HomeMy WebLinkAboutItem 07 - Amend Agreement for Memorial Park and Aquatics Facility RenovationPublic Works Agency
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Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 5, 2023
TOPIC: Memorial Park and Aquatics Facility Renovation
AGENDA TITLE
Amendment to the Fiscal Year 2023-24 CIP, and Amendment to the Agreement with
ELS Architecture and Urban Design to Increase the Contract Amount for the Memorial
Park and Aquatics Facility Renovation. (Project No. 22-1415) (Non -General Fund)
(Revive Santa Ana Program)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize $8,398,266 in revenue
received in the current year and from prior years into the Residential
Development District 3, Park Acquisition & Development Fees revenue account
and appropriate the same amount into the Residential Development District 3,
Improvements Other Than Building expenditure account. (Requires five
affirmative votes)
2. Approve an appropriation adjustment to recognize $41,829 in revenue received
from prior years, the Residential Development District 3, Park Acquisition &
Development Fees revenue account and appropriate the same amount into the
Residential Development District 3-In Lieu, Improvements Other Than Building
expenditure account. (Requires five affirmative votes)
3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement
Program to include $11,298,265 for the Memorial Park and Aquatic Facility
Renovation (Project No. 22-1415) (Non -General Fund)
4. Authorize the City Manager to execute the first amendment to the agreement
with ELS Architecture and Urban Design to increase the Contract Amount by
$1,079,000 for a total amount not to exceed $2,858,170 for the architectural
design services for a new Memorial Park and Aquatics Facility Renovation for the
remaining term of the agreement, beginning December 5, 2023 through August
14, 2026, including up to two one-year periods upon a writing executed by the
City Manager and City Attorney (Agreement No. 2023-XXX).
Amend Agreement for Memorial Park and Aquatics Facility Renovation
December 5, 2023
Page 2
GOVERNMENT CODE 484308 APPLIES: Yes
DISCUSSION
Memorial Park, dedicated in May 1950, is a 16.3 acre city park located in the central -
south area of the City of Santa Ana. Both the community center and pool are original to
the park and were installed in 1956. These facilities are old and deteriorated, preventing
routine maintenance and renovations from being effective. Additionally, the floor plan
layout no longer meets today's programming needs.
On August 15, 2023, City Council awarded an agreement to ELS Architecture and
Urban Design for architectural design services for the Memorial Park and Aquatics
Facility Renovation. At that time, the contract amount was based on the total available
project funding of $10 million.
During concept planning, the consultant advised that the cost of rebuilding the aquatics
building and a 50-meter pool would far exceed the budget due to cost escalation,
increased labor costs, unpredictable market conditions, and a recommended
consideration of an alternative two -pool option. This alternative has additional benefits
for both programmatic and budgetary reasons. Acting on the two -pool option would
serve a larger audience as it includes both a 25-yard competitive pool and a family pool.
A two -pool option would also be phased, enabling the project to be partially completed
within the existing budget.
After an extensive community outreach effort, including the Memorial Park
Neighborhood Association and five schools that serve the Memorial Park community,
the two -pool concept was overwhelmingly supported by the community. Staff
recommends that the two pool concept be fully designed for construction. This
recommendation comes with the support of the community. The estimated cost for a
new aquatics facility, which includes a new building and the two pools is $22 million.
Staff recommends amending the consultant's contract to include this additional scope of
work and move forward with development of plans and specifications of the aquatics
facility project (Exhibit 1).
FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2023-24. Any
remaining balances not expended at the end of the fiscal year will be presented to City
Council for approval of carryovers to FY 2024-25. The table below indicates the estimated
expenditures by fiscal year.
Amend Agreement for Memorial Park and Aquatics Facility Renovation
December 5, 2023
Page 3
Accounting
Accounting Unit,
Fiscal
Year
Unit —
Account No.
Fund Description
Account No.
Amount
(Project No.)
