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HomeMy WebLinkAbout10 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io May 24, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3311 ldatton@city.newport-beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART RECOMMENDATION: Approve the attached Amendment No. 2 to the Professional Services Agreement with Gail P. Pickart, P.E. DISCUSSION: Background The Back Bay Science Center 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 storage and restroom building, a metal storage shed for oil spill protection and response gear, double -wide modular units for DF &G offices and teaching labs, triple -wide modular units for the County of Orange Health Care Agency Water Quality Lab, and a single -wide modular unit for the Newport Bay Naturalists & Friends. The proposed Back Bay Science Center will replace the modular units and two smaller structures with a single 13,000 square foot 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. Design of the shared parking and utility services for the two projects has been coordinated. Preliminary planning and design for the project started in 2002. In May 2002, a Professional Services Agreement was entered into with Gail P. Pickart, P.E. to provide Subject: Back Bay Science Center — Amendment No. 2 to Professional Services Agreement with Gail Pickart May 24, 2005 Page: 2 project management services for the Back Bay Science Center project. The agreement authorized a fee amount of $29,900.00 for such services with a term extending to June 30, 2004. Since then, Mr. Pickart has performed project management services as needed and appropriate on a "time and materials" basis. In March of 2004, the City Council approved Amendment No. 1 to Mr. Pickart's agreement. The amendment was intended to extend Mr. Pickart's services until a construction contract was awarded and a construction manager could take over the project. Amendment No. 1 increased Mr. Pickart's project management budget by $23,400 to $53,300 and extended the term to September 30, 2004. Unfortunately, no bids were received last June. However, the parties are still committed and wish to rebid the project. The plans have been simplified, the project has received additional funding, and staff intends to rebid after July Vt in order to not be in competition for contractors that are bidding on work that floods the market each fiscal yearend. The City desires to continue Mr. Pickart's services through this year's bid and award process, as well as construction manager selection. Amendment No. 2 has been prepared to increase Mr. Pickart's project management fee by $26,250.00 to $79,950 and extend the term of the Agreement to October 30, 2005. Funding Availability: Sufficient funds are currently available in Back Bay Science Center Account No. 7251 - 00310600 to provide for the amendment. Prepared t LIV-Dalton Principal -- Submitted by: C_ to en adum Public Works Director Attachments: Amendment No. 2 to Professional Services Agreement AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E. FOR PROJECT MANAGEMENT SERVICES FOR THE BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and GAIL P. PICKART, P.E., an individual whose business 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 for the construction of a new 13,000- square -foot multi - functional building to house the Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve (hereinafter referred to as "Agreement "). B. Under the Agreement, Consultant was to work with the various agencies involved in the project, including the County of Orange and the state Department of Fish and Game, to help secure funding and to oversee the bidding process and selection of a construction contractor for the new center (hereinafter referred to as "Project "). Under the Agreement, Consultant was to bill for his services on an hourly basis, up to a maximum of $29,900. The Agreement was scheduled to expire on June 30, 2004. C. In March 2004, due to delays in securing approvals for the Project from the various agencies involved, the City approved Amendment No. 1 to Agreement, which increased the budget for Consultant's project management services by $23,400, to a new total of $53,300. Amendment No. 1 also extended the term of Agreement to September 30, 2004. D. By May 2004, the plans and specifications for the Back Bay Science Center were completed and construction bids were solicited. The deadline for bid proposals was June 8, 2004, but no timely bids were received. The one bid that was submitted after the deadline was at a cost far in excess of available funding. City has since received additional funding and decided to make design changes to the proposed center to reduce construction costs. City plans to readvertise for bids in July 2005. E. City desires to enter into this Amendment No. 2 with Consultant to provide additional management services for the Project. F. City must compensate Consultant for the additional professional services that will be needed for Project, which were not included in the original Agreement or the prior amendment. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided below. NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to compensate Consultant on an hourly basis for additional project management services to be provided as outlined in the Scope of Work and Fee Scheduled, attached hereto as Exhibit A, and incorporated in full by this reference. 2. The total additional compensation to be paid under Amendment No. 2 to Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Six Thousand, Two - Hundred and Fifty Dollars ($26,250). This additional compensation will increase the total budget authorized by the City for Consultant's services to a new total of $79,550. 3. The term of Agreement shall be extended to October 30, 2005. 4. 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 executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation :_ Mayor for the City of Newport Beach CONSULTANT: By: Gail P. Pickart, P.E. Attachment: Exhibit A— Scope of Work and Fee Schedule f :\users\pbw\shared\agreements\fy 04- 05\pickan- amendment -2.doc Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 936'5 (949) 873 -9053 cell (949) 640 -1076 fax May i0, 2005 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 Baca: Bay Science Center in accordance w'th a Professional Services Agreement with the Cit-v of Newport Beach. The Agreement established a compensation limit of 529,900 and covered a term extending to June =0, 2004. On March 23; 2004, Amendment lib. 1 to that initial Professional Services Agreement was approved by the City Council. The Amendment authorized an increase m my compensation budget of 523,400 for a new total of S53300, and it extended the term of the Agreement to September 30, 2004.. The plans and specifications for the project were completed by May 2004 and construction bids were solicited. No bid proposals were received on June 8, 3004, at the time set for bids to be opened and publicly read. One bid was submitted approximately one minute late so it was rejected by the City Clerk and returned unopened. Metro Builders, who submitted the late bid, subsequently shared their bid proposal information and costs with the project team and it became apparent that our Engineer's cost estimate and available funding were too low by about 75%. During the following weeks and months, various efforts were made to determine a realistic construction cost estimate and to obtain additional funding sources. Altemate building materials and st*ucture types, such as modular and pre - engineered steel, were investigated and analyzed. The hours spent pursuing these alternatives have exhausted my compensation budget. Mr. Lloyd Dalton May 10. 2005 Pace Two At the present time, there appears to be 51.3 - S i.5 million of additional funding available for the project. There also appears to be potential construction cost savings in the range of 5400,000 to $800.000 by utilizing a pre - engineered steel frame building rather than the wood frame building currently designed. The project stakeholders (Ciry of Newport Beach. County of Orange, and California Department of Fish & Game) have concluded that they wish to proceed with design charges for pre - engineered steel buildings and to re- advertise for construction bids this summer (Jule 2005). I hereby propose to continue providing project management services during the next four to six months through the design chan_es, bidding and constriction contract award phases of the project. An estimate of the hours of project management services for a sip: month period (April to October 3005) is ten hours per week. Eff ective January 1. 2; 05, my hourly rate for project management was increased from S90 per hoar to 5105 per hour (see attached Fee Rate Schedule). The corresaonding compensation budget increase is as follows: 10 hours per week x 25 weeks x $105 per hoar = 536.250 An amendment (No. 3) to my Professional Services Agreement is requested extending its term to October 30. 2005. and increasing the authorized compensation amount by 526.250 - from 553.300 to 579.550. Thank you for your consideration and I loot: fo.-ward to continuing to work with you and others in order to successfully getting this unique project under construction. Call me at (949) 872 -9053 if there are anv questions regarding this proposal. Sincerel\7, 0 V Gail P. Pickart, P.E. L Professional Se -vices Titl e FEE RATE SCHEDULE Effective January 1, 300= Gail P. Pichm. P.E. 3810 East Coast Highway, Suite 4 Corona del Mar, CA 92625 (949) 872 -9053 (949)640 -1076 (Fax) Rate Per Hour Principal S 130.0'u Prole. t Mar,aHer, 105.00 Clerical; Nt, ord ProcessL'-IR 40.00 Ii. Reimbursable Expenses 1 . Travel InvolvIna airlines. 'lairs. and overruiaht lodzino Fill b billed at cost. _. Rproduc *ion, bluep:in:ing. photocopying. and phoLog lung will be billed at cost. ilk. Outside Services livoice costs of services and e }menses charged by independent contractors . consultants, specialists, and professional or technical fires in support of sen'ices provided be Gail P. Pichart. P.E.. will be billed at 1. L5 titles cos:..