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HomeMy WebLinkAbout08 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949 - 644 -3328 Idalton@city.newport-beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER CONTRACT NO. 3460 — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. RECOMMENDATION: Approve Amendment No. 2 to Professional Services Agreement with Ron Yeo, FAIA, Architect, Inc., (Ron Yeo) for additional compensation of $54,782 and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: The Back Bay Science Center is a proposed 13,000 square foot facility to be constructed on Shellmaker Island in the Upper Newport Bay Ecological Reserve. It will be a multi -use facility for: • The California Department of Fish and Game (teaching lab, administration offices and storage) • The County of Orange Health Care Agency (water quality lab) • The City of Newport Beach (office and shared conference room) • The Newport Bay Friends and Naturalists (office and shared conference room) • The University of California Irvine Crew Base (shared parking lot) Ron Yeo, along with City staff, began pro bono work with the agencies on preliminary designs for the project in late 2001. By the summer of 2003, preliminary planning and engineering had progressed to the point of starting final design and preparing contract documents. Accordingly, the City Council approved a Professional Services Agreement with Ron Yeo on September 9, 2003, to prepare the project's final design plans and specifications for a compensation amount not to exceed $363,000. The original Agreement's expiration date of June 30, 2005 was extended to June 30, 2007 when Council approved Amendment No. 1 to the Agreement on June 28, 2005. Final contract documents were complete by the spring of 2004. After Coastal Commission approval of the project on March 17, 2004, the plans and specifications SUBJECT: Back Bay Science Center Contract No. 3460 — Approval of Amendment No. 2 to Professional Services Agreement with Ron Yeo, FAIA, Architect. Inc. September 13. 2005 Page 2 were advertised for construction with contractors' bids due on June 8, 2004. No bids were received at the time set for publicly opening bids (one bid submitted late was returned unopened). Inquiries by staff indicated a number of reasons that no bids were received for the project: (1) large amounts of similar construction activity, (2) contractors bonding limitations, and (3) uncertainty of material availability and price increases. It also became apparent that the project would cost nearly double the available funding of $2,400,000. DISCUSSION: During the past year, staff has continued its efforts to construct the Back Bay Science Center by seeking additional funding sources, prequalifying construction firms, and investigating alternate building materials. A total of $4,300,000 is now potentially available for construction. The estimated construction cost of $4,500,000 was established in early 2005 with the pro bono assistance of Griffin Structures and the Howard S. Wright Construction Company. Staff decided to prequalify construction firms in an effort to obtain the interest of more contractors for rebidding this plus three other City building projects, thus assuring the bidders that only quality firms would be bidding against each other on the City's projects. Staff advertised and invited reputable General Building Contractors to prepare and submit prequalification data concerning their firms to the City pursuant to State law (see attached Public Notice). Staff then evaluated their data and granted prequalification to 19 firms. Concurrent with the search of additional funding, staff authorized Ron Yeo to investigate the use of a pre- engineered metal building instead of the wood frame structure initially designed. These studies resulted in the conclusion that substantial cost savings may be achieved by specifying a metal building; however, the structure's exterior appearance would be changed and its durability would be decreased. Further analysis led to the finding that the building could be built with pre- engineered structural steel members and metal panels for the roof, thereby retaining the buildings' exterior design appearance. A construction cost reduction of approximately $20 per square foot ($260,000 for 13,000 sq. ft.) could potentially be achieved. However, some of the construction cost savings would be offset by the fees to revise the current final design plans and specifications. Ron Yeo's charges for his work during this redesign period are being paid from the $62,000 budget for construction support established in his September 9, 2003 Professional Services Agreement. Two other items totaling approximately $15,000 have also been paid from the construction support budget. They are (1) revisions to the site plan to incorporate changes necessary for Coastal Commission approval, and (2) a required survey of endangered species bird nesting and plant growth. Staff is currently proceeding with a dual, parallel track for the project. One track is to prepare plans and specifications for the pre- engineered metal portion of the facility, and to solicit construction bids from a list of pre - qualified contractors. These competitive bids will be due on September 29, 2005. The other track is for the City to choose a "Construction Manager at Risk" (CMAR) from the list of pre - qualified general SUBJECT: Back Bay Science Center Contract No. 3460 —Approval of Amendment No. 2 to Professional Services Agreement vrlth Ron Yeo, FAIA, Architect, Inc. September 13, 2005 Page 3 building contractors established in March of this year, and to negotiate a "Guaranteed Maximum Price" (GMP) with that contractor. In order for the CMAR to establish a GMP, the existing plans and specifications must be revised to reflect the pre- engineered structural steel framework and metal roof panels. Amendment No. 2 to Ron Yeo's contract will authorize compensation for these design revisions, $54,782. A third amendment may be required at the award of a construction contract to re- establish the $62,000 amount that had been budgeted under the original contract for construction support services. After bids have been