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HomeMy WebLinkAbout06 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 -644 -3328 ldalton@city.newport-beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER — AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS RECOMMENDATIONS: Authorize advertisement for construction bids. 2. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, PE, for Project Management Services for Back Bay Science Center DISCUSSION: Background A Back Bay Science Center (BBSC) is proposed to be constructed on Shellmaker Island in the Upper Newport Bay Ecological Reserve. Shellmaker Island is owned and managed by the State of California's Department of Fish and Game (DF &G). A collection of permanent and temporary (modular) structures presently exist on the site. The largest and oldest structure is a prefabricated, metal building that serves as the University of California, Irvine (UCI) crew house, which is covered by a lease between DF &G and UCI. The other structures consist of a masonry restroom and maintenance building, a metal storage shed for oil spill protection and response gear, a double -wide modular unit for DF &G offices and teaching labs, a triple -wide modular unit for an Orange County Health Care Agency (OCHCA) Water Quality Lab, and a single -wide modular unit for the Newport Bay Naturalists & Friends. The BBSC will replace the modular units and the other two structures with a single 13,000 square foot masonry facility. As a separate project, UCI intends to replace their existing 3,000 square foot crew house with a new 8,000 square foot structure in the not- too - distant future. Construction of shared parking and utility services for the two projects has been coordinated and is included in the BBSC construction contract. Subject: Back Bay Science Center— Authorization to Advertise for Construction Bids March 23, 2004 Page: 2 Preliminary planning and design for the BBSC began early in 2002 and final design • commenced in September of 2003. A site plan for the proposed project is attached for your reference, and a scale model of the BBSC is available for viewing in the Council Chambers lobby. Project Description The BBSC consists of three building wings connected with walkways and sloping roofs that frame a courtyard assembly area. The BBSC is considered as a single structure for Building Code purposes. The largest wing is L- shaped, consisting of the OCHCA's Water Quality Laboratory, visitor's restrooms, and storage bays for DF &G equipment and oil spill response gear. A second wing will serve as the teaching laboratory for marine and estuary studies that DF &G will operate for the benefit of student and community groups in collaboration with local school districts, community colleges, and universities. A third wing will serve as permanent offices for DF &G and Newport Bay Naturalists & Friends personnel. It will also include a sizable conference /meeting room that will be available to the City as well as other community groups. Previous City Council Actions Issues concerning the BBSC (initially known as the Marine Studies Center) have been brought before the City Council on a number of previous occasions. A brief summary of prior City Council actions is as follows: • • FY 2001 -2002 Budget — Allocation of $500,000 from American Trader Oil Spill Settlement Funds for the project initiation and installation of a temporary OCHCA Water Quality Lab. • February 2002 — Authorization of professional services agreements with Ron Yeo, FAIA Architect, Inc., for preliminary design and with Robert W. Garrison, Nature Tourism Planning, for preparing an interpretative plan for onsite teaching. • May 2002 — Approval of a cooperative agreement with DF &G for preliminary design and environmental documentation, with reimbursement of $369,600 from a federal grant that is administered by DF &G. • September 2003 — Approval of a professional services agreement with Ron Yeo, FAIA Architect, Inc., for final design and construction documents. • November 2003 — Approval of a three -party cooperative agreement (City, County and DF &G) establishing the rights and obligations of the parties with respect to the BBSC funding, design, and construction. These actions have been taken because the City Council has determined that the activities provided by a facility, such as the Back Bay Science Center, will be of great benefit in preserving the health and well -being of Upper and Lower Newport Bay, which are resources of significant value to the City of Newport Beach. Subject: Back Bay Science Center — Authorization to Advertise for Construction Bids March 23, 2004 Page: 3 0 Estimated Costs The estimated cost to construct the BBSC buildings and improve the site (grading; parking area paving, lighting and drainage; landscaping and irrigation; utility services; etc.) is $3,192,000. A summary of the items totaling that amount is as follows: Water Quality Lab, Restrooms, and Storage Wing $1,256,000 Teaching Lab Wing $477,000 Administrative Offices Wing $510,000 Site Work $949,000 TOTAL: $3,192,000 The total estimated cost of the BBSC as currently designed is $4,120,000. A summary of the items totaling that amount is as follows: Preliminary and Final Design $710,000 Construction $3,192,000 Construction Management, Inspection, and Testing $193,000 Relocation of DF &G Modular Units for Construction $25,000 TOTAL: $4,120,000 Preliminary and final design costs will total approximately $710,000, including the amendment for project management that is recommended for approval in this staff • report. Upon award of a construction contract, staff will recommend approval of an agreement for construction management. Construction management costs, including inspection and materials testing, will total approximately $193,000. The existing DF &G modular units will be relocated under an informal contract that will administered by Public Works Department staff. A $25,000 budget is