canopy trees

Option # 3 (see pictures attached to this report)
A tiered, center fountain with spills of water
Brentwood Hotel influence
Palms trees true to period architecture

As a result of a number of presentations and workshops to date, the consensus is that Option 3, the tiered fountain with palm trees is the preferred option. This plaza/fountain design has a strong yet contemporary interpretation of the Spanish Revival that has influenced the Civic Center architecture. This fountain provides a visual focal point for the plaza which, along with the plaza, will accommodate social gatherings and enhance the entrance to City Hall. As an extension of the park, the palm trees will be an interesting contrast to the park landscape as well as provide shade during hot summer days with no leaf litter problems to deal with relative to the fountain. The fountain itself will provide seating opportunities, visual interest, cooling, and a contemplative sound. Dramatically lit at night, the fountain and plaza will be an exciting and welcoming forecourt to City Hall. Therefore, staff recommends Option 3 for the fountain design and tree type for the Civic Center plaza.

City Park Master Site Plan

The redesign of City Park will occur as the last piece of the Civic Center project. The design process for the park includes several community outreach workshops; inspection and analysis by a third party arborist on conditions and sustainability of the existing park trees; and the requirement to tie the park, by design, to the rest of the Civic Center facilities and the new downtown streetscapes.

LPA, Inc. has taken all of the goals and the design opportunities into consideration and has been able to incorporate these into the City Park Master Site Plan (see Master Site Plan attached to this staff report). In conjunction with this staff report, LPA, Inc. will present the Master Site Plan in detail.

FISCAL IMPACT

There is no fiscal impact associated with items 2, 3 and 4.

Regarding Item number 1, the Swinerton agreement is a long-term agreement spanning pre-construction, construction, post-construction and close-out activities for the Civic Center and therefore will be paid out over time. The funds associated with this work are included in the 2007/08 – 2011/12 Capital Improvement Program, which includes all of the projects shown below. The specific breakdown, per project, is as follows:

City Park (CIP Project # 352-52406) - $69,414.51
Civic Center Parking Facility (CIP Project # 337-37196) - $231,381.70
Civic Center Plaza (CIP Project # 337-37193) - $46,276.34
Interim Civic Center Facilities (CIP Project # 337-37202) $23,138.17
Library Relocation (CIP Project # 337-37194) - $92,552.68
New City Hall (CIP Project # 337-37205) - $1,226,323.01
New Community Center (CIP Project # 337-37195) - $624,730.59

Attachments:
Resolution
Exhibit A-1 – City Park Master Plan
Exhibit A-2 – City Park Goals and Design Opportunities
Exhibit B-1 – Civic Center Plaza - Design Option 1
Exhibit B-2 – Civic Center Plaza - Design Option 2
Exhibit B-3 – Civic Center Plaza - Design Option 3
Exhibit B-4 – Plaza View Computer Rendering
Exhibit C – Library at Tech Center Plan
Exhibit D – Swinerton Agreement and Scope of Services


RESOLUTION NO.


A RESOLUTION THAT: 1) APPROVES AND AUTHORIZES THE CITY MANAGER, OR DESIGNEE TO EXECUTE AN AGREEMENT WITH SWINERTON MANAGEMENT AND CONSULTING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES AS RELATES TO CONSTRUCTION OF THE CIVIC CENTER IN AN AMOUNT NOT TO EXCEED $2,313,817 AND AUTHORIZES THE CITY MANAGER TO MAKE MINOR CHANGES TO THE AGREEMENT IN CONSULTATION WITH THE CITY ATTORNEY; 2) DIRECTS STAFF TO PREPARE TEMPORARY SPACE FOR THE INTERIM LIBRARY AND COUNCIL CHAMBERS AT THE BRENTWOOD EDUCATION AND TECHNOLOGY CENTER; 3) ENDORSES STAFF RECOMMENDATION FOR THE FOUNTAIN AND TREES FOR THE CIVIC CENTER PLAZA; AND 4) ENDORSES THE CITY PARK MASTER SITE PLAN

WHEREAS, on November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components of the Civic Center; and 4) directed staff to proceed with this project to design development; and

WHEREAS, on February 26, 2008, LPA, Inc. did a presentation to City Council on milestones and critical decision points for the Civic Center project. The purpose was to inform City Council of when they will be required to make both cost and no cost decisions that will affect the progress of the project; and

WHEREAS, because of the magnitude of this project, it is critical that City staff partner with design and construction experts who operate at the top level of industry standards. Staff has been working with the architectural firm LPA, Inc. for the design of these facilities. Now that these designs are nearing 100% design development, a construction management firm needs to be hired for the oversight of the pre-construction and construction phases of this project; and

WHEREAS, payments on this contract will be made over the course of the Civic Center construction period. It is important to note that until such time that City Council decides to construct the Civic Center, Swinerton Management and Consulting, Inc. will only be paid for their pre-construction services (see list of services above). It is estimated that these pre-construction services will not exceed $280,000. The remainder of this contract will be paid per the scope of work and as the designated milestones are met; and

WHEREAS, firms were scored using a Preferred Ranking System. Swinerton Management and Consulting, Inc., and another firm came out as the top two firms. Staff requested that each firm refine their proposals to clarify a series of questions. Both proposals were fairly comparable in scope and level of expertise. However, the decision to choose Swinerton came as a result of the lower contract price and the inclusion of the web based project management system that the other firm did not offer; and

WHEREAS, staff recommends that City Council approves and authorizes the City Manager, or Designee, to execute an agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as relates to construction of the Civic Center in an amount not to exceed $2,313,817 and authorizes the City Manager to make minor changes to the agreement in consultation with the City Attorney; and

WHEREAS, pursuant to City Council direction to investigate the feasibility of constructing the library at either 104 Oak Street or at the Tech Center and providing temporary housing for City staff and Council Chambers within the two locations, staff recommends that the City Council approve Option No. 2, which constructs the library in the Tech Center, while maintaining most of the current staff housed at the Oak Street location and moving Code Enforcement, Inspectors and Council Chamber to temporary housing at the Brentwood Education and Technology Center, as presented in the attached Exhibit C; and

WHEREAS, as a result of a number of presentations and workshops to date, the consensus is that Option 3, the tiered fountain with palm trees is the preferred option. This plaza/fountain design has a strong yet contemporary interpretation of the Spanish Revival that has influenced the Civic Center architecture. Staff recommends that the City Council endorse Option 3 for the fountain design and tree type for the Civic Center plaza as presented in the attached Exhibit B-3; and

WHEREAS, the redesign of City Park will occur as the last piece of the Civic Center project. The design process for the park includes several community outreach workshops; inspection and analysis by a third party arborist on conditions and sustainability of the existing park trees; and the requirement to tie the park, by design, to the rest of the Civic Center facilities and the new downtown streetscapes. Staff recommends that the City Council endorse the City Park Master Site Plan as presented in the attached Exhibit A-1.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby:

Section 1. Approves and authorizes the City Manager, or designee to execute an agreement with Swinerton Management and Consulting, Inc., for construction management services as relates to construction of the Civic Center in an amount not to exceed $2,313,817 and authorizes the City Manager to make minor changes to the agreement in consultation with the City Attorney.

Section 2. Directs staff to prepare temporary space for the Interim Library and Council Chambers at the Brentwood Education Technology Center and coordinate office space for City staff, as presented in the attached Exhibit C.

Section 3. Endorses staff recommendation for the fountain and trees for the Civic Center Plaza, as presented in the attached Exhibit B-3.

Section 4. Endorses the City Park Master Site Plan, as presented in the attached Exhibit A-1.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2008 by the following vote:

 
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