HomeMy WebLinkAbout10-11-09 - Civic Center Project -BCJ Construction SupportCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S17
November 9, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbadum(o).newportbeachca.00v 949 - 644 -3311
SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI
JACKSON FOR CONSTRUCTION SUPPORT
ISSUE
Construction support services are needed for the construction of the Civic Center,
including the City Hall office building, library addition, parking structure and park, to
provide clarification and to ensure compliance with the project plans and specifications.
RECOMMENDATIONS
1) Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San
Francisco, California, for the architectural design services including Construction
Support at a not to exceed price of $3,935,112 and authorize the Mayor and City
Clerk to execute the Agreement.
2) Approve Budget Amendment No. 11 BA- appropriating $3,935,112 from the
Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account
No. 7410- C1002009.
DISCUSSION
On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the
architect for the Newport Beach Civic Center Project. Since that selection, BCJ. has
successfully completed the Conceptual Design, Schematic Design, Design
Development, and Construction Document phases of the Civic Center project. The
project plans are now complete and a Building Permit is anticipated to be issued by
November 4, 2010. C.W. Driver has pre - qualified potential bidders and is currently
preparing bid packages for the various trades.
During the bidding process and subsequent construction, bidding and construction
support will be required to ensure quality and compliance to the projects plans and
specifications . The proposed work scope is based upon an eight week bidding process
and a 20 month construction schedule and will provide support services on an as
needed basis. The work scope includes:
Newport Beach Civic Center Project — Approval of Professional Services Agreement with Bohlin Cywinski Jackson for Architectural
Design Services — Construction Documents and Support
November 9, 2010
Page 2
Bid Process Support
• Interpretation of construction drawings and specifications
• Issuance of addenda during bidding process to clarify bid documents
• Respond to bidder's questions
• Coordination with Building Plan check and additional permitting, if required
Construction support
• Interpretation of construction drawings and specifications.
• Meetings and site visits.
• Responding to requests for information (RFI) during construction.
• Review of materials submittals and construction mock -ups.
• Field review of constructed work for design intent and assist the City with plan
and specifications compliance.
• Coordination with the City's LEED Documentation Coordinator and LEED
Commissioning Agent.
The project schedule anticipates the continuation of weekly coordination meetings with
staff and periodic site visits. A more detailed work scope and tentative schedule is
included in Exhibit B within the attached Professional Services Agreement (PSA).
The proposed fee for the Bidding and Construction Support services including listed
subconsultants and anticipated reimbursable expenditures is at a total 'not to exceed'
cost of $3,935,112. The work scope is itemized and billing will be per the approved
billing rates as shown in Exhibit C of the attached PSA, which are the same as the
billing rates in the current contract (2009 rates).
Project Schedule & Phase Work Plan
This schedule has the following milestone phases:
Completed
Concept Refinement Phase: 1/15/09 — 4/14/09
Schematic Design Phase: 4/15/09 — 9/14/09
Design Development Phase: 9/15/09 — 3/18/10
Mass Excavation & Shoring Wall 100% Construction Documents: 1/29/10
Ongoing
Mass Excavation & Shoring Wall Construction: 4/28/10 — 2/14/11
Parking Structure — Construction Documents: 3/19/10 — 12/02/10
City Hall, Library, and Park Construction Documents: 3/19/10 — 11/04/10
Upcoming
.a
Newport Beach Civic Center Project— Approval of Professional Services Agreement with BohIin Cywin ski Jackson for Architectural
Design Services — Construction Documents and Support
November 9, 2010
Page 3
Parking Structure — Construction 2/14/11 — 11/01/11
City Hall, Library Addition, & Park construction: 01/12111 — 10/12/12
Move in: December 2012
ENVIRONMENTAL REVIEW
Architectural and Engineering services are not projects as defined in the California
Environmental Quality Act (CEQA) Implementing Guidelines.
FUNDING AVAILABILITY
CIVIC CENTER DESIGN /CONSTRUCTION COSTS TO DATE WITH BCJ
Design Competition
$50,000
Pre-Design Phase: Refining Conceptual Design
$647,675
Schematic Design and Design Development
$4,945,426
Construction Documents
$4,849,214
Design Subtotal =
$10,492,315
% of estimated construction value =
10%
Construction Support for Grading
$100,000
Bid & Construction Support 32 months
$3,935,112
Total
$14,527,427
With this final phase, the City will have encumbered approximately $14.5 million in
design and construction support costs with BCJ. The total encumbered for the design
of the project will be $10,492,315 or 10% of the estimated value of construction. The
10% of construction cost value is consistent with industry standards for projects of this
magnitude and high levels of public involvement. The total cost of Architectural
construction support totals $4,035,112 or approximately 3.8% of the estimated value of
construction. With the approval of the recommended Budget Amendment in the amount
of $3,935,112, sufficient funds are available in the following account:
Account Description
Newport Beach Civic Center
Submitted by:
KG. Badum
Works Director
Account Number Amount
7410- C1002009 $ 3,935,112.00
Attachments: PSA with BCJ, including work scope, schedule and fee exhibits
Budget Amendment
Based upon Early Schematic const. estimate, $105 million
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PROFESSIONAL SERVICES AGREEMENT WITH
BOHLIN CYWINSKI JACKSON FOR
NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT
PHASE THREE
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of , 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN
CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street,
Suite 300, San Francisco, California 94108 ( "Consultant') and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to have design and construction documents developed for a new
Civic Center and Park to be located at the 12 -acre site north of the Newport
Beach Central Library on Avocado Avenue, which will integrate the new City
Civic Center Building and Park with the existing library facility ( "Project').
C. Both City and Consultant recognize that the Project is complex and will need to
be completed in phases so that the City Council, committee members and the
public will have input regarding the design and eventual construction of the
Project. At this time, City desires to engage Consultant to provide professional
services for the third phase of the Project, which consists of architectural and
consultant services for the Bidding and Construction Administration (CA) Phases
less Mass Excavation CA of the Project. Both the City and Consultant recognize
that this Agreement will need to be amended for additional phases of the Project.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Gregory R.
Mottola, Vice President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2011 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may 'result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that. purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Million, Nine
Hundred Thirty -Five Thousand, One Hundred Twelve Dollars and no /100
($3,935,112.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City.
