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HomeMy WebLinkAbout07 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949 -644 -3002 or dkiff@ city.newport- beach.ca.us Public Works Department Stephen G. Badum, Director 94944 -3311 or sbadum @city.newport- beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER: BUDGET AMENDMENT, AUTHORIZATION FOR CONTRACT AMENDMENTS ISSUE: Should the City Council authorize changes to the contracts for the Back Bay Science Center on Shellmaker Island that: • Cover costs incurred by contractors for the four -month delay to the Project that occurred when a pair of ospreys nested near the Project; • Cover additional design and construction management costs (some incurred, some anticipated) due to additional time demands on the Project architect and the City's construction manager; • Authorize the construction of the Administration Wing at a not -to- exceed cost of $800,000 (and accepting $800,000 from the State of California to pay for the Administration Wing); and • Direct the City Manager to seek shared funding from the Project's two major artners (County of Orange and Department of Fish and Game) to cover up to 2/3 $ of the increased design and management costs. RECOMMENDATIONS: Approve Amendment No. 1 to the Construction Management at Risk Agreement with Douglas E. Barnhart, Inc., increasing their compensation by $239,815 (with up to $100,000 of that pending Admin Wing authorization) and authorize the Mayor and City Clerk to execute the Amendment; Approve Amendment No. 3 to the Professional Services Agreement with Ron Yeo, FAIA, Architect, increasing his compensation by $64,000 and authorize the Mayor and City Clerk to execute the Amendment; 3. Approve Amendment No. 4 to the Professional Services Agreement with Gail P. Pickart, P.E., increasing his compensation by $34,520 and authorize the Mayor and City Clerk to execute the Amendment; Back Bay Science Center January 23, 2007 Page 2 4. Authorize the City Manager to enter into a contract with the State of California or its Department of Fish and Game to accept $800,000 for the design, construction, construction management, and contingency for the Back Bay Science Center's Administration Wing, provided that the contract fully .compensates the City and its contractors for design and construction management; 5. Authorize the City Manager or his designee to execute or amend any construction trades and consultants' contracts reflecting the Administration Wing Project, provided that costs do not exceed $800,000 in total costs (contingency, trades, consultants) for the Wing; 6. Authorize the City Manager or his designee to execute or amend any construction trades or management contract requested by the County of Orange for change orders to the Water Quality Lab Wing, provided that such change orders are approved by the County Board of Supervisors, fully funded by the County and contain a 15% management fee to compensate the City and its contractors; 7. Direct the City Manager to