established for the relocation. Future Costs If the stakeholders (DF &G, County and City) are successful in constructing the BBSC, additional funding will be needed to make it fully functional. An additional $1,211,000 (not included in the construction cost) will be needed to furnish and equip the teaching lab and administrative offices and to provide interpretive exhibits and learning stations. A summary of the items totaling that amount is as follows: Saltwater Intake and Treatment $69,500 Aquatic Life Support System $104,500 Aquarium House at Entry Courtyard $50,000 Teaching Lab Furniture and Equipment $60,000 Exterior Interpretative Exhibits $605,000 Outdoor Learning Stations $212,000 Perimeter Trail $40,000 Administrative Offices Furniture and Equipment $70,000 TOTAL: $1,211,000 Subject: Back Bay Science Center — Authorization to Advertise for Construction Bids March 23, 2004 Page: 4 Funding Availability The funding currently available for designing and constructing the BBSC is as follows: Department of Fish and Game Orange County Health Care Agency UCI (Wetlands Restoration) City of Newport Beach (American Trader Funds) City of Newport Beach (Upper Bay Restoration Fund, subject to approval of the State Lands Commission) TOTAL: $945,000 $1,230,000 $30,000 $500,000 $310,000 $3,015,000 Comparing the total estimated project cost ($4,120,000) with the total funds available ($3,015,000) indicates that an additional $1,105,000 may be needed to award the project as currently envisioned. If additional funds are not obtained prior to the date of award, the bid documents allow DF &G's Administrative Offices and some site work to be deleted from the contract. An estimated $987,000 may be saved by deferring this construction. This interim plan would retain the relocated DF &G modular units for office and lab use. Advertising the BBSC for bid without having the entire amount needed for award is unusual; however, since approximately $575,400 of DF &G's funding is a federal grant for construction which must be obligated by June 30, 2004, staff recommends that the project be advertised for bid while staff concurrently seeks the additional funding. The plans and specifications will be made available to prospective bidders after OCHCA has indicated their satisfaction with the project design. The execution of a phased construction contract is understood to satisfy the requirements of the federal grant funds. The project bid documents will show the base bid to include the water quality lab, restrooms, storage wing, teaching lab, and utility services. Bid alternatives will include DF &G's administrative offices and some site work. If additional funding is not available at the time of award, staff will recommend the award for constructing only the water quality lab, restrooms, storage wing, teaching lab, and utility service connections. The administrative offices and other site improvements will be deferred. Should additional funds be secured during construction, the deferred work may either be added to the contract or a second construction contract may be bid and awarded at a later date. Additional Funding Sources 0 Staff is currently seeking to formalize an agreement for UCI's contribution toward their share of site work costs. UCI is expected to pay for approximately $293,600 of the estimated $949,000 of site work costs. An option could be that the City advance UCI's share of site work costs until a formal reimbursement agreement can be implemented • with UCI. These options will be detailed at the time that award is recommended. Subject: Back Bay Science Center — Authorization to Advertise for Construction Bids March 23, 2004 Page: 5 Staff is also pursuing its contacts in Sacramento, including State Senator Johnson and Assembly Member Campbell, along with Supervisor Jim Silva and various advocacy groups, such as the Miocean Foundation, to secure the additional funding. Funding sources are available in Sacramento -- despite the current budget crisis. These sources include: • The State Coastal Conservancy. The SCC has received $120 million from Proposition 50 for coastal watershed protection. $12 million of this shall go to "training and research facilities for watershed protection and water conservation activities — priority for (a) projects operated by non - profits in collaboration with the University of California and public water agencies; and (b) nature centers that are in or adjacent to watersheds and wetlands that provide wildlife viewing, conservation education to students in cooperation with non - profits and are designed to serve children from urban areas that lack access to natural areas and outdoor education programs." Another $200 million came from Proposition 40 for the rehabilitation and restoration of land and water resources. • The Wildlife Conservation Board. The WCB has received $140 million "to protect regional water quality, protect and enhance fish and wildlife habitat' and $750 million for "acquisition, protection, and restoration of coastal wetlands identified in the Southern CA Coastal Wetlands inventory as of 1 -2001, located within the Coastal . Zone, and other wetlands connected or proximate to such costal wetlands..." -- all from Proposition 50. Another $300 million came to the WCB from Proposition 40 for the rehabilitation and restoration of habitat that promotes the recovery of threatened or endangered species. • The State Water Resources Control Board. The SWRCB has received $100 million for water pollution prevention and another $100 million for projects that restore and protect coastal waters -- both allocations are from Proposition 50. Environmental Review DF &G is the lead agency for CEQA purposes, and approved a Mitigated Negative Declaration. The City will be required to implement mitigation measures within our control. Professional Services Agreement — Amendment No. 1 On May 31, 2002, a Professional Services Agreement was entered into with Gail