Professional Services Agreement Page 2
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4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Steven D. Chaitow to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
Professional Services Agreement Page 3
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6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office and Public Works
Department. David A Kiff as City Manager and /or Stephen G. Badum as Public Works
Director shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized representative
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
Professional Services Agreement Page 4
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8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
Professional Services Agreement Page 5
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term.
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's key Rating Guide, unless otherwise approved by the City's Risk
Manager.
Professional Services Agreement Page 6
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C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Professional Services Agreement Page 7
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Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
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16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
Professional Services Agreement Page 9
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
Professional Services Agreement Page 10
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financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Stephen G. Badum
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3311
Fax: 949 -644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Stephen D. Chaitow
Bohlin Cywinski Jackson
49 Geary Street, Suite 300
San Francisco, CA 94108
Phone: 415 - 989 -2100
Fax: 415 - 989 -2101
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900- et seq.).
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
Professional Services Agreement Page 11
f 4/ 9;
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
30. WAIVER
A.waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
Professional Services Agreement Page 12
authorship of the Agreement or any other rule of construction which might otherwise
apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap; ancestry, sex or age.
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B 7 to
Lennie Mulvihill
Assistant City Attorney
ATTEST:
Bv:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
11
Keith D. Curry, Mayor
CONSULTANT: BOHLIN CYWINSKI
JACKSON, a Pennsylvania Corporation
In
Gregory R. Mottola
Vice President
W. Dan Haden, III.
Vice President/Treasurer
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement
Page 14
i-7
EXHIBIT A
Bohlin Cywinski Jackson
Peter Q. Bohlin, FAIA
Bernard J. Cywinski, FAIA
Jon C. Jackson, FAIA
W. Dan Haden III, AIA
Frank W. Grauman, AIA
William D. Loose, AIA
Cornelius J. Reid III, AIA
Karl A. Backus, AIA
Gregory R. Mottola, AIA
C. Roxanne Sherbeck, AIA
Robert E. Miller, AIA
Raymond S. Calabro, AIA
27 October 2010
Mr. Stephen G. Badum
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Newport Beach City Hall and Park (BCJ Project #: 08519D)
Proposal for Bidding and Construction Administration Phase Services less Mass Excavation
CA (Exhibits A, B, C and D to PSA)
Dear Mr. Badum,
We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach
on the new City Hall and Park project. We look forward to building on the work completed with you during the
Concept Refinement, Schematic, Design Development and Construction Document Phases. Based on our
conversations with you we are submitting the following proposal for Architectural and Consultant Services for
the Bidding and Construction Administration (CA) Phases less Mass Excavation CA. This proposal contains
the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B), our Billing Rates, Fee
Proposal and Reimbursable Expenses Budget (Exhibit C) and Consultants' Proposals (Exhibit D) for the
Bidding and CA Phases.
We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be
of service to you in your efforts to create a new civic center for the City.
Sincerely,
Gregory R. Mottola, AIA
Principal
cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file
Architecture Planning Interior Design
Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco
Steven Chaitow, AIA
Senior Associate
49 Geary Street, Suite 300
San Francisco, California 94108 -5729
415-989-2100/Fax: 415-989-2101
i0 V
Bohlin Cywinski Jackson
Peter Q. Bohlin, FAIA
Bernard J. Cywinski, FAIA
Jon C. Jackson, FAIA
W. Dan Haden III, AIA
Frank Grauman, AIA
William D. Loose, AIA
Cornelius J. Reid III, AIA
Karl Backus, AIA
Gregory R. Mottola, AIA
C. Roxanne Sherbeck, AIA
Robert E. Miller, AIA
Raymond S. Calabro, AIA
08519D — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services:
EXHIBIT A — Scope of Services
A. Project Scope and Budget
Our proposal is based on the following project scope, budget, schedule and process assumptions:
As of the date of this proposal, the Project is about to conclude the Construction Document (CD) Phase for the
main portion of the project, as well as Construction Administration (CA) for the Mass Excavation portion of the
project. See BCJ's proposal dated 17th of March, 2010, included with the main Professional Services
Agreement (PSA) as Exhibit A, for the scope of work included with CDs and Mass Excavation CA. Prior to this
work BCJ completed the Design Development and Schematic Design Phases and Concept Refinement
services. Please see BCJ's proposals for the Schematic and Design Phases, dated the 7"' of April, 2009,
included with the main Professional Services Agreement (PSA) as Exhibit A and Concept Refinement services,
dated the 5" of January, 2009, also included with the main Professional Services Agreement (PSA) as Exhibit
A, for the scope of these earlier phases of work.
2. Project Scope:
The new City Hall and Park for Newport Beach project will consist of four major components as described
below. This project shall take the design developed and documented during the Concept Refinement,
Schematic, Design Development and Construction Phases and provide for the implementation of this design
through the bidding and construction administration phases. The Concept Refinement Phase design, scope
and budget were approved by the city council on the 14" of April, 2009. The Schematic Phase design, scope
and budget were approved by the city council on the 24`" of November, 2009. The Design Development
Phase design, scope and budget were approved by the city council on the 27'" of April, 2010. The City does
not have a separate approval for the Construction Document phase. The City Council is scheduled to approve
the project's GMP in the early part of January, 2011.
The four major components are as follows:
a. A new two -story City Hall Building that will consist of approximately 100,000 + /- square feet of building
area.
b. A three -story Parking Structure containing approximately 450 parking spaces. This garage has been
designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design
and Design Development phases. On the behalf of the City, the Program Manager hired the design -
build firm Bernal Construction to provide Construction Document and Construction phase services. This
firm is on the process of taking BCJ's Design -Build bridging documents and developing them into CD
phase construction documents. They will also be responsible for the construction of this garage. BCJ
Architecture Planning Interior Design 49 Geary Street, Suite 300
Wilkes- Barre/Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5729
415 - 989 - 2100 /Fax:415- 989 -2101
n
Bohlin Cywinski Jackson Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits/ Page 3
and its consultants will be reviewing the drawings and involved in the CA phase for conformance with
design intent.
c. Site development of approximately 17 acres that will integrate the library immediately to the south of the
site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This
includes the area to the south and west of the Library that was added in the Design Development Phase
and the replanting of the slope east of the Library to the south edge of the Library that was added in the
Construction Document Phase.
d. A two -story addition to the existing Central Library located immediately to the south of the City Hall site.
This addition will consist of approximately 15,000 square feet of building area.