received for the building's steel framework and a GMP has been negotiated with the CMAR, staff will recommend that the City Council award contracts for the framework and the CMAR as well as the contract amendment for construction support services. A complete description of project funding will also be presented at that time. Staff anticipates that such recommendations will be made in November. Environmental Review: A mitigated negative declaration of environmental impact has been approved for the Back Bay Science Center project. Funding Availability: Funds are currently available in the following account to pay the $54,782 cost for Ron Yeo's professional services set forth in Amendment No. 2. Account Description Back Bay Science Center Prepared by: Gail Pickart, P.E. Consulting Project Manager Attachments: Amendment No. 2 Public Notice Site Plan Account Number Amount 7457- CO310600 $54,782.00 Submitted by: Step en G. Bad um - Public Works Director AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA, ARCHITECT, INC. FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND 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 Ron Yeo, FAIA, Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On September 9, 2003, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for final design and architectural and engineering services for the Back Bay Science Center on Shellmaker Island, hereinafter referred to as "Project ". This Agreement is scheduled to expire on June 30, 2007. B. City and Consultant have entered into one separate Amendment of the Agreement, the latest dated May 24, 2005. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or prior Amendment. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", subject to the terms setforth below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall diligently perform all services and be compensated for all services performed pursuant to this Amendment No. 2 in accordance with "Exhibit A° (Construction Document and Bid and Value Engineering phases only) dated August 8, 2005, which is attached hereto and incorporated by this reference. 2. 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 Exhibit "A ". Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment No. 2, including all reimburseable items and subconsultant fees, shall not exceed Fifty Four Thousand Seven Hundred and Eighty Two Dollars ($54,782.00). The total compensation to Consultant for all services performed pursuant to the Agreement and this Amendment No. 2, including all reimburseable items and subconsultant fees, shall not exceed Four Hundred Seventeen Thousand Seven Hundred and Eighty Two Dollars. ($417,782.00). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the 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: 0 LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach RON YEO, FAIA, ARCHITECT, INC.: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f: \users\pbw \shared\agreements \fy 05- 06 \yeo -back bay science center -1.doc 0I EXHIBIT A I RON YEO, FAIA ARCHITECT, INC. 5D0 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX 644 -0449 TO: GAIL PICKART, City of Newport Beach FROM: Ron DATE: August 8, 2005 RE Fee Proposal for Professional Services for the 'Back Bay Science Center" Project Due to the current bid climate resulting in higher construction costs, and the limited budget for the project, we have been instructed to change the design of the project to incorporate a "pre- engineered" steel structure. It is the intention of the City to issue two separate RFQs. One for Metal building contractors and one for CQnstruction Manager "at risk" (CMAR). The qualified contractors will be asked to bid on the structural "building shell' for the Phase 1 contract documents that are currently being completed. The fees for the additional work, now completed for the pre - engineered analysis, re- bidding discussions, coastal commission coordination and additional environmental field surveys as well as the new contract documents for the "shell" have been or will be taken from our original agreement balance of $62,000. The selected CMAR will take the bids from the Metal building shell and bid out the various additional sub traces for Phase 2 in a value engineering review which will result in a. "not to exceed" construction cost for the total project. In order to bid and obtain permits for Phase 2, it will be necessary to revise the previous architectural drawings, Title 24 analysis and specifications as well as to provide new calculations and structural drawings by an expert metal building structural engineer. All of the site work will remain as previously designed. As directed, this is a request to amend our agreement of 9/9/03 and the time extension of 4128105 to cover the additional professional fees for an additional $117,305. PHASES OF DESIGNATED SERVICES Contract Documents Phase 2. The Contract Documents Phase is the stage in which the requirements for the revisions of the Work are set forth in detail — Including: STRUCTURAL 1. Provide structural calculations and construction drawings for shear walls. 2. Provide structural calculations and drawings for foundations based on an existing geotechnical report that allows the use of mat foundations. City, County & DF &G acknowledging that the use of mat foundations could someday result in the eventual displacement of the structures due to seismic - induced ground motion and are willing to accept the possible corrective work and serviceability issues that may result. Exhibit A Back Bay Science Center page 1 3. Provide submittal package consisting of foundation and shear wall drawings and calculations for submittal to City Building Department. MECHANICAL 1. Revise the Title 24 energy conservation calculations based upon today's standards to reflect the new roof construction. 2. Revise details to reflect the new roof construction. 3. Revise mechanical floor plan to incorporate the new columns and relocated doors and windows. PLUMBING 1. Revise plumbing floor plan to incorporate the new columns and relocated doors, windows and plumbing fixtures. 2. Revise the details to reflect the new roof construction. 