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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: August 26, 2008

Subject/Title: Adopt a Resolution Approving and Authorizing the City Manager or Designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the Amount of $316,194 to Address Changes in the Scope of the Civic Center Project.

Prepared by: Gail Leech, Management Analyst

Submitted by: Karen Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the amount of $316,194 to address changes in the scope of the Civic Center project.

PREVIOUS ACTION
On April 24, 2007, by Resolution No. 2007-89, City Council approved and authorized the City Manager to execute an agreement with LPA, Inc., for the architectural planning, design and related services of the New City Hall (CIP No. 337-31390), including the Civic Center Parking Facility and Civic Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of $292,221.80 for a total of $3,214,439.80.

On August 14, 2007, by Resolution No. 2007-180, City Council approved and authorized the City Manager or her designee to execute Amendment No. 1 to the Professional Services Agreement with LPA, Inc. in the amount of $1,306,368, plus a 10% contingency of $130,636.80 for a total contract amount of $1,437,004.80 to include the new Community Center.

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. gave 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 would be required to make decisions that will affect the progress of the project.

On May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services for the Civic Center Project.

On May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza.

On May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan.

On May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library.

On May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13 Capital Improvement Program.

On June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building.

BACKGROUND
Because of the complexity of the multi-faceted Civic Center project, and pursuant to City Council direction, a variety of additional tasks have been added to this project, along with other changes in direction that have occurred in the last several months. While trying to maintain focus on the big picture of building the Civic Center, other subsidiary tasks such as library and staff relocations, geotechnical testing and soils mitigation and other “above-scope” components needed to be addressed. Based on these changes, the following scopes of work need to be added to or amended to our current LPA agreements:

1. Library Relocation

In order to move forward with the Civic Center project, the library needs to be relocated. It was staff’s intention to move the library, Council Chamber and Parks and Recreation staff to the Tech Center and demolish the library building in preparation for the construction of City Hall. The original agreement with LPA for this design and scheduling work was $45,000.

Additional hours needed by the design team to accommodate changes in scope and some design changes that were made after the drawings were complete has increased the original amount by $6,892. This additional scope of work and dollar amount needs to be amended on the LPA master agreement.

Now that the decision has been made to move the library to the annex building, LPA has submitted a proposal for design services. These services were not previously addressed in the feasibility study agreement. These services include: As-built survey drawings, schematic design, design development, construction documents, construction manager at risk coordination, and construction administration. The as-built survey drawings are required because previous records for this building cannot be located. The cost for all of these services is $161,000 and will enable us to bid this project to a Construction Manager at Risk. The master agreement is proposed to be amended to reflect this scope of work and dollar amount.

2. Phasing Options for the Community Center

In May 2008, during LPA’s design development documentation efforts, staff was given direction by City Council to conduct a feasibility study on phasing development of the Community Center. Various options were presented and the final decision was to design the Community Center as a deductive alternate. This option allows the flexibility to evaluate phasing options.

The master agreement is proposed to be amended to include an additional $23,400 for services required to change bid documents to accommodate phasing alternatives when that decision is made.


3. Soils Mitigation Efforts

Geotechnical studies of the soil on the Civic Center site brought to light some soils liquefaction issues. This means that in the event of any seismic activity soils will settle significantly, possibly damaging the structure of these buildings. Of the several mitigation options that our consultants presented, the best solution was a special 8” thick post-tension slab on geopiers at the City Hall and the Community Center buildings to control cracking that may occur due to differential settlement. (The parking structure does not require this type of slab.) The cost for this slab is roughly $500,000 for both buildings and has been added to the master budget. Redesign of the building foundations by LPA will cost approximately $80,000. Cost estimating of all possible slab / pier types during the analysis of the options phase was also provided by LPA at an additional charge of $3,940. The master agreement is proposed to be amended to reflect these scopes of work and dollar amount.

4. Audio Visual Design – Extra Services

In LPA’s original scope, audio visual (A/V) services were scheduled only for Council Chambers because we had planned to use another consultant for City Hall and Community Center. However, after we looked at the various options for A/V in those facilities, it became more efficient to consolidate the design work under one agreement. These services total $40,962 and is proposed to be added to the master agreement.


FISCAL IMPACT
The amount of Amendment No. Two to the LPA Civic Center Master Agreement is $316,194.00, split amongst the projects shown below. With Amendment No. Two, the total Civic Center Master Agreement amount will be $4,967,638.60. The funds for this amendment have been included in the adopted 2008/09 – 2012/13 Capital Improvement Program Budget which includes all of the projects listed below.

Library Relocation (CIP #337-37194) $167,892.00
Community Center (CIP #337-37195) $ 83,881.00
New City Hall (CIP #337-37205) $ 64,421.00


Attachments:
Resolution
Exhibit A - Amendment No. Two





RESOLUTION NO.