3. Program:
The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002
prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program
and was refined, adjusted and approved as part of the Concept Refinement Phase.
This program was refined during the Schematic Design Phase. A summary of these changes was provided in
an email titled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 111h of December, 2009,
that were included with the Construction Document proposal as Exhibit "D" that is included herewith by this
reference. This message included a summary of the changes that were approved by the City Council on the
24" of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities
Needs Assessment, a file from the 121h of May, 2009 called "Alternative Work Space" and files from the 17� of
September, 2009 containing program comments for the One - Stop -Shop, the Building Department and the
Planning Department.
In addition, the City provided some initial project information at the start of the Concept Refinement phase.
This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and
is included herewith by this reference.
4. Project Budget:
The 50% Construction Document Phase Project Information provided by the City of Newport Beach's Program
Manager indicates the project budget to be in the range of $114 + 1- million construction costs for the project,
excluding soft costs. This breaks down to approximately $64.9M +/- for the City Hall Building, $8.5M +/- for the
Parking Structure, $22.8M +/- for the Park, $10.8M +/- for the Central Library Addition, and $7.5M +/- for the
significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over
San Miguel as an additive alternate.
This proposal anticipates that at the conclusion of the Construction Document Phase, the City of Newport
Beach will have confirmation from the 75% CD phase estimate that the project has remained on target with the
budget and that the project scope, budget and schedule remain as defined to date. BCJ will then proceed with
the Bidding and Construction Administration Phase services.
If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon
which this proposal and the attached Agreement are based, the Basic Services compensation shall be
adjusted subject to mutual agreement by the City of Newport Beach and BCJ.
B. Project Design Team
This proposal includes the following Basic Services team, including Architect and the following core Consultant
Team:
a. Architect Bohlin Cywinski Jackson (BCJ)
b. Structural Engineering Arup North America LTD (Arup)
c. Mechanical /Electrical /Fire Protection Engineers Arup North America LTD (Arup)
Bohlin Cywinski Jackson
Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 4
2. Other specialty consultants, such as the following, although not normally included in Basic Services scope, are
also included as part of this proposal:
(CWD)
b. LEED Document Coordinator
d.
Civil Engineer
Arup North America LTD
(Arup)
e.
Landscape Architect
Peter Walker Partnership
(PWP)
f.
Acoustical Design
Charles M. Salter Associates
(CSA)
g.
Audio Visual Systems Engineering
Charles M. Salter Associates
(CSA)
h.
Lighting and Daylighting Design Consultant
Arup North America LTD
(Arup)
i.
Telecom, Signal and Data Systems Consultant
Arup North America LTD
(Arup)
j.
Sustainability
Arup North America
(Arup)
k.
Security Systems Consultant
TransTech Systems, Inc.
(TransTech)
I.
Waterproofing Consultant
Allana Buick & Bets, Inc.
(ABB)
m.
Code Consultant
The Fire Consultants
(TFC)
n.
Food Service Consultant
HDA Pacific
(HDA)
3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's
Program Manager will be responsible for providing direction to these firms and coordinating their efforts with
BCJ and its consultants:
a. Program Manager
CW Driver
(CWD)
b. LEED Document Coordinator
EC2
(EC2)
c. Environmental Impact Report (EIR) Consultant
LSA Associates
(LSA)
d. Geotechnical Engineer
Leighton & Associates
(Leighton)
e. Commissioning Agent
Glumac Engineering
( Glumac)
f. Building Plan Check
Anderson Penna /Interwest
(Interwest)
4. The following firms will be under direct contract with the Program Manager. The City's Program Manager will
be responsible for providing direction to these firms and coordinating their efforts with the City, BCJ and its
consultants:
a. Design -Build Garage Firm Barrel Construction (Bomel)
5. BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of
Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by-
phase schedule as the Architect. BCJ services made necessary by delays or out -of- sequence actions,
changes or requests made by the City. of Newport Beach's staff or separate consultants or contractors shall be
compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport
Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as
part of Basic Services. Additional meetings, if required, shall be compensated as Additional Services, subject
to the terms of the PSA.
C. Project Delivery
1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to
subcontractors under the management of a Construction - Manager -at -Risk with two bid packages containing
scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by
a Design -Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing
them into CD phase construction documents. This same firm will then construct the garage. BCJ and its
consultants will provide review of these drawings and the construction for compliance with design intent.
2. If an alternate delivery method or changes to the scopes, quantity or schedule for bid packages are requested
by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to
mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages
for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or
construction prior to the completion of the Construction Documents Phase is not included as part of Basic
Di 0
Bohlin Cywinski Jackson Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 5
Services, and would be compensated as Additional Services if requested by the City. The budget for the Cost
of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple
separate parts of the project or for separate bid packages.
Bid Pkq No. Bid Package Scope Bid Package Schedule
1. Mass Excavation Package 17`" of March, 2010
2. Final GMP Package including the 4`" of November, 2010
balance of the Construction Documents.
DB Pka No. Package Scope by others Package Schedule
1. Garage Early November, 2010
D. Project Schedule
1. The Basic Services scope and fee is based on the schedule shown in Exhibit B. Changes to this schedule will
require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement.
2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant
team meetings) included as part of Basic Services shall not exceed the quantity as described in the Bidding
and Construction Administration scopes below. BCJ and Consultant attendance at additional meetings beyond
the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses.
Written authorization from the City of Newport Beach will be required prior to attendance at additional
meetings, subject to the terms of the PSA.
E. Bidding Scope of Basic Services
1. It is BCJ's understanding that during this phase the City and their Construction Manager will be responsible
for all bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide
services that will support the City's efforts:
a. Interpret Construction Documents.
b. Issue addenda as required in an eight -week bidding period to clarify the bid documents and /or
answer the questions of bidders. Beyond this, if the City requests design or scope changes to the
documents that require significant revisions to the contract documents, these shall be incorporated
into an addenda as an additional service. BCJ shall provide one bond copy of each addenda or
bulletins to the City and the City's Construction Manager. BCJ will also post this information on the
FTP site BCJ has established for communication with the City. The City's Construction Manager
will then issue them to the appropriate trade contractors.
