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 Agreem ent 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 Ren ovation. 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 cond itions of the Agreement shall remain in full force and effect.
[signature page to follow]
EXHIBIT 1
EXHIBIT A-1
FutsalBasketballGymnasiumAquatic CenterParkNorthParkSouthBandshell &AmphitheaterPlayground EXHIBIT A – 1 OF 210.21.2023
FutsalBasketballGymnasiumEXHIBIT A – 1 OF 210.21.2023
EXHIBIT B-1
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
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.
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
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
EXHIBIT C-1
ORIGINAL CONTRACT
LUMP SUM BUDGET AMOUNTS, PER PART AND TASK AND STIPULATED IN OUR CONTRACT PROFESSIONAL DESIGN FEES MATRIX - EXHIBIT 1
BREAKDOWN OF LUMP SUM FEES BASED UPON HOURLY RATES
REVISED September 19, 2023 - Single Pool Aquatic Center at $12MM Budget Two Pool REVISED October 21, 2023 - Two Pool Aquatic Center at $22MM Budget Aquatic Center $22MM Budget
PART I - CONCEPT PLANNING (30%)
TASK 1 PRELIMINARY CONCEPT PLANNING (REMOVED FROM ELS SCOPE) -$ -$ TASK 2 FINAL CONCEPT DESIGN 336,000.00$ # 243,809.01$ SUBTOTAL FOR PART 1 - CONCEPT PLANNING AND CEQA/NEPA 336,000.00$ 243,809.01$ PART II - CONTRACT DOCUMENTS (60%, 90% and 100%)
TASK 3 DESIGN DEVELOPMENT PHASE 60% 360,000.00$ # 261,223.94$ TASK 4 CONSTRUCTION DOCUMENTS 90% - PRE FINAL 432,000.00$ # 313,468.73$ Permit
TASK 5 CONSTRUCTION DOCUMENTS PHASE 100% PERMIT AND BID ISSUE 71,000.00$ # 51,519.17$ Bid Issue
SUBTOTAL FOR PART 2 - CONTRACT DOCUMENTS 863,000.00$ 626,211.84$ SUBTOTAL FEED PART 1 and PART 2 1,199,000.00$ 870,020.85$ TASK 6 Construction Support Phase - Optional Service 288,000.00$ # 208,979.15$ SUBTOTAL FOR CONSTRUCTION SUPPORT PHASE - OPTIONAL SERVICE 288,000.00$ 208,979.15$ TOTAL DESIGN FEE 1,487,000.00$ # 1,079,000.00$
Single Pool
Aquatic Center
$12MM Budget
SINGLE POOL CONCEPT
ASR #3
DELTA
Increase for a
2-Pool Concept
$22MM Budget
MEMORIAL PARK MASTER PLAN AND REIMAGINED AQUATIC CENTER
CITY OF SANTA ANA