P. Pickart, PE, to provide project management services for the project. The Agreement authorized a total fee for such services not to exceed $29,900, with a term extending to June 30, 2004. Mr. Pickart has provided project management services as needed, and his total fee amount has been exhausted. To continue his services through the construction contract bid and award process, including retaining a construction manager, an additional authorization of $23,400.00 is recommended. Accordingly, the attached Amendment No. 1 to Professional Services Agreement has been prepared to Subject: Back Bay Science Center — Authorization to Advertise for Construction Bids March 23, 2004 Page: 6 extend the term of the Agreement to September 30, 2004 and increase the total fee for services to $53,300.00. Funds for Amendment No. 1 are currently available within the FY 2003/04 budget under Account No. 7251- C0310660. Prepared by: Submitted by: BC` Lloyd qAton, PE t h . Badum, PE Desigrf Engineer Pub' orks Director Attachments: Project Location Map Amendment No. 1 to Professional Services Agreement 0 0 e: :" ri Il ueld ei,g v 1 \w O, 00 O; o vim! Ol'I', Y 1 , V o J , D � AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, PE, FOR PROJECT MANAGEMENT SERVICES FOR BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 1 to Professional Services Agreement with Gail P. Pickart, PE, for Project Management Services for the Back Bay Science Center, entered into this day of 2004, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Gail P. Pickart, PE, whose address is 3810 East Coast Highway, Suite 4, Corona Del Mar, California 92625, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On May 31, 2002, City and Consultant entered into a Professional Services Agreement for Project Management Services relative to the proposed Back Bay Science Center (then known as the proposed Marine Studies Center) on Shellmaker Island, hereinafter referred to as "Agreement ". B. City and Consultant have entered into no other separate amendments to Agreement. C. City and Consultant mutually desire to enter into this Amendment No. 1 to extend the term of Agreement and to authorize payment for additional services not included in Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall provide those additional project management services as set forth in Consultant's letter dated January 14, 2004, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 9 2. City shall compensate Consultant for such additional project . management services on an hourly basis for services performed, in an amount not to exceed $23,400.00. 3. The total compensation to be paid to Consultant by City for project management services relative to the Back Bay Science Center under the terms of Agreement and Amendment No. 1 shall not exceed Fifty Three Thousand Three Hundred Dollars ($53,300.00). This amount is the sum of $29,900.00 for Agreement services and $23,400.00 for Amendment No. 1 services. 4. The time period for providing project management services relative to the Back Bay Science Center under the terms of Agreement and Amendment No. 1 shall be extended from June 30, 2004 to September 30, 2004. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: LaVonne Harkless, City Clerk 0 Attachment: Exhibit A CWsers\PbMsbared%agreernentsgy 03 -04Vickad -back bay science amend no 1.dcc CITY OF NEWPORT BEACH, A Municipal Corporation Mayor CONSULTANT: Gail P. Pickart, PE Exhibit "A" Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 • Corona del Mar, California 92625 (949) 640 -1076 ofc (949) 872 -9053 cell January 14, 2004 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, I have been providing project management services for the Back Bay Science Center in accordance with a Professional Services Agreement with the City. The Agreement established a compensation limit of $29,900 to cover such services. A total of $29,700 has been billed through December 31, 2003, leaving a balance of $200.00 remaining of the $29,900 covered by Encumbrance No. E 060003. Final design of the project is now 90% complete and construction drawings are currently being reviewed by the City Building Department and by the user agencies. I propose to continue providing project management services for approximately six more months extending from January through June 2004. Some of the activities and tasks to be accomplished during the next six months are as follows: • Continue efforts to obtain a Coastal Development Permit • Final review and approval of the construction plans, specifications and estimates • Seek City Council authorization to advertise for construction bids (February 2004) • Coordinate a qualification based selection process to hire a construction manager • Respond to questions from prospective bidders and assist in scheduling a "pre -bid" meeting (March - April 2004) • Assist at the bid opening and in the evaluation of the bids received (April - May 2004) • Present bid results to City Council with appropriate recommendations for award of a contract or rejection of bids (May 2004) • Assuming award of a construction contract to a successful bidder, coordinate execution of the formal contract along with the accompanying security and insurance requirements (June 2004). January 14, 2004 Mr. Lloyd Dalton Page Two An estimate of the hours of project management services for the six -month period of January through June 2004 is ten hours per week. The corresponding compensation is $23,400 computed as follows: 10 hours per week x 26 weeks x $90 per hour = $23,400 An amendment to my Professional Services Agreement is requested extending its term to June 30, 2004, and increasing the authorized compensation amount by $23,400 from $29,900 to $53,300. I look forward to my continued involvement in this unique project. Feel free to call me at 949- 872 -9053 if there are any questions regarding this proposal for continuing my project management services. Sincerely, Gail P. Pickart, P.E.