Consent Item 10
Staff Report Item 10
TO: East Bay Community Energy Board of Directors
FROM: Nick Chaset, Chief Executive Officer
SUBJECT: Amendment of Consulting Services Agreement with Komorous-Towey Architects for architectural and engineering services
DATE: November 16, 2022
__________________________________________________________________ Recommendation
Approve a Resolution that delegates authority to the CEO to negotiate and execute a First Amendment to the Consulting Services Agreement (Agreement) with Komorous-Towey Architects. The Amendment would expand the architectural scope of work for the build of EBCE’s headquarters at 251 8th Street in Oakland and would increase the compensation by $474,012 for a total amount not to exceed $1,074,012.
Background and Discussion
In January 2022, EBCE issued a Request for Qualifications for architectural services to Alameda County’s General Service Agency’s pre-qualified architectural firms. Through this solicitation process, EBCE received two responses. EBCE selected Komorous-Towey Architects (KTA), headquartered in the Bay Area with offices in Oakland and having extensive experience working in Alameda County.
EBCE staff is seeking authority to amend the Agreement to expand the architecture and engineering work. The scope of work will progress from the feasibility and schematic phases to design development, permitting, and construction phases. The increase in cost is due to the original scope of work being generic to accommodate limited information on building conditions and evolving understanding on what the office space was to become. KTA requires additional fees to complete the design and assist with construction administration as the project progressed.
Consent Item 10
Changes to the original scope include, but are not limited to the following:
• Window replacements
• Building HVAC system replacement
• Removal of structural columns
• Structural upgrades to seismic systems
• Corrections required to meet Building Code
• Replacement of roof membrane and the addition of roof insulation • LEED certification consultation
Fiscal Impact
The original Resolution adopted in February 16, 2022 authorized the CEO to negotiate and execute a Consulting Services Agreement for an amount ranging between $400,000 and $600,000, while the original CSA had a maximum compensation for $400,000. The CEO still has authority to add another $200,000 as provided by the Resolution the Board approved in February 2022, however, more funds are required to cover the costs of the work that the space requires.
The Amendment will increase the compensation by $474,012 for a total amount not to exceed $1,074,012.
Attachments
A. Resolution Authorizing the CEO to Negotiate and Execute a First Amendment to the CSA with Komorous-Towney Architects
Attachment Consent Item 10A
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST BAY COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO
NEGOTIATE AND EXECUTE A FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH KOMOROUS-TOWNEY ARCHITECTS
WHEREAS The East Bay Community Energy Authority (“EBCE”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, Under the Joint Exercise of Power Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of EBCE and parties to the JPA in March of 2020.
WHEREAS EBCE has purchased an office building at 251 8th Street, Oakland, that requires renovations to be utilized;
WHEREAS EBCE issued a Request for Qualifications (RFQ) in January 2022 for architectural services to all five vendors from Alameda County’s General Service Agency list of pre-qualified architectural firms with the intent of finding a qualified firm to provide renovation services for the 251 8th Street office building; WHEREAS EBCE selected the vendor Komorous-Towey Architects and executed a Consulting Services Agreement effective March 14, 2022, for architecture and engineering services;
WHEREAS The original Resolution dated February 16, 2022 authorized the CEO to negotiate and execute a Consulting Services Agreement for an amount ranging between $400,000 and $600,000, and a CSA was executed with maximum compensation of $400,000. The CEO has existing authority to add another $200,000 from the resolution in February 2022; and
WHEREAS EBCE desires to expand the scope of work under the original Consulting Services Agreement requiring an additional $474,012 in total compensation, beyond the previously authorized $600,000, in order to complete the additional work.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE EAST BAY COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The CEO is authorized to negotiate and execute a First Amendment to the Consulting Services Agreement with Komorous-Towey Architects to expand the scope of services and to increase the compensation by $474,012 for a total amount not to exceed $1,074,012.
Attachment Consent Item 10A
ADOPTED AND APPROVED this 16 day of November, 2022.
Dianne Martinez, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board