C. Substitution requests will not be permitted during the bid period and services related to review of
substitution requests during the bidding phase are not included in the scope of services. Such
services, if requested by City will be addressed as an additional service.
d. If so requested by City, BCJ shall assist in evaluating bids.
e. Permitting — BCJ will assist with Building Permit Application and coordinate the submission of
permit documents to the corresponding agencies.
f. BCJ shall provide clarifications and /or corrections to permit drawings and specifications as
required in response to plan check comments from the City's Building Department.
Bohlin Cywinski Jackson
Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 6
g. It is understood that all required Permit fees for the Project shall be paid for by City.
The City will provide BCJ and consultants with any supporting information required by the City's
Building Department for permit filing purposes (i.e. plot plan of existing conditions, utilities, existing
tree survey, soils report, etc.).
BCJ shall schedule and attend (up to 2) pre - application meetings with the City's Building
Department or authorized agent prior to the actual Permit submission.
The garage will be provided by the DB firm and will therefore have no bidding phase.
F. Construction Administration Scope of Basic Services
During the Construction Phase for the work described in this Proposal, which the Program Manager has
estimated to be a 104 week duration to final completion, BCJ will assist the City with administration of the
construction contract for the work. These services, described below, begin with award of the construction
contract and vary depending on the stage of construction. As a constant, however, BCJ will advise and consult
with the City on the progress and quality of the construction work and, when authorized, will represent the City,
but only to the extent set forth below:
Meetings and Site Visits: BCJ will visit the Project site during construction to attend job meetings and to
observe construction progress
a. BCJ will walk through the Project site during construction as often as is appropriate, in the
Architect's professional judgment, but with prior written approval of the City, to observe the Work in
place at that time, to become generally familiar with its progress and quality, and to determine
whether it is in keeping with the intent of the Contract Documents. This proposal has a total of 99
site visits, plus an additional three site visits for punchlist activities at the end of the project
budgeted as part of basic services. Additional site visits beyond this quantity shall be considered
as an additional service.
b. Architect will distribute Field Orders, if any, and a Field Report after each site visit.
c. Accepting or Testing Work: Although BCJ may observe and point out actual or potential problems
during site walk - throughs, these walk - throughs are not construction inspections or a guarantee that
there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction that
does not conform to the Contract Documents, BCJ will recommend that the City not accept it.
d. Communications:
a. Interpretations: During Construction, BCJ will, upon request of the City or the Construction
Manager, provide written or graphic interpretations and clarification of our Construction
Documents. These interpretations will be consistent with BCJ's intent as expressed in, or
reasonably inferable from our Construction Documents. The City and the Construction Manager
will communicate with BCJ in writing for any communication relevant to BCJ's services.
b. Bulletins: BCJ will use its Bulletin form to: 1) authorize minor changes in the Work (if there is no
change in cost or time); 2) BCJ will issue supplemental instructions (if there is no change in cost
or time) in response to the Construction Manager's requests for interpretations and clarifications
of our Construction Documents; 3) confirm Architect's field orders; and d) request
estimates/proposals.
c. Documentation: During construction, we will maintain logs of: 1) Addenda to the Contract for
Construction; 2) Bulletins; 3) Confirmations of Field Orders; 4) Field Reports; 5) Meeting Notes;
6) Architectural Sketches; 7) Construction Manager's Requests for Information; 8) Contractor's
141 If
Bohlin Cywinski Jackson Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 7
Submittals; and 9) Construction Manager's Substitution Requests and make these available to
the Project Team.
5. Submittal Review: During Construction, BCJ will review Various samples, product data and shop
drawings that the Construction Documents require the Construction Manager to submit, to determine
whether those items and the Trade Contractor's proposed methods of fabrication are consistent with
BCJ's visual and aesthetic design concept expressed in the Construction drawings and
specifications. In advance of the construction work, the City will require its Construction Manager to
provide a Submittal Schedule outlining the Submittals for the Project Work, for the City's and BCJ's
approval.
6. BCJ will conduct a field review of the Work in order to assist the Construction Manager with
development of the Punch List and if necessary on follow -up field review, if previously approved by
the City, including review of the Construction Manager's punch list items, to confirm Substantial
Completion. If BCJ does not find the Work Substantially Complete, BCJ will notify the City.
7. BCJ will provide responses to BFI's, submittals, etc. that comply with industry standards for
timeliness. Review time for submittals can be managed only if the Construction Manager provides a
complete submittal schedule at the beginning of the project so that BCJ can properly staff the
construction administration effort.
8. BCJ will provide review of submittals and provide on -site construction observation for adherence to
design intent for the parking garage.
9. This proposal does not include CA services for the Mass Excavation package, which were provided
under BCJ proposal 08519C.
G. Environmentally Responsible Design Scope of Basic Services
1. One of the goals of the Architect and its consultants is to design and document this project to be
environmentally responsible. The City approves this goal subject to City approval of the measures proposed
by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work.
In addition, the City requires the Architect and its consultants to design and document the project with the goal
of achieving US Green Building Council (USGBC) LEED certification. Formal application to and certification by
the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program
Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In
response, the City has retained consultants to perform the tasks indicated, under contracts directly with either
the City or the Program Manager:
a. LEED is a measurement system designed by the US Green Building Council to define "green buildings ".
The process requires that the Architect and the Contractor each provide, for the LEED work that is their
responsibility, an individual who is responsible for tracking, compiling and organizing the information and
letter template files that the USGBC uses to validate compliance with their rating system. In the outline
below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager.
b. In addition, the City has elected to retain EC2 to serve as the LEED Documentation Coordinator for the
project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED
checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program
Manager's LEED Manager in assembling the electronic documentation required for submittal to USGBC
for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the
Architect's and Program Manager's compliance with LEED related requirements and procedures.
c. A major component of LEED compliance is the proper operation of building systems and assemblies, so
the process also involves a firm employed to develop a plan for managing the installation, operation, and
maintenance of those systems. For compliance with LEED EA Prerequisite 1, this individual is required to
be engaged early in the project so as to be involved in during both design and construction. In the outline
below that firm is the Commissioning Agent. The City has retained Glumac as a separate consultant
serving as the Commissioning Agent for the project. The Commissioning Agent will be responsible for:
_ 5
Bohlin Cywinski Jackson Stephen G.Badum,P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page S
1) Developing and managing the detailed Commissioning Plan in accordance with the general
performance requirements defined in a performance specification prepared by the Architect's MEP
Consultant.
2) Ensuring that the systems and assemblies installed are operable and maintainable.
3) Ensuring that the design intent, installation and O &M requirements are thoroughly documented.
4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the
facility per the design intent and facility requirements.
2. LEED related services performed by the Architect and its Consultants, led by the Architect's LEED Manager,
as part of Basic Services shall be as follows:
a. Construction Administration Phase:
1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions
regarding the construction documents requirements related to construction phase LEED issues:
2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of
submittals regarding format and completeness of documentation to support USGCB certification will
be by the LEED Documentation Coordinator and the Contractor's LEED Manager.
3) Review construction documents requirements related to LEED related issues at Project Meetings.
4) Complete letter templates for construction phase LEED points that require the Architect's or
Engineering Consultant's signature utilizing letter template formats provided by the LEED
Documentation Coordinator.
3. LEED - Related Notes and Clarifications
a. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order
to satisfy USGBC requirements for additional information such as calculations or modeling. All services
related to responding to any comments or requests by the USGBC for additional information on individual
LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic
Services.
b. All services required if the City elects to appeal any credit denied in the Final LEED Review are not
included as part of Basic Services.
c. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's
LEED Manager or the Commissioning Agent are not included as part of Basic Services.
d. All LEED related meetings are assumed to be part of the typical project meetings. If the City requests
separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic
Services, such meetings are to be compensated as Additional Services.
e. All LEED related registration, application, appeal and other fees are not included as part of Basic Services
and would be addressed as reimbursable expenses.
5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services
shall be subject to the following limitations:
a. The duration of the Commissioning Agent's specified scope of services shall include the entire
construction period and a period of one year following Substantial Completion of the Project. For the
duration of their services. through Final Completion, the Commissioning Agent shall be the Program
Manager's and City's point of contact for providing consultation and assistance as to any Work not
performing as expected or that is discovered to be defective, and particularly in connection with the
utilization of any equipment or system such as initial start -up and testing, adjusting and balancing, and
maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program
Manager to the City's satisfaction.
Bohlin Cywinski Jackson
H. Qualifications and Exclusions
Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 9
1. The scope of work outlined in this proposal shall be incorporated as Exhibit A into the City of Newport Beach's
Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our
fee as a time and expense not -to- exceed fee, to be invoiced monthly based on hours spent completing the
above described scope of work completed. Invoices for this work shall be in the same format as those used in
the Concept Refinement, Schematic, Design Development and Construction Document Phases.
2. Substantial revisions to the building program and /or documents after completion of the phase and the City of
Newport Beach's approval of the Design Development Phase (the final design approval), will be considered as
an additional service.
3. If the City of Newport Beach or its Construction Manager causes the duration of the Bidding or CA phases of
work to substantially exceed what is specified in this proposal, the work performed in excess of the specified
duration would be in addition to this proposal and would be considered as an additional service. BCJ shall
provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule.
4. A fixed number of meetings are identified for this phase of the work as outlined in Exhibit B. If the number of
meetings for the phase is exceeded, these meetings would be in addition to this proposal and considered an
additional service.
5. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City
require the addition of any other specialty consultants, they can be provided as an additional service.
6. Neither Furniture Design nor Furniture, Fixtures and Equipment (FF +E) is included in this proposal.
7. Services relative to future facilities, systems and equipment are not included as part of Basic Services.
8. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City
and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any
error, omission or inconsistency in such services or information.
9. Services related to value engineering includes reviews with the City and Program Manager of relative cost
information on scope, design and constructability alternatives on a continuous or "rolling" basis, proceeding
from general to more detailed issues, as alternatives are evaluated and decisions are made during the Bidding
and Construction Administration Phases are not included in this proposal. All cost estimating services required
related to the value engineering process will be provided by the Program Manager. All value engineering
services after City approval of the Design Development Phase and all other services related to value
engineering are not included as part of Basic Services other than the Architect's and the Architect's
consultants' services required to comply with the City's budget for the Cost of the Work.
10. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon
receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ.
11. All services related to special studies, including constructability analyses, life cycle costing, energy analysis
studies, environmental impact reports and analysis of owning, operating and maintenance costs are not
included as part of Basic Services for the bidding and CA phases.
12. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California
Edison's'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that
the City's Program Manager will submit required information for any Grant, Energy or other similar Programs.
13. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject
will be included in City's agreement with the Contractor stating that if the Architect is required to provide
drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File
a29
Bohlin Cywinski Jackson Stephen G.Badum,P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 10
Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses
associated with providing the electronic files at the rate of $2,000 per transfer.
14. The Architect and some consultants have, at their sole discretion, elected to produce some of the construction
documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized
solely as an internal architect - consultant team tool. The model(s) may be provided to the Program Manager
solely as a convenience, after a CADD transfer agreement has been signed. The City and Program Manager
acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction
documents shall be traditional two- dimensional drawings and shall be the official, binding documents for the
project.
15. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant
Proposals and attached to this proposal as Exhibit D.
END OF EXHIBIT A
Bohlin Cywinski Jackson Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 11
EXHIBIT B — Project Schedule:
A. Project Schedule:
Our proposal is based upon an eight week bidding period and 22 month construction schedule. The general
overall project schedule is captured below, a combination of completed phases, ongoing ones and upcoming as
discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following
milestone phases below. Unlike previous phases, BCJ will not be in charge of issuing a schedule for the project
team and as a result has not included a proposed work plan with this scope. Should the schedule lengthen, BCJ
and the design team can provide a proposal for additional services to cover the additional presence on the project.
Completed:
Concept Refinement Phase:
City Phase Approval:
Schematic Design Phase:
City Phase Approval:
Design Development Phase:
City Phase Approval:
15 Jan 09 — 14 Apr 09
14 Apr 09
15 Apr 09 — 14 Aug 09
14 Aug 09 — 14 Sep 09
15 Sep 09 — 18 Feb 10
18 Feb 10 -18 Mar 10
Bidding Package 1 — Mass Excavation 100% CD 29 Jan 10
Bidding Package 1 — Mass Excavation Bid Set 17 Mar 10
Ongoing:
Package 1 — Construction — Mass Ex
Package 1 — Construction — Shoring Wall
Bidding Package 2 CD Phase:
DB Garage Package CD Phase
Upcoming:
DB Garage Package — Construction
28 Apr 10 -15 Nov 10
30 Sep 10 — 14 Feb 11
19 Mar 10-04 Nov 10
15 Jul 10-02 Dec 10
14Feb11 -01 Nov 11
Bidding Package 2 — Bidding 05 Nov 10 — 31 Dec 10
Note: assumes Bid Phases A +B are roughly concurrent
Package 2 Construction
Start of Move -in
END OF EXHIBIT B
01 Jan 11 -31 Oct 12
01 Jan 13
-) u �
Bohlin Cywinski Jackson Stephen G.Badum,P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 12
EXHIBIT C - Schedule of Hourly Rates /Fees:
A. Schedule of Effective Hourly Rates
The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's
team. These rates are subject to annual updates according to each firm's compensation policies as mutually
agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly
rates.
1 Discipline — Architecture
Bohlin Cywinski Jackson
Principal
$285
Senior Associate
$160
Associate
$125
Staff 1
$105
Staff 11
$ 85
Staff III
$ 65
Office
$ 75
2 Disciplines - Structural Engineering, M /E /P /FP, Civil, Sustainability, Telecomm, Lighting
Arup North America LTD
Principal
$300
Associate Principal
$215
Associate
$190
Senior Engineer
$160
Engineer
$130
Graduate Engineer
$110
Senior Drafter
$120
Drafter
$110
Clerical
$ 85
3 Discipline - Landscape Architecture
Peter Walker and Partners Landscape Architects
P. Walker, Director
$410
D. Findlay, Director
$305
Partner
$190
Associate
$125
Landscape Architect
$110
Staff
$ 65
Archivist/Librarian
$150
4 Discipline— Building Code Consulting
The Fire Consultants
Principal
$190
2"
Bohlin Cywinski Jackson
5 Discipline - Waterproofing Consulting
Alana Buick & Bers,Inc.
Senior Principal
$350
Associate /Principal
$225
Consultant III
$160
Consultant II
$145
Administrative
$ 70
6 Disciplines - Audiovisual and Acoustical
Charles M Salter Associates, Inc.
President
$250
Sr. Vice - President
$250
Vice - President
$230
Director
$230
Principal Consultant
$190
Senior Consultant
$145
Consultant
$125
Technical Assistant
$ 90
7 Discipline — Security Systems Consulting
TransTech Systems, Inc.
Principal
$175
Engineer
$145
CADD
$ 95
Administration
$ 75
8 Discipline — Food Service Consulting
HDA Pacific
Senior Principal
$150
Principal /Director
$125
Associate /Project Manager $110
Project Director /Designer
$95
CADD
$ 75
Administrative
$ 75
Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 13
Based on the above - described scope of work, budget and schedule and the Agreement terms and conditions, we
request a professional services Hourly- not -to- exceed fee as detailed on the following sheets:
Stephen G. Badum, P.E.
15 October 2010
Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CD Phase Exhibits I Page
Cit 'Hall Bld s-, 'Prkn Review Libra Addition Site` ::Fedestrian Bride �:::C'llnion:Fit- out -i' Totals
Rate Bidding CA Bidding new CA Biddin CA Biddin new CA Bidding CA Bidding CA
9
$ /hr Hrs Hrs Hrs CA Hrs His Hrs Hrs bal Hrs Hrs Hrs Hrs Hrs
Architectural
Principal
Senior Associate
Associate
Staff 1
Staff 2
Office
$285
$160
$125
$105
$85
$75
601
310
510
150
550
100
574
2494
3646
478
4798
574
0
0
0
0
0
0
14
14
66
0
30
14
40
22
185
50
0
5
384
211
1488
480
0
48
5
10
35
50
20
10
33
65
66
380
142
63
1
4
5
0
0
5
10
38
48
0
0
48
0
2
7
0
10
58
10
38
6
10
0
0
Architectural Fees $200,450 $1,519,430 $0 $18,080 $43,670 $383,232 $15,100 $84,750 $1,925 $183480 $23755 $13,584 $2,301,456
Structural
Principal
$300
1 120
1
40
18
40
0
0
Associate Principal
$215
16
4
0
0
Associate
$190
120
0
0
Senior En ineer
$160
20
220
12
88
8
52
8
72
0
0
Engineers
$130
30
270
6
114
6
80
6
78
0
0
Graduate En ineer
$110
160
16
52
90
0
0
Senior Drafter
$120
80
25
16
16
0
0
Drafter
$110
22
1
3
0
0
Clerical
Structure! Fees
$85
4
56
40
20
32
0
0
Mechanical R Phumhinn
$7,440 $138,260 $0 $0 $2,700 $47,300 $2,060 $33,460 $2,060 $48,200 $0 $0 $281,480
Principal
$300
24
1
24
Associate Principal
$215
16
4
Associate
$190
120
Senior Engineer
Engineers
$160
$130
24
20
216
280
6
6
74
74
18
1
6
4
4
2
16
Graduate En gin
Senior Drafter
$110
$120
10
230
80
16
4
4
Drafter
$110
20
16
Clerical
FTXP Peee
$85
80
32
2
Electrical
$7,540 $144,860 $0 $0 $1,740 $33,300 $0 $0 $160 $2,570 $520 $2,4001 $193,090
Principal
$300
16
4
Associate Principal
$215
16
4
Associate
$190
Senior En ineer
Engineers
$160
$130
4
4
36
20
18
2
8
8
4
4
12
Graduate En ineer
$110
U
24
4
Senior Drafter
$120
16
Drafter
$110
Clerical
$85
22
1
3
$3,980 $75,490 $0 $0 $1,160 $16,850 $0 $2,965 $260 $3,015 $520 $2,200 $106440
Stephen G. Badum, P.E.
15 October 2010
Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CD Phase Exhibits / Page
City. Hall':Bld s :Pikn Review .: .: Libra Addition Site 'Redestrian Brid e - `C: Union Fit -out. Totals
Rate Bidding CA Bidding new CA Bidding CA Bidding new CA Bidding CA Bidding CA
$ /hr Hrs Hrs Hrs CA Hrs Hrs Hrs Hrs bal Hrs Hrs Hrs Hrs Hrs
Sustainahle
Princi al
$300
1
1
0
0
0
0
Associate
Associate Principal
$215
20
12
1
4
2
0
0
0
0
$160
$130
Associate
$190
1
1
10
1
6
0
0
0
0
0
0
0
0
Senior En ineer
g
Engineers
$130
1
16
0
8
0
0
0
0
8
En ineers
$110
1
16
2
8
0
0
0
0
Graduate En ineer
=$160-64
0
0
Clerical
T.I.,nm Fnne
0
0
0
0
Senior Drafter
3
0
0
$85
t on
8
tv
0
0
0
0
Drafter
4
0
0
0
0
Clerical
s„et�i..�ue over
to
tn. ,,.,.
6
3
0
0
01
0
------- w. ww wow sV,u io
, 5
Tnlnnnmc
Principal
Associate Principal
$300
$215
1
1
()1
0
0
0
Associate Principal
$215
Associate
$190
20
1
0
0
14
Senior Engineer
Engineers
$160
$130
6
84
4
1
10
1
6
0
0
0
0
2
8
Graduate Engineer
$110
8
g
Engineers
$130
16
0
0
10
Senior Drafter
$120
8
Graduate Engineer
$110
0
0
Drafter
$110
Senior Drafter
2
0
0
Clerical
T.I.,nm Fnne
$85
t...
13
too c
3
0
0
Clerical
1 inhfi— Gm�
$85
Liahtina
$0 $320 $1,280 $24,450
Principal
$300
Associate Principal
$215
Associate
$190
14
2
4
2
Senior En ineer
$160
2
16
8
8
g
Engineers
$130
16
10
8
8
Graduate Engineer
$110
Senior Drafter
$120
Drafter
$110
Clerical
1 inhfi— Gm�
$85
t on
8
tv
7
6
4
- -- ---- ........, w ww w YJ,VJO yV ;0,=u
navlinhtinn
' , W 0 $0 $0� $5,0751
ll
'-0
Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA)
Cit ! -Hall Bld s Prrkn Review 1 Library Addition :. .:::Site:::
Hrs
Rate Bidding CA Bidding new CA Bidding CA Bidding new CA
$ /hr Hrs Hrs Hrs CA Hrs Hrs Hrs Hrs
Civil
Stephen G..Badum, P.E.
15 October 201C
Bidding and CD Phase Exhibits / Page
Pedestrian Bride .£CUnion it -out:" Totals
Bidding CA Bidding CA
Hrs Hrs Hrs T Hrs
is
al
$300
$0 $0 $24,075 $269,550
$0 $0
0
0
0
0
Landscape Architecture Consultant's Fees
0
5
1 4
$22 500
Partner
Associate Principal
$215
$324,925
0
10
55
490
0 1
G 7 0 0
01 0
=$O==$101
Associate
$125
Associate
$190
G
35
$6,270
30
725
34
Landscape
Architect
$110
Senior Engineer
$160
20
70
325
24
160
Staff
$65
0
0
Engineers
5
$130
10
125
0
0
89
Graduate
En ineer
$110
20
Senior Drafter
$120
12
Drafter
$110
6
Clerical
$85
28
Civil Fees $0 $0 $0 $0 $0 $0 $3,840 $51,510 $0 $0 $0 $0
Aru Totals $20,240 $410,335 $0 $0 $6,050 $110,595 $6,320 $95,490 1 $2,480 $56,825 1 $1,360 $6,980
$55,350
Ii $716,675
I andmnnn Crrhi4nrN Ou
P Walker, Director
D. Findla ,Director
$4101
$305
$0 $0 $24,075 $269,550
$0 $0
0
0
0
0
Landscape Architecture Consultant's Fees
0
5
80
30
$22 500
Partner
$190
$324,925
0
10
55
490
0 1
G 7 0 0
01 0
=$O==$101
Associate
$125
$0 $190
$0 $1,330 $0 $0
G
35
$6,270
30
725
H10
Landscape
Architect
$110
0
20
70
325
Staff
$65
0
0
0
5
10
125
0
0
Landscape Architecture F $0 $0
$0 $8,800
$0 $0 $24,075 $269,550
$0 $0
$0 $0
$302,425
Landscape Architecture Consultant's Fees
$0 $22,500
$22 500
$324,925
Code Consulting
Princi al $190 0 25
0 1
G 7 0 0
01 0
=$O==$101
Code Consulting Fees $0 $4,750
$0 $190
$0 $1,330 $0 $0
$0 $0
$6,270
Food Service
Project Desi ner $$95 0 0 0 0 G 10 0 0 01 0 0 0
$0 $0 $0 $7,550
Food Service Fees $0 $0 $0 $0 $1,100 $6,450 $0 $0 $0
Security
Security Fees $1,630 $17,680 $0 $870 $190 $2,910 $0 $145 $0 $850 $95 $1,430 $25,800
Stephen G. Barium, P.E.
15 October 2010
Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CD Phase Exhibits / Page
Cit .Hall Bldos P�kn Review Library Addition Site I ?Pedestrian Brid a L CUnion Fit•out Totals
Rate Bidding CA Bidding I new CA Bidding CA Bidding new CA Bidding CA Bidding CA
Acoustics $ /hr Hrs Hrs Hrs CA Hrs Hrs Hrs Hrs bal Hrs Hrs Hrs Hrs Hrs
President/ Sr. VP
VP /Director
Principal
1 $250
$230
$190
1
1
11
31
1 41
0
1
4
15
0
0
0
0
0
Consultant
$230
0
0
3;00
1 241
0
0
P11
0
0
go
Senior Consultant
$190
$145
$145
3
51
3
1
1
22
0
0
0
0
0
moo
Consultant
$125
$125
0
5
2
0
2
0
0
0
Consultant Ill
Technical Assistant
$90]--------IT
10
8
1
0
3
0
-0-0
0
Architect
Acoustics Fees _ $1,000 $18,551 $0 $0 $499 $8,385 $0 $0 $0 $0 $499 $1,000 $29 933
Audio Visual
President/ Sr. VP
1 $250
01-----01
16
1 41
0
0
0
0
0
0
VP /Director
$230
0
0
1 241
0
0
0
0
0
0
Principal
Consultant
Senior Consultant
$190
$145
5
2
47
19
3
1
5
2
0
0
0
0
0
0
0
0
moo
Consultant
$145
$125
5
43
2
5
0
0
0
0
Consultant Ill
Technical Assistant
$90
1
10
40
1
1
0
0
-0-0
Architect
Audio Visual Fees $2,000 $18,000 $0 $0 $1,000 $2,000 $0 $0 $0 $0 $0 $0 $23,000
Water nrnnfinn
Senior Princi al
$350
21
16
1 41
1 41
11
1
Principal II
$250
241
40
1 241
24
56
41
4
Assocaite II
$200
Consultant II
$145
Consultant Ill
$160
1 200
40
200
8
Architect
II
$145
Building
Technologist II
$110
Building
Technolo ist III
$120
Building
Technologist IV
$125
Project Manager IV
$155
E2JO
Administrative
$70
2
40
40
2
24
Waterproofing Consulting $6,840 $50,400 $0 $16,600 $6,140 $49,080 $0 $0 $1,490 $2,630 $0 $0 $133,180
Totals $232,160 $2,039,146 $0 $44,540 $58,648 $563,982 $45,495 $472,435 $5,895 $78,785 $4,709 $22,994 $3,568,789
Bohlin Cywinski Jackson Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 18
EXHIBIT C
Project Name: Project No.
Date:
NEWPORT BEACH CIVIC CTR+ PARK- B -CA Phases 08519D
101 15/2010
INITIAL REIMBURSABLE EXPENSES ESTIMATE (SEE NOTE
_
1)
ATTACHMENT (to proposal)
Item No.
Description
Amount /
No. of
Bidding + CA
Remarks
Person
Days /
Phase Total
Miles
BCJ Travel Expenses per 2 -Day Trip
Transportation to /from airport in SF
$45.00
2
$90.00
1
Parking at airport
$22.00
3
$66.00
2
Cab fare /car rental
$75.00
2
$150.00
3
Food
$75.00
2
$150.00
4
Hotel per night
$240.00
2
$480.00
5
Plane Fare (see Note 1)
$500.00
1
$500.00
Total per person per two day trip
$1,436.00
BCJ Travel Expenses per 1 -Day Trip
Transportation to /from airport in SF
$45.00
2
$90.00
1
Parking at airport
$22.00
2
$44.00
2
Cab fare / car rental
$75.00
1
$75.00
3
Food
$75.00
1
$75.00
4
Hotel per night
$240.00
1
$240.00
5
Plane Fare (see Note 1)
$500.00
1
$500.00
Total per person per one day trip
$1,024.00
BCJ TRAVEL REIMBURSABLE EXPENSES PER
PHASE
Bidding -CA PHASES
People X
No. of Trips
BID
2 2 -day trips; 3 people /trip
$1,436.00
6
$8,616.00
CA
20 2 -day trips; 3 people /trip
$1,436.00
60
$86,160.00
CA
72 2 -day trips; 2 people/trip
$1,436.00
144
$206,784.00
CA
10 1 -day trips; 3 people /trip
$1,024.00
30
$30,720.00
Additional Trips (If Required)
People X
No. of Trips
All Expenses for additional trips would be Additional
NIC
NIC
NIC
Services
BCJ ESTIMATED TOTAL FOR
$332,280.00
TRAVEL/LODGING /MEALS (SEE NOTE 2)
Approved in
.
CD phase
(note 4)
BCJ TOTAL INITIAL REIMBURSABLE EXPENSES
$150,000.00
$0.00
ESTIMATE FOR REPRODUCTION, PRINTING,
TELEPHONE /FAX, MAIL (REGULAR AND EXPRESS),
PHOTOS /PRINTS PER BCJ PROPOSAL
zL�
Bohlin Cywinski Jackson
Stephen G. Badum, P.E.
27 October 2010
Bidding and Construction Administration Phase Exhibits / Page 19
PWP Landscape Architects TOTAL INITIAL
$65,482.00
$33,043.00
REIMBURSABLE EXPENSES ESTIMATE
- BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site.
- BCJ and Consultants expenses for all reproduction and printing.
Arup MEP /Structural /Civil /Lighting TOTAL INITIAL
$70,000.00
$0.00
REIMBURSABLE EXPENSES ESTIMATE
- BCJ and Consultants expenses for photos /prints.
Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on
The Fire Consultants TOTAL INITIAL REIMBURSABLE
$1,500.00
$0.00
EXPENSES ESTIMATE
increases in excess of the estimated cost indicated herein.
Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to
Charles Salter & Associates - Acoustical Consulting
$4,000.00
$0.00
Charles Salter & Associates - Audio Visual Systems
$5,000.00
$0.00
Allana Buick Berrs - Waterproofing Consultant
$12,300.00
$0.00
Transtech Systems - Security Consultant
$1,950.00
$0.00'
HDA Pacific - Food Service Consultant
$1,000.00
$366,323.00
REIMBURSABLE EXPENSES ESTIMATE (see Note 3)
Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work.
END OF EXHIBIT C
7
Notes:
Note 1:Reimbursable expenses include the following:
- BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site.
- BCJ and Consultants expenses for all reproduction and printing.
- All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ,
BCXs Consultants, the Owner, the Contractors and others involved in the project-
- BCJ and Consultants expenses for photos /prints.
Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on
ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during
the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare
increases in excess of the estimated cost indicated herein.
Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to
revisions to the quantity of or schedule for BCJ and /or Consultants meetings /presentations, changes to costs upon which
the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be
increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a
multiple of 1.10 times the expenses incurred.
Note 4: A number of reimbursable expenses were approved in the CD phase (BCJ 08519C) that were budgeted as
expenses for CDs, Bidding and CA. The City has agreed that these already- approved expenses can be billed back to the
CD phase even though they are being generated in the bidding and CA phases. The amounts approved in the CD phase
have been listed here for reference.
Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work.
END OF EXHIBIT C
7
City of Newport Beach
BUDGET AMENDMENT
2010 -11
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 11BA -016
AMOUNT: $3,935,112.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
Pq e
No effect on Budgetary Fund Balance
To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover the
cost of a professional services agreement (PSA) with Bohlin Cywinski Jackson for architectural design services including
construction support.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
410 3605 Civic Center Construction Fund - Fund Balance $3,935,112.00 .
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
` Automatic
Signed: - 10 -a9- / (")
Financ pproval: Administrative S rvices Director Date
Signed:
Administ 'v Approval: City Mana Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7410 Civic Center Construction
Account
Number
C1002009 New City Hall /Civic Center $3,935,112.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
` Automatic
Signed: - 10 -a9- / (")
Financ pproval: Administrative S rvices Director Date
Signed:
Administ 'v Approval: City Mana Date
Signed:
City Council Approval: City Clerk Date