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32. Swinerton first amendment Mary Ave FootbridgeC U P S RT I N O PUBLIC WORKS DEPARTMENT Summary - AGENDA ITEM ~ AGENDA DATE August 5, 2008 SUBJECT AND ISSUE Adopt a resolution authorizing the City Manager to negotiate and execute the First Amendment to the agreement with Swinerton Management and Consulting for construction management services for the completion and closeout of the Mary Avettue Bicycle Footbridge Project in an amount not to exceed $300,000 for a total contract of $900,000 and approval for additional services as may be required subject to the approval of the Director of Public Works in an amount not to exceed $100,000. BACKGROUND On December 6, 2006 the Council approved the initial agreement with Swinerton Management and Consulting (Swinerton M&C) for Construction Management services for the Mary Avenue Bicycle Footbridge in the amount of $600,000. Swinerton has provided extremely valuable services represented by experienced team of construction managers whose members have both design and construction experience on bridges working closely with Caltrans inspectors. Additionally, one of .their sub consultant teams has the singular advantage of having worked directly with several bridge contractors in developing theix cable tensioning sequences. The same sub consultant team also prepared bridge construction sequencing criteria for Caltrans that is now a standard throughout California. This degree of professional expertise and experience in one team is unique and has been especially valuable to the City's project. Swinerton's expertise was especially valuable during the latter half of 2007 when the City made the transition from a concrete bridge to the far simpler and more efficient steel structure (and, in staff s opinion more elegant) now under construction. On August 21, 2007 and on November 11, 2007 upon award of the construction contract the final budget of $14,800,000 included $900,000 for construction management services to complete the steel bridge alternative. 'This proposed first amendment to the agreement with Swinerton M&C in the amount of $300,000 will provide funding for the construction management services to complete and closeout the project. 32-1 in addition staff is recommending the approval of up to $100,000 from the project construction contingency for additional services that may be required during the course of the project to address unforeseen activities or circumstances and these additional services would only be approved if needed by the Director of Public Works. FISCAL IMPACT Funding is available in the approved project budget, Account No. 428-9449-9300 so no additional fundzng is required. STAFF RECOMMENDATION Adopt Resolution No. 08- I I.3 ,authorizing the City Manager to negotiate and execute the First Amendment to the agreement with Swinerton Management and Consulting for construction management services for the completion and closeout of the Mary Avenue Bicycle Footbridge Project in an amount not to exceed $300,000 for a total contract of $900,000 and approval for additional services as may be required subject to the approval of the Director of Public Works in an amount not to exceed $100,000. Submitted by: Approved for submission: ~~ %~~ ~.~~~vF Ralph A. Qualls, Jr. Director of Public Works David W. Knapp City Manager 32-2 ~~~~~ RESOLUTION N0.08-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SWINERTON MANAGEMENT,& CONSULTING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT WHEREAS, On December 6,' 200b, the Council .approved the initial agreement with Swinerton Management and Consulting (Swinerton M&C) for Construction Management services for the Mary Avenue Bicycle Footbridge; WHEREAS, On August 21, 2007 and on November 11, 2007, upon award of the construction contract, the final project budget included funds for construction management services to complete the steel bridge alternative; WHEREAS, this proposed first amendment to the agreement with Swinerton M&C will provide funding for the construction management services to complete and closeout the project. NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute the First Amendment to the agreement with Swinerton Management and Consulting for construction management services for the completion and closeout of the Mary Avenue Bicycle Footbridge Project in an amount not to exceed $300,000 for a total contract of $900,000 and approval for additional services as may be required subject to the approval of the Director of Public Works in an amount not to exceed $100,000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of August 2008, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: ~ APPROVED: City Clerk Mayor, City of Cupertino 32-3