Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager

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1 Office of the City Manager CONSENT CALENDAR June 14, 2011 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Andrew Clough, Acting Director, Public Works Subject: Contract No. 7185F Amendment: Design, Community, and Environment for Additional Construction Administration Services for the East Touchdown Plaza and the Animal Shelter RECOMMENDATION Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7185F with Design, Community, and Environment (DC&E) for additional landscape and civil engineering construction administration and design services on the East Touchdown Plaza and Animal Shelter projects, in an amount of $75,144 for a total revised contract amount not to exceed $500,696 and maintaining the contract term through December 31, FISCAL IMPACTS OF RECOMMENDATION Funding for the contract amendment with DC&E is available in the FY 2011 budget from the following Funds. MTC Fund: , Project 01PK73... $59,006 Animal Shelter Land/Building Fund: , Project 05CB17) $16,138 Total amount of contract amendment $75,144 Original contract amount... $148,641 Previous amendments to contract... $276,911 This contract amendment (see budget codes, above) $75,144 Revised not to exceed amount of contract $500,696 The Contract Management System number for this amendment is AWY5L. CURRENT SITUATION AND ITS EFFECTS DC&E is providing landscaping and civil engineering construction administration services for the East Touchdown Plaza and Animal Shelter projects. Parks, Recreation and Waterfront requested design and construction drawings of additional amenities for Aquatic Park, where the East Touchdown Plaza will be located, to include: 1) wayfinding signage; 2) additional interpretive signage; 3) aesthetic amenities; 4) trash receptacles; 5) additional benches; and 6) bike racks Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 Contract 7185F Amendment: DC&E for Additional Construction Administration Services Consent Calendar for the Animal Shelter and East Touchdown Plaza June 14, 2011 In addition, during excavation for drilled piers along the east and west property lines on the Animal Shelter site concrete obstructions were encountered. The discovery of these obstructions requires modification of the foundation systems for the retaining wall on the east property line, and the pre-cast panel wall on the west property line. A contract amendment is needed for consultant s time to incorporate these unforeseen conditions encountered during the early construction phase of the project, which were outside of the contracted scope of work. BACKGROUND DC&E has provided all landscape design services, civil engineering services and construction administration throughout the course of the Animal Shelter and East Touchdown Plaza (ETP) projects. The following is a chronological summary: February 2007 Original Contract No. 7185: Parks, Recreation, and Waterfront (PRW) received City Council authorization to execute a contract with DC&E to provide design services for the ETP project. April st Contract Amendment 7185A: PRW received Council authorization to amend DC&E s contract for additional design services to complete Construction Documents for the ETP project. Spring nd Amendment 7185B: The City was in the process of purchasing the real property at 1 Bolivar Drive as the site for the new animal shelter, which is adjacent to the ETP project site. In order to maintain consistency and continuity between the two projects, Public Works (PW) and PRW decided to combine them and received Council authorization to amend the contract to incorporate landscape design services through schematic design phase of the animal shelter project. December rd Amendment 7185C: After the 1 Bolivar Drive property was purchased, PW received authorization to amend the contract to complete the landscape design through construction drawings and specifications. June th Amendment 7185D: PW received authorization to amend the contract to include a Value Engineering/Budget Workshop, Design Review preparation, LEED coordination, additional geotechnical services, and modification to existing ETP drawings. December th Amendment 7185E: PW received authorization to amend the contract to include design and construction drawings for site amenities including: interpretive signage; benches; a cast metal bicycle plan map for installation in the plaza area; a re-survey of the north end of Aquatic Park Lagoon; and revision of the wetland delineation map that was needed to update the permit from the US Army Corps of Engineers. April th Amendment 7185F: PW received authorization to amend the contract to include Construction Administration Services for the ETP and animal shelter projects. Page 2

3 Contract 7185F Amendment: DC&E for Additional Construction Administration Services Consent Calendar for the Animal Shelter and East Touchdown Plaza June 14, 2011 RATIONALE FOR RECOMMENDATION The City does not currently have sufficient resources or staff expertise to perform the necessary services required for this scale of a project. It is therefore necessary to further amend the contract with DC&E. ALTERNATIVE ACTIONS CONSIDERED There are no viable alternatives. CONTACT PERSON Jeffrey Egeberg, Manager of Engineering, Public Works, Lorin Jensen, Supervising Civil Engineer, Public Works, Primitivo Suarez-Wolfe, Assistant Architect, Public Works, Attachments: 1: Resolution Page 3

4 RESOLUTION NO. ##,###-N.S. CONTRACT NO. 7185F AMENDMENT: DESIGN, COMMUNITY, AND ENVIRONMENT FOR LANDSCAPE CONSTRUCTION ADMINISTRATION SERVICES FOR ANIMAL SHELTER AND EAST TOUCHDOWN PLAZA WHEREAS, on February 13, 2007 the City Council authorized the City Manager to execute a contract with Design, Community, & Environment (DC&E) for planning and design services for the East Touchdown Plaza (Resolution No. 63,579-N.S.); and WHEREAS, on April 22, 2008 the City Council authorized the amendment to Contract No for additional design services in order to complete the construction bid package (Resolution No. 64,028-N.S.); and WHEREAS, on October 7, 2008 the City Council authorized the amendment to Contract No. 7185A for additional design services in order to incorporate the new Animal Shelter site (Resolution No. 64,217-N.S.); and WHEREAS, on November 18, 2008 the City Council authorized the amendment to Contract No. 7185B for additional design services to coordinate, complete the construction drawings, and incorporate both projects into a single bid package (Resolution No. 64,260-N.S.); and WHEREAS, on June 23, 2009, the City Council authorized the amendment to Contract No. 7185C for a meeting with the landscape architects and their consultants to review the construction cost estimate, for amendments to the seventy percent drawings, preparation of materials for Design Review Committee, LEED coordination, and additional needed survey and geotechnical services (Resolution No. 64,511-N.S.); and WHEREAS, on December 15, 2009 the City Council authorized the amendment to Contract No. 7185D for additional landscape design services in order to incorporate plan check corrections from the Permit Service Center that were outside of the contracted scope of work (Resolution No. 64,742-N.S.); and WHEREAS, on April 20, 2010 the City Council authorized the amendment to Contract No. 7185E to include landscape construction administration during construction of the Animal Shelter and East Touchdown Plaza (Resolution No. 64,840-N.S.); and WHEREAS, additional landscape and civil engineering construction administration and design services are required for East Touchdown Plaza and Animal Shelter projects; and WHEREAS, funds are available in the FY 2011 budget from the Animal Shelter Land/Bldg Fund (Budget Code Project Code 05CB17) and the MTC Fund (Budget Code Project Code 01PK73) and the DC&E contract amendment has been assigned CMS No. AWY5L.

5 NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment with Design, Community & Environment (DC&E) for additional construction administration and design services for the Eastern Touchdown Plaza and Animal Shelter for a revised contract amount not to exceed $500,696 and maintaining the contract term through December 31, 2011.

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