A RESOLUTION WHICH APPROVES AND AUTHORIZES THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. TWO TO THE CIVIC CENTER MASTER AGREEMENT WITH LPA, INC., IN THE AMOUNT OF $316,194 TO ADDRESS CHANGES IN THE SCOPE OF THE CIVIC CENTER PROJECT.


WHEREAS, on April 24, 2007, by Resolution No. 2007-89, City Council approved and authorized the City Manager to execute an agreement with LPA, Inc., for the architectural planning, design and related services of the New City Hall (CIP No. 337-31390), including the Civic Center Parking Facility and Civic Center Plaza in an amount not to exceed $2,922,218, plus 10% contingency of $292,221.80 for a total of $3,214,439.80; and

WHEREAS, on August 14, 2007, by Resolution No. 2007-180, City Council approved and authorized the City Manager or her designee to execute Amendment No. 1 to the Professional Services Agreement with LPA, Inc. in the amount of $1,306,368, plus a 10% contingency of $130,636.80 for a total of $1,437,004.80 to include the new Community Center; and

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. gave 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 would be required to make decisions that will affect the progress of the project; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton Management and Consulting contract for Construction Management services on the Civic Center; and

WHEREAS, on May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation for the fountain and the trees for the Civic Center Plaza; and

WHEREAS, on May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site Plan; and

WHEREAS, on May 13, 2008, City Council continued the issue of consideration of a Resolution directing staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center and directed staff to bring back a budget analysis for the costs associated with moving the library; and

WHEREAS, on June 10, 2008, City Council directed staff to pursue the temporary space for the interim library at the annex building; and

WHEREAS, while trying to maintain focus on the big picture of building the Civic Center, other subsidiary tasks such as library and staff relocations, geotechnical testing and soils mitigation and other “above-scope” components needed to be addressed. Based on these changes, additional scopes of work need to be added to or amended to our current LPA agreements; and

WHEREAS, the LPA master agreement is proposed to be amended to reflect the additional $316,194.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or Designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the amount of $316,194 to address changes in the scope of the Civic Center project; and

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of August 2008 by the following vote:


EXHIBIT A

AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL SERVICES
LPA, Inc.

This Amendment No. Two is entered into and effective as of the ___ day of _______________, 2008, amending the agreement dated April 24, 2007 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and LPA, Inc., a California corporation (“Consultant") (collectively, the “Parties”) for scope of work changes to the Civic Center projects.

RECITALS

A. On August 20, 2007, the Parties executed Amendment No. One to the Agreement to include architectural planning, design and related services for the New Community Center.

B. The Parties desire to further alter the Agreement’s scope of work to include the Library Relocation project and amend the scope of work for the New City Hall, New Community Center, Civic Center Plaza and Civic Center Parking Facility to address changes associated with feasibility studies, soils mitigation efforts, deductive alternates and audio visual design.

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

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

1. Exhibit “A” to the Agreement, which describes the Services, is hereby amended to include those services described in Exhibit “A” attached hereto.

2. The total amount of compensation to be paid to Consultant under the Agreement for the Services is hereby increased by three hundred sixteen thousand one hundred ninety-four dollars ($316,194) for a total not to exceed amount of four million nine hundred sixty-seven thousand six hundred and thirty-eight dollars and sixty cents ($4,967,638.60).

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:



* By:

Printed Name:

Title:



** By:

Printed Name:

Title:

CITY:



By:
Donna Landeros, City Manager

ATTEST:

By:
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

By:
Damien Brower, City Attorney


If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups.

*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer

Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.



SCOPE OF SERVICES

1. Library Relocation to Tech Center

This scope of this work includes early design of staff space at Tech Center, subject design of library at Tech Center prior to direction to move to Annex Building, and redesign of front desk area and new lobby doors.

The cost for these services will exceed $6,892.50.

2. Library Design at Annex Building

This scope of work involves the design of the interim library at the Annex Building and involves:

As-built survey drawings Construction documents
Schematic design Construction management coordination
Design development Construction administration

The cost for these services will not exceed $161,000.00.

3. Community Center Phasing Options

The scope of this work includes the design for the possibility of phasing the construction of the Community Center and includes the following tasks:

Site plans Irrigation plans
Floor plans Engineering calculations
Client meetings Coordination of consultants
Plan check Construction administration

The cost of these services will not exceed $23,400.

4. Soils Mitigation Efforts

The scope of this work includes the redesign of the post tension slabs at City Hall and Community Center and cost estimating for both:

Engineering plans Client meetings
Coordination of consultants Specifications
Plan check Bid documents
Construction administration

The cost of these services will not exceed $83,940.00.

5. Audio Visual Design – Extra Services

The scope of this work involves providing additional services on audio visual needs for the City Hall and Community Center. This consists of:

Details / Engineering Plan / Equipment Specifications and Client meetings

The cost of these services will not exceed $40,962.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov