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HomeMy WebLinkAbout11-02-22 Amendment #2 CM@R with CW Driver (GMP Phase 3)CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 February 22, 2011 TO: I HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum - sbadum @newportbeachca.gov 949- 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT: CITY HALL OFFICE BUILDING, CENTRAL LIBRARY EXPANSION, & PARKS, GUARANTEED MAXIMUM PRICE (GMP), PHASE THREE ISSUE: Staff is requesting the approval and funding of the next phase of the Newport Beach Civic Center Project which includes the construction of the City Hall Office Building, Central Library Expansion, and Parks. RECOMMENDATIONS: 1) Approve an amendment to the Construction Manager At Risk Contract with C.W. Driver, Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the City Hall Office Building, Central Library Expansion, Parks, and miscellaneous items of work (GMP #3) for the Newport Beach Civic Center project at a not -to- exceed price of $82,374,384 and authorize the Mayor and City Clerk to execute the contract. 2) Establish a budget of approx. 2% of GMP #3 ($1,600,000) as the City's contingency for unforeseen costs and authorize the Public Works Director and City Manager execute change orders upon concurrence by the City Council Building Committee. 3) Approve a Professional Services Agreement (PSA) with Anderson -Penna of Laguna Beach, California, for Building Inspection, Construction Phase Plan Review Services, and Building Official Services at a not -to- exceed fee of $1,090,840, and authorize the Mayor and City Clerk to execute the Agreement. 4) Approve Budget Amendment No..11 BA -034 appropriating $85,065,224 to fund GMP # 3, GMP #3 owner's contingency and the PSA for Building Inspection & Construction Plan Review (Recommendations 1 -3). 5) Approve the Insurance Program Agreement between Old Republic General Insurance Corporation and the City for the Owner Controlled Insurance Program (OCIP) and authorize the City Manager to execute and approve documents in furtherance of the Insurance Program Agreement that have been approved as to form by the City Attorney including a letter of credit as security for the City's obligations under the agreement. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 2 6) Authorize Budget Amendment No. 11 BA -32 totaling $2,713,781 which includes the fixed cost of insurance premiums under the Insurance Program Agreement of $1,651,092 and a $1,062,689 contingency representing the maximum potential out -of- pocket claims costs. 7) If desired, authorize the inclusion of the San Miguel Pedestrian Bridge, $2,000,000 within GMP #3 and related Budget Amendment No. 11 BA-35. 8) If desired, authorize the inclusion - of photovoltaic panels on the City Hall Office Building ($750,000) within GMP #3 and related Budget Amendment No. 11 BA -36. DISCUSSION: The proposed action will authorize the next phase of Civic Center construction and includes the proposed construction of the City Hall Office Building, Central Library Expansion and the park including the grounds around City Hall, the Central Park and Wetlands, and the North Park/Dog Park. This phase is the continuation of work started with the first phase that included the export of soil export, grading, and the construction of the Parking Structure Shoring Wall, and the second phase that included the design and construction of the parking structure. Construction History and Status On April 27, 2010, the City Council approved a Construction Manager at Risk Contract (CM @R) with C.W. Driver that established the costs for the general conditions for the entire project; authorized the export of soil, grading, and the construction of the parking structure shoring wall; and set the cost of direct expenses and the project fee for this phase. As of this date, the export of approximately 300,000 cubic yards of soil has been successfully exported off the project site. Rough grading is complete, topsoil has been stockpiled on the site, and erosion control and water quality are in place and functioning as designed. The parking structure shoring wall is 85% complete with scheduled completion by Mid March. On September 14, 2010, City Council approved the second phase of the CM @R which includes the design and construction for the parking structure and miscellaneous items of work. This phase provided for the design and construction of a 450 - space, mechanically vented parking structure. On June 21, 2010, the City Clerk and the Public Works Director oversaw the public opening of the sealed proposals for this phase of the work. Upon scoring of these proposals, the top three firms, Bomel Construction, McCarthy Builders, and ARB Structures were invited to meet with the design team, City staff, BCJ and C.W. Driver, to discuss cost - saving proposals and alternative construction. The design team revised the bridging documents to incorporate the desired proposals and alternative designs and asked each firm to submit a bid based upon the revised bridging documents. Upon the conclusion of this process Bomel Construction was determined to be the lowest responsible bidder. Since that time, the design team has worked to complete the design and has secured a Building Permit for the structure's construction. During the design process, the design team was able to work with our contract building plan checker, Anderson - Penna /Interest to revise the parking structure design making it a passively ventilated structure. This action has saved Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 3 the City $270,000 (credit taken in GMP #3). The construction of the parking structure is scheduled to begin in March 2011. Guaranteed Maximum Price, Phase 3 (GMP #3) In November 2010, the project plans were completed and a building permit was issued for the remaining portions of the Civic Center project including the City Hall Office building, Council Chambers, Community Room, Emergency Command Center, Central library Expansion, Civic green, Central Park & Wetlands, and the North Park & dog Park. C.W. Driver prepared 42 bid packages for the various trades. On December 16 & 21, 2010, the City Clerk and Public Works Director oversaw the opening of the bids. A summary of those bids are attached and the hard copies of the actual bids are on file in the Office of the City Clerk. C.W. Driver has meet with all of those bidders to normalize the bids (verifying bids as legitimate, checking quantities and math) The attached proposed GMP #3 contains all of the actual bid costs to construct the project. The total cost for GMP #3 is $82,374,384. The summary below shows the breakdown for the project construction. Credits & Allowances GMP #3 includes credits for the revised parking structure design ($260,000) and a North Park retaining wall deletion ($113,000) that was previously slated to be built in Phase 1, but is now going to be a part of phase 3. Also included are some allowances ($678,475) to cover various miscellaneous items that were identified during the bidding process and potential unit costs for unforeseen items. The miscellaneous items include costs for the folding door systems for the Community Room and Council Chambers ($260,000); revisions to the Library's book security system ($10,000); Upgraded fabric for Council Chamber audience seats ($50,000); and the production of care and maintenance manuals /videos for the building systems and LEED components of the project ($49,000). Various items were bid to set costs in a competitive environment for potential extra unforeseen costs such as potential adverse soil conditions (rock) for building and bridge foundations ($29,475); re- glazing of Library windows if we cannot preserve the existing units during demolition of the existing north wall ($134,000); unit costs for additional steel beam penetrations (30 @ $1200 ea, $36,000), costs for painting touch up ($10,000); and the pending contract to install the Willow sculptures by Patrick Dougherty ($100,000). Eventually, these "allowance items will be bid out or deleted if not used. Any savings or balance in the allowances through the bidding process or by deletion will be credited 100% to the City. These items do not go into the contingency for potential cost sharing at the conclusion of the project. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 4 More about Contingencies. There are typically two contingencies in a project like this — a "Construction Contingency," for unforeseen changes that arise during actual construction. There also is an "Owner's Contingency" that the City can use if needed to add elements to the project if it so chose. The following chart shows contingencies and the potential savings if the project goes well: Civic Center Proiect Contingencies 5`ti F l I SOS 4' tY;' 1II�YIEM a MI. i�R� }�f GMP #1 Construction Contingency $490,401 $367,800 75% Owner's Contingency $673,000 $673,000 100% GMP #2 Construction Contingency $336,078 $252,058 75% Owner's Contingency $350,000 $350,000 100% GMP #3 Const/Desi n Contingency $2,303,822 $1,727,866 75% Owner's Contingency $1,600,000 $1,600,000 100% Total = $5,753,301 $4,970,724 To provide for potential unforeseen costs for GMP #3, staff recommends that a contingency of $1,600,000 (2 %) be established. Unforeseen costs may include delay and recovery costs should we discover changed foundation conditions and delays due to environmental or weather conditions. Staff also proposes that any adjustments to the CM @R contract compensation be authorized by the Public Works Director and City Manager with concurrence by the City Council Building Committee. What's not included Alternates The project was bid with two alternates that the City Council can add to the project, if desired. They are the construction of the pedestrian bridge over San Miguel Road ($2,000,000) and the addition of photovoltaic panels on the City Hall Office Building roof ($750,000). If the City Council desires to include the pedestrian bridge over San Miguel Road and photovoltaic panels in the Civic Center project, that decision must be made at this meeting as the project schedule requires the timely ordering of the various components to honor the current pricing. However, the project has been designed to accommodate future separate projects to add the bridge and the installation of the photovoltaic panels at a later date. Insurance The City has elected to implement an Owner Controlled Insurance Program (OCIP). The costs for the insurance will be borne separately by the City. The various bid costs shown in the GMP Phase #3 costs do not include insurance. The estimated savings is approximately $1.1 million. The actual savings will be tabulated by the City's broker, AON as they sign up the various subcontractors to the OCIP. See the below for more discussion on the OCIP. Items for future determination There are three items of work that are not included in the allowances as they are substantial items of work and will be bid at a later date. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 5 The first item is the cost to relocate and upgrade the existing electric power for the Central Library and to add switching and a capacitor device for the new Civic Center electric service. SCE recently provided revised requirements that significantly revises the electric service design. The costs are estimated between $200,000 and $300,000 and will be competitively priced and negotiated by C.W. Driver and City Staff with the project's low bid electrical subcontractor. The second item is the Fixture, Furnishings, & Equipment (FF &E). Traditionally, the acquisition of FF &E items occurs during the later part of construction. The purchase of FF &E items will be separately bid and approved by the Building Committee and City Council as required by the City's purchasing policies. A budget of $2,000,000 has been established for FF &E. The third item to be deferred and bid at a later date is the Civic Center Signing package. The Signing bid package includes internal wayfinding along with office, workstation, conference and utility room identification. The City is currently pursuing a reorganization effort and it would be appropriate to wait for the conclusion of that effort to ensure correct signing. Additionally, this bid package will need to be coordinated with the FF &E bids. The estimated cost for this package is approximately $400,000. fi rnstructtor� Migerx #RTSkostsiodatet t An�punt', General Conditions /Basic Services (for all phases of the Project) $ 7,169,255 GMP #1 Mass Excavation & Shoring Construction (excludes contingency) 6,130,009 Direct Expenses (GMP #1) 263,383 Construction Management Fee (GMP #1) (3.25 %) 452,646 GMP #1, Subtotal $6,846,038 GMP #2 Parking Structure Design Assist /Build (excludes contingency) $6,721,558 Direct Expenses (GMP #2) 137,757 Construction Management Fee (GMP #2) (3.25 %) 231,460 GMP #2, Subtotal $7,090,775 GMP #3 City Hall Office Building, Central Library Expansion, & Parks (excludes contingency, includes allowances $76,794,081 Credit for GMP #1 & #2 — Parking Structure Open Design & wall delete - $373,000 Direct Expenses (GMP #3) OCIP Insurance (0.71 %) & Bond (0.65 %) $1,090,922 Construction Management Fee, GMP #3 (3.25 %) $2,558,559 GMP #3, Subtotal $80,070,562 Subtotal GMP = $101,176,630 Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 6 GMP Contingencies GMP #1 Construction (8 %) $490,401 GMP #2 Construction (5 %) $336,078 GMP #3 Construction (3 %) $2,303,822 Total GMP Contingency = $3,130,301 Total GMP to Date = $104,306,931 Alternates Alternate #1 — Pedestrian Bridge over San Miguel $2,000,000 Alternate #2 — Photovoltaic System on City Hall Office Building $750,000 Owner's Contingency Owner's Contingency GMP #1 (10 %) 673,000 Owner's Contingency GMP #2 (5 %) 350,000 Owners Contingency GMP #3 (2 %) $1,600,000 Owner's contingency Subtotal = $2,623,000 A Review of the Construction Manager at Risk Project Delivery Method In an effort to expedite the project, the City elected to start the early phases of the project such as grading and the construction of the parking structure in advance of the final design completion of the parks, City Hall building, and Central Library Expansion. To accomplish this goal, the City Council entered into a phased Construction Manager at Risk (CM @R) contract with C.W. Driver. The contract is broken down into four components. Basic Services / General Conditions. The first component is the basic services or. general conditions. These include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment) and the necessary personnel to staff the project (including superintendent, inspection and support staff). The work scope included in basic services includes: • Managing the public bidding and award process in full compliance with the California Public Contract Code. • Providing full and complete construction administration, coordination and construction observation services during and following construction, including but not limited to the following: ❖ Onsite administration and management Project and construction cost management Quality assurance, inspection, and quality control ❖ Coordinate with the City's Building Inspectors Dispute resolution Submittal coordination ❖ Management of Requests for Information (RFI) Change order review and negotiations Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 7 • :• Manage construction materials testing, and specialty inspection services ❖ Provide schedule analysis and continuous updates ❖ Manage project close -out, including assuring the A &E team provides complete record (As- Built) drawings ❖ Construction punch -list management and completion ❖ Manage substantial and final completion processes, and project acceptance. Compile program warranties •S Deliver operations and maintenance manuals ❖ Coordinate the installation of FF &E and move -in activities ❖ Manage final payment and project closeout for all consultants and contractors under direct contract with the City Coordinate warranty work for a period of up to one year. The Basic Services, based upon the current project schedule for the entire project, are estimated at a not -to- exceed cost of $7,169,255. Basic Services are billed monthly on a time and material basis at the agreed rates as shown on Exhibit A of the CM @R contract. City Council approved these costs as a part of the original contract with C.W. Driver on April 27, 2010, no adjustments were made to this amount for GMP # 2 and no adjustments are proposed for GMP #3. Construction Costs / GMP. The second component of this contract is the actual cost of the construction work. The cost of the work is set as a Guaranteed Maximum Price (GMP). The GMP will include the actual bid plus a contingency. Under the CM @R project delivery method, C.W. Driver bids out the various construction trade contracts in accordance with the Public Contract Code and oversight from the City Clerk. The City Council will then approve the expenditure and accept C.W. Driver's GMP proposal for the work. C.W. Driver will then be responsible for delivering all work and construction included in the approved work scope for the maximum cost stated in the GMP. Any costs exceeding the GMP will be borne by C.W. Driver. Any savings under the GMP will be shared by the City and C.W. Driver. The City will receive 75% of any savings and C.W. Driver will receive 25% of any savings as an incentive to reduce overall costs. Direct Expenses. The third component is the Direct Expenses which include the direct costs for bond premiums; some field office expenses such as equipment and supplies; general liability insurance; and additional services as requested by the City. Direct expenses will include known costs and allowances for variable items. Construction Management Fee / Profit. The fourth component is the project fees for managing the construction. These construction management fees represent the markup, overhead, and profit. The Basic Services, Direct Expenses, and GMP represent actual costs without any markups, overhead or profit. The rate for the construction management fee is set at 3.25% for the entire project. The actual amount paid to C.W. Driver is based upon actual work completed (i.e., the amount could be less if the construction contingency is not spent). Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 8 Building Inspection and Construction Review For reasons of continuity and to minimize disruption to the City's Building Inspection and Public Works Construction Inspection operations, staff recommends that the Building Inspection and Construction Review services be performed by outside contract with And erson -Pe n na /I nterwest. Anderson - Penna /Interwest successfully completed the plan check review and has issued Building Permits for the City Hall Office Building, Library Expansion, and Parking Structure. Their familiarity with the project and past work experience makes them the logical and cost effective choice to continue as the City's Building Official for this project. In general, the proposed work scope includes: • Protect Inspection - ensure compliance with the construction plans and specifications, Building Codes, and regulations • Construction Phase Plan Review Services — Plan review of revisions to the approved plans, change orders, shop drawings, deferred approval documents and back check reviews. • Building Official and Administration Services — Verification of code inspections, oversight of inspection staff, interpretations of code provisions, and evaluation of alternative materials or methods. A more detailed description is listed in Exhibit A of the attached Professional Services Agreement (PSA). The estimated time and materials not -to- exceed fee including labor and expenses is $1,090,840. The actual costs will be based upon the hourly rates and expenses shown on Exhibit B of the PSA. Owner Controlled Insurance Program (OCIP) General liability, excess liability, and workers' compensation insurance are the coverage types in an OCIP. The coverages are bought for all parties by a program "sponsor," in this case, the City. In exchange for OCIP coverage, all contractors on the Civic Center Project are required to remove the cost of separately procuring these coverages from their bids. The estimated savings is approximately $1.1 million. Council approved the OCIP program for this project at its 9/28/2010 meeting. The OCIP provides coverage for the project from 1/15/2011 through 1/15/2013 plus an additional six (6) months, if needed. As the project owner, the City may also buy other coverage for its own protection such as builder's risk (property under construction) and pollution liability insurance. Staff recommends purchase of these two coverages for protection for the City. The total insurance costs for this project are shown in the table on the following page. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 9 COST ELEMENTI! PREMIUM r FUNDING PAYMENT SCHEDULE General liability - fixed Two installments, one at cost 429,395 ; Cash payment inception, one at start of second year Workers' compensation Two installments, one at - fixed cost 391,408 Cash payment inception, one at start of second year Loss fund - combined ...... .__.._..... - -- City holds the money but must general liability and Collateralized obligation - no secure with LOC or Trust - must workers compensation - variable cost, from $0 to 1,062,689 cash payment due, but letter set up payment account with in- maximum amount of credit of $587,111 required surer and reimburse as loss pay - shown, $1,062,689 as security ments are made ($75,000 initial deposit) Excess liability first layer $25 million - fixed 1 202,300 Cash payment Payable at inception of program cost Excess liability second layer $25 million - fixed 101,300 Cash payment Payable at inception of program cost .... ..—.— Cash payment Payable at inception of program -- _._ Contractors Pollution Liability ........ . .. .... .. .... 96,689 Builder's risk " 430,000 Cash payment Payable at inception of program TOTAL (Low end) 1,651,092 Best case scenario - no losses (loss fund equals zero) TOTAL (High end) 2,713,781 Worst case scenario - losses equal or exceed loss fund *The builder's risk coverage has been quoted by two insurers, Allianz and Lexington. The City's OCIP Broker, AON is continuing to negotiate premium and coverage and expects to lower the cost shown in this table by the expected binding date of 2/23/2011. The cost of premiums under the Insurance Program Agreement total $1,651,092 with an additional $1,062,689 for potential loss claims representing the maximum potential out of pocket claims exposure for a total potential cost of $2,713,781. ENVIRONMENTAL REVIEW: CM @R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. An EIR for the Newport Beach Civic Center Project was certified by City Council in November 2009. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 10 FUNDING AVAILABILITY: On November 9, 2010, City Council approved the sale of Certificates of Participation (COPs) generating $123 million for the Civic Center project. With the approval of the attached budget amendments totaling $90,529,004, sufficient funds are available from the proceeds of the 2010 COPS and the Facilities Financing Plan fund to fund the additional phases described below: Civic Center Construction Costs to be funded Amount GMP Phase #3 $82,374,384 PSA for Building Inspection & Construction Plan Review $1,090,840. GMP Phase # 3 Owner's contingency $1,600,000 Subtotal GMP Phase # 3 with Building Inspection $85,065,224 OCIP - Agreement with Old Republic $1,651,091 OCIP - Maximum Loss Claims $1,062,689 Subtotal OCIP Amendment $2,713,780 Alternate # 1, Pedestrian Bridge over San Miguel $2,000,000 Alternative # 2, Photovoltaic Panels on City Hall Office Building $750,000 Subtotal Alternatives $2,750,000 Grand Total (including Alternatives) _ $90,529,004 Submitted by: Attachments: Amendment to CM @R contract with C.W. Driver, PSA contract with Anderson -Penna including work scope, schedule and fee Exhibits Insurance Program Agreement with Old Republic General Insurance Corporation Budget Amendments 11 BA -32, 34, 35 & 36 9/6 NB CIVIC CENTER PROJECT Timeline/Status Projected Optimistic Case I Environmental Impact Report Jan 2009 - Certified Nov. 2009 Costs Costs Desi n Competition 5 firms CeD $50,000 June - Dec 2008 1 $250,000 $250.000 Total Desion Comoetition Cost = S250.000 $250.000 ENVIRONMENTAL DOCUMENTATION Environmental Impact Report Jan 2009 - Certified Nov. 2009 $465,000 $465,000 Native American Monitoring April 2010- Ongoing $31,700 $31.700 Environmental Mitigation Monitoring April 2010 -On oin $125,000 $125.000 Total Environmental Costs = S621.700 5621.700 DESIGN Pre- Design - Concept Refinement Jan - April 2009 $647,675 $647,675 Schematic Design & Design Development, SD & DD April 2009 -April 2010 $4,998,677 84,998,677 Construction Documents, CD April 2010 - Nov 2010 $4,963,889 $4,963,889 Construction Support, CS Nov 2010- Ongoing $4,035,112 $3,752,654 Geotechnical Design April 2009 - April 2010 $250,911 $250,911 Tntar Oacrnn cnctc = 514. aY6.264 514 6136Ox PROJECT MANAGEMENT - Design Team Project Management: Pre - Design Jan -Apnl 2009 $233,660 $233,660 Project Management: SD & DO April 2009 -April 2010 $647,018 $647,018 Project Management: CD April 2010- Nov 2010 $1,729,450 $1,729,450 Project Management: CS Nov 2010 - Ongoing $576 48 $$536,129 Tntal Prn ant Mananamant Cnntn= 53.966.619 53.14x1]] CONSTRUCTION Basic Services !General conditions April 2010- Dec 2012 $7,169,255 $7,169,255 Direct Expenses April 2010 -Dec 2012 $1,492,062 $1,492,062 Construction Mngt Fee (profit & overhead) (325 %) April 2010 -Dec 2012 $3,242,665 $3,242,665 GMP Phase 1 - Mass Excavation & Sharing Wall April 2010 - March 2011 $6,620,410 $6,252,610 GMP Phase 2 - Design Assist/Build Parking Structure Oct 2010 - Nov 2011 $7,057,636 $6,805,578 GMP Phase 3 - City Hall, Library Exp, and Parks March 2011 -Dec 2012 $76,724,903 $76,997,037 Signing /Wayfinding TBD - Likely Fall 2011 $400,000 $400,000 Additional Site Electrical - SCE March 2011 $200,000 $200,000 ,Remaining VE (Value Engineering) TBD -Like) March/ ril 2011 $0 - $1300,000 inter construction unst t - a9r14- aex.a:t9 a9u9.zow.2e1 CONSTRUCTION SERVICES Geotechnical Support April 2010 -Dec 2012 $326,563 $303,704 LEED Commissioning Dec 2010 -Dec 2012 $151,000 $151,000 Material TesdnglDepuly Inspection Dec 2010 -Dec 2012 $865,498 $804,913 OCIP Feb 2011 -Dec 2012 $3,008,780 $1,946,091 Building Permit Plan check Oct 2010 - Dec 2010 $125,000 $118,250 Inspection and Construction Review Services Feb 2011- Dec 2012 $1,090.840 $1,014,481 I Otal rr3t= az,uue,uuv ac,uuu,uuu Total Cost "All In" = $131,429,187 $126227409 OWNERS CONTINGENCY - AllPhases $2,623000 $0 Civic Center Technology Grant In Hand 1 -$1,300,0001 -$1 300,000 Alternative Construction Items Alt #1 -San Miguel Ped Overcrossing TBD $2,000,000 $0 Ali #2 - Photovoltaic Panels TED $750.000 $0 Notes: 1 -Assumes 75% GMP Contingency returned to the CBy 2 - Assumes 7%savings in time and materiel contracts 3. Savings of 57,062,689 if no claims 4 -About $2,900,000 in remaining VE under consideration 5 -Did not bond for FF &E 4.z"DV,000 au Total Cost "All In" wiAlternates = $135,502,187 $124,927,409 21 21 41 21 2 3 z z Amount projected for COP Issuance - $123,000,000 5 Amount carried in FFP (estimated) - $127,000.000 Top End of Early Estimates (Nov 10, 2009) _ $139,2001000