City of Piedmont
COUNCIL AGENDA REPORT
DATE: July 18, 2022
TO: Mayor and Council
FROM Sara Lillevand, City Administrator
SUBJECT: Consideration of an Amendment to the Existing Agreement with ELS Architecture & Urban Design for Architecture and Engineering Design Services to Include Frontage and Right-Of-Way Improvements Surrounding the Piedmont Community Pool Project and Approval of an Appropriation and Amended Budget for the Agreement
RECOMMENDATION
By a single motion, take the following actions with regard to the proposed amendment to the agreement with ELS Architecture & Urban Design (ELS) for Architecture and Engineering Design Services to include Frontage and Right-Of-Way Improvements surrounding the Piedmont Community Pool Project:
2. Approve the proposed amendment to the agreement with ELS for Architecture and Engineering Design Services for the Piedmont Community Pool Project, based on a time and materials basis, at an amount not to exceed $75,140.
2. Approve an appropriation of $75,140 from the Facilities Capital Fund to cover the expense and amend the overall budget for this amended agreement of $2,550,694 and authorize the City Administrator to spend up to this amount.
BACKGROUND
At the October 18, 2021, Council meeting, ELS was awarded an agreement to provide design services for the Piedmont Community Pool Project. The original agreement with ELS did not include improvements to the public right-of-way surrounding the new facility, including Americans with Disabilities Act (ADA) accessibility access ramps, ADA parking, and sidewalk, curb, or tree removal and replacement. These improvements will be required, and staff believes that amending ELS’s current agreement will allow these improvements to be included in a sole bid for the Piedmont Community Pool and will result in cost savings, time savings, and reduce potential liability that would arise from having separate designers and contractors working in close proximity to one-another.
FISCAL CONSIDERATIONS
The fee for ELS’s design services, which will cover the preparation of design documents and construction administration support services, is $75,140. Staff recommends allocating funds from the Facilities Capital Fund to perform the services covered by this additional scope. These services will be tracked and invoiced separately such that FCF rather than Measure UU funds are expended on the frontage and right-of-way improvements.
CITY ATTORNEY REVIEW
The attached “Amendment to Contract” was drafted by David Rosenthal, an attorney with Burke, Williams, & Sorenson specializing in construction law, contract formation, negotiation and dispute resolution, and was reviewed and approved as to form and legality by the City Attorney.
ATTACHMENTS
1. Amendment to Contract with ELS
By: Daniel Gonzales, Director of Public Works
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