3. Revise automatic fire sprinkler specifications to accommodate the steel structure and roof framing. ELECTRICAL 1. No revisions anticipated CIVIL 1. No revisions anticipated LANDSCAPE 1. No revisions anticipated ARCHITECTURAL 1. Coordination and checking of sub consultant's revisions. 2. Revise all drawings necessary to reflect the new construction system. 3. Revise specifications as necessary to reflect the new construction system. 4. Meet with the Project Manager to review the progress of the documents. 5. Meet with the Construction Manager @ Risk for review of value engineering. 6. Package the contract documents setting forth in detail the construction requirements for the Project ready for plan check and bidding. 7. Respond to Plan Check and Coastal Commission Comments. 8. Establishment of initial schedule for the Project Process, decision - making, design, documentation, contracting and construction 9. Review and update of previously established schedules during subsequent phases. Bidding & Value Engineering Phase. The Bidding or Negotiation Phase is the stage in which bids or negotiated proposals are solicited and obtained and in which contracts are awarded. 1. Respond to RFI's regarding the intent of the drawings and specifications. 2. Review Qualifications and construction costs of the bidders. 3. Meet with the Construction Manager @ Risk for review of value engineering decisions struction Support Phase. The Construction Support Phase is the stage in which the is performed by one or more Sub Contractors. The scope for assistance within this p includes 1. Attend the pre- struction meeting. 2. Coordinate w ith the R on a w eekly basis 3. Review the Sub Contracto op drawings and submittals. 4. Provide w ritten responses to the R's requests for information. 5. Provide weekly job site visits. Provide onstruction observation report for each visit. 6. Prepare the final punch lists for the buildings and s rk Post - Contract Phase. The Post - Contract Phase is the stage in which as nce in the Owner's use and occupancy of the Project is provided. Exhibit A Back Bay Science Center page 2 ADDITIONAL SERVICES Services which are not specifically identified herein as services to be performed by the consultant , are considered "Additional Services" for purposes of this Agreement. EXCLUSIONS Consulting services relating to any of the following items are specifically excluded from this contract at this time. • Soils engineering, testing and reports. • Title Reports, recorded documents, etc. • Construction staking or certifications. • Offsite improvements. • Bulkhead design • Composite utility plan. • "As- Built' drawings. • Hydrology Study or Hydraulic Analysis. • Pump station design or modification. • Plan check submittals, fees and permits. • Blueprinting services, except for normal coordination. • Owner /agency and /or coastal commission revisions after approval to proceed. • Alternate power source studies • LEED documentation and/or "commissioning" • Courier services, overnight express, etc. • Exterior lighting photometric plans. • Specialized foundation design other than a matt foundation • Furniture, fixture & equipment design • UCI Crew Building design • Trails and teaching station design • Exhibit & Aquarium design • Environmental Studies & Reports • Marketing, Fund raising program, • Economic feasibility studies, Project financing • Identification, removal and disposal of any hazardous materials within the site or in existing structures • Relocation of existing structures • Green House design • Amphitheater rehab & cover • Full time Construction Management • Wetland rehabilitation services by "Coastal Resources Management" for monitoring of wetlands and field monitoring reports, management of marsh planting process and project management and coordination for up to one year. It is anticipated that the CMAR will have this under his responsibility. Exhibit A Back Bay Science Center page 3 COMPENSATION To be invoiced monthly Construction Document phase Structural $23,082 Mechanical & Plumbing $6,700 Architectural $20.000 $49,782 Bid & Value Engineering phase $5,000 i Support phase Structural $10,400 anical /plumbing $8,625 Electric $2,300 Civil $3,450 Landscape $1,748 Architectural hourly @ $4,000 /month $36.000 $62,523 Total Construction budget $4,000,000 Average Construction support @ 2% _ $80,000 Proposal estimate —1 1/2% Ron Yeo, F. Architect Exhibit A Back Bay Science Center page 4 PUBLIC NOTICE City of Newport Beach Public Works Department PREQUALIFICATION OF GENERAL BUILDING CONTRACTORS TO BID ON CITY OF NEWPORT BEACH BUILDING PROJECTS The City of Newport Beach anticipates offering the following four City building projects for public bid within the next 12 months: • Corona del Mar State Beach Improvements [June of 2005] • Back Bay Science Center [fall of 2005] • Fire Station No. 7 and Training Center [winter /spring of 2006] • Newport Coast Community Center [winter /spring of 2006] These projects should bid within the time periods listed above. The construction cost for each project will be in the $3 to $7 million range. The City invites general building contractors to complete and submit a prequalification form and questionnaire if their firm wishes to be prequalified to bid on any or all of these projects. The City has prepared its prequalification form and questionnaire in accordance with 1999 legislation of the State of California and guidelines created by the State Department of Industrial Relations. The prequalification form and questionnaire may be obtained at the public counter of the City's Public Works Department, which is located in City Hall at 3300 Newport Boulevard, Newport Beach, California. Submittal of a prequalification form and questionnaire does not guarantee that the City will grant prequalification. Bids will be accepted for these projects only from general building construction firms which the City has prequalified to bid. Prequalification submittals shall be delivered in a sealed package to the Public Works Department by 1:00 PM on February 25, 2005. Please direct questions concerning the prequalification form and questionnaire to Lloyd Dalton, PE, Design Engineer at (949) 644 -3328 or Idalton ecity.newDOrt- beach. ca. us.