Description
Original Contract Amount
2023-24
18117013-
ARPA — PWA,
$1,779,170
66220
American Rescue
Improvements Other
(22-1415)
Plan Act (ARPA)
Than Buildings
Amendment
2023-24
18117013-
American Rescue
ARPA —PWA,
$1,079,000
66220
Plan Act (ARPA)
Improvements Other
22-1415
Than Buildings
TOTAL
$2,858,170
Appropriation Adjustments
2023-24
31313260-
Residential
Acquisition &
$8,398,266
66220
Development
Development,
(22-1415)
District 3
Improvements Other
Than Buildings
2023-24
31313261-
A & D IN Lieu,
$41,829
66220
Improvements Other
(22-1415)
Residential
Than Buildings
Development
District 3
TOTAL
$8,440,095
GRAND TOTAL
$11,298,265
EXHIBIT(S)
1. Agreement with ELS Architecture and Urban Design
2. Amendment to Fiscal Year 2023-24 CIP
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Tom Hatch, Interim City Manager
EXHIBIT 1
FIRST AMENDMENT TO AGREEMENT WITH
ELS ARCHITECTURE AND URBAN DESIGN TO PROVIDE
LANDSCAPE ARCHITECTURAL SERVICES
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on
December 5, 2023, by and between ELS Architecture and Urban Design ("Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City"). (Consultant and City are also referred
to as the "Parties.")
RECITALS
A. The Parties entered into Agreement No. A-2023-150 ("Agreement") dated August 15,
2023 to provide master planning, preparation of contract documents, and construction
support for the new Memorial Park and Aquatics Facility Renovation. The Agreement
term runs until August 14, 2026 and is current and in effect.
B. The parties now wish to amend the Agreement to revise the scope of services to include a
"two -pool concept aquatic center" and increase the overall compensation in consideration
of the increased scope under the Agreement. No other changes are contemplated by this
First Amendment.
The Parties therefore agree:
1. Section 1, Scope of Services, is amended as follows:
a. Exhibit A-1 to this First Amendment shall replace the schematic drawing, marked as
Exhibit 1, on the last page of Exhibit A.
b. Exhibit B-1 to this First Amendment, identified as the October 23, 2023 proposal for
a request for additional services, shall be included as part of the Consultant's proposal
in Exhibit B.
2. Section 2.a., Compensation, is hereby amended to increase the total compensation by one
million, seventy-nine thousand dollars and no cents ($1,079,000.00). The total
compensation amount for this Agreement shall not exceed two million, eight hundred and
fifty-eight thousand, one hundred and seventy dollars and no cents ($2,858,170.00). Rates
and charges shall be amended to include Exhibit C-1 to this First Amendment.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
[signature page to follow]
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT WITH
ELS ARCHITECTURE AND URBAN DESIGN TO PROVIDE
LANDSCAPE ARCHITECTURAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Jonathan T. Martine
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
ELS ARCHITECTURE AND
URBAN DESIGN
Assistant City Attorney Project Manager/Principal in Charge
EXHIBIT A-
EXISTING SPORTS FIELDS
W. ST GERTRUDE PL
ANNUL
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Playground Park
North
FutsalLU
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Center °
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Basketball
4 Park
Bandshell & South
Amphitheater,
W. ANAHURST PL
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EXHIBIT B- I
els+ architecture+
urban design
Santa Ana Memorial Park Master Plan and Aquatic Center
Additional Service Request No. 03
Scope increase to include two -pool concept aquatic center, as recently presented during community
engagement process and represented in the attached Memorial Park Master Plan dated October 21,
2023 — Please see attached Exhibit A
Date October 23, 2023
To Suzi Furjanic, City of Santa Ana
From Clarence Mamuyac/Kenneth Hasegawa
Project Santa Ana Memorial Park Master Plan and Aquatic Center
Subject Request for Additional Service Fees No. 3
ELS requests an increase in contract fees for the following:
Advancing the Aquatic Center Concept for Memorial Park from a single pool aquatic center and
construction budget of $12MM, to a two -pool aquatic center concept with a construction budget of
$22MM. Some of the effort for this increased scope has been completed under PART I — Concept
Planning (30%), but most of the increased scope will be carried forth under PART II — Contract
Documents (60%, 90% and 100%). Construction Support is included as an optional service.
In the interest of time, and while this ASR #3 is processed, we are requesting an email authorization
to advance the scope of the work described above, as part of PART II — 60% (Design Development)
scope per our contract. We would like to receive that email authorization by 5pm on Monday,
October 23.
Please see our Fee Matrix, Exhibit B for a breakdown (by PART and TASK) of our lump sum, not -to -
exceed fee increase of $1,079,000.00 for the scope described in this ASR. The effort will include ELS
Architecture and Urban Design and SWA Landscape Architects, as well as the following:
• Aquatic Design Group (Pools)
• KPFF (Civil)
• John A Martin and Associates (Structural)
• Guttmann & Blaevoet (MEP)
• Mack5 (Cost Estimating)
If the City of Santa Ana is agreeable to the above, please sign below and return a signed copy to our
office, or we will look forward to receiving an amendment to our agreement. This Additional
Services Request will increase our total contract dollar amount by $1,079,000.00 (One Million,
Seventy -Nine Thousand Dollars and Zero Cents) + Reimbursable Expenses.
2040 Addison Street Berkeley, CA 94704 510.549.2929 elsarch.com
els+
architecture+
urban design
Thank you in advance for your consideration. Should you have any questions, please do not hesitate
to contact us.
APPROVED
Suzi Furjanic, AIA
Associate Park & Landscape Planner
City of Santa Ana, Public Works Agency
Attachments:
• Memorial Park Master Plan, Dated 10/21/2023
• Fee Matrix, dated 10/22/2023
End of Additional Service Request No. 3
2040 Addison Street Berkeley, CA 94704 510.549.2929 elsarch.com
EXHIBIT C- I
CITY OF SANTA ANA
:MORIAL PARK MASTER PLAN AND REIMAGINED AQUATIC CENTER
SWa I ORIGINAL CONTRACT
LUMP SUM BUDGET AMOUNTS, PER PART AND TASK AND STIPULATED IN OUR CONTRACT I SINGLE POOL CONCEPT
BREAKDOWN OF LUMP SUM FEES BASED UPON HOURLY RATES
REVISED September 19, 2023 - Single Pool Aquatic Center at $12MM Budget Single Pool
REVISED October 21, 2023 - Two Pool Aquatic Center at $22MM Budget Aquatic Center
$12MM Budqet
TASK 3 DESIGN
TASK 4 CONSTR
Permit
TASK5 CONSTR
Bid Issue
TASK 6 Construction Support Phase - Optional Service $ 288,000.00
TOTAL DESIGN FEE
ASR #3
DELTA
Increase for a
2-Pool Concept
$22MM Budget
$ 243,809.01
$ 243,809.01
$ 261,223.94
$ 313,468.73
$ 51,519.17
i r r
$ 208,979.15
is
$ 1,079,000.00
EXHIBIT 2
PROJECT TITLE:
Memorial Park & Aquatics Facility
Renovation
PROJECT CATEGORY:
City & Park Facility Improvements
Park Facility
LOCATION MAP A
N
AGENCY:
Public Works
CITY OF SANTA ANA FY 23/24CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Design services for Memorial Park and Aquatics Facility
Renovations
PROJECT NEED:
The existing facilities are old and deteriorated, routine maintenance
and renovations are no longer effective, and in addition, the floor plan
layout does not meet today's programming needs.
PROJECT COSTS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130
Construction 8,440,095 - - - -
Engineering 2,858,170
TOTAL 11,298,265 - - -
SOURCE OF FUNDS FY 23f24 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130
A & D District 3 8,398,266 - - - - - -
A & D District 3 In -Lieu 41,829
ARPA Funds 2,858,170 -
TOTAL 11,298,265 - - - - - -
DIVISION:
Parks, Fleet & Facilities
CONTACT:
Suzi Furjanic, Assoc. Park Planner
DATE:
07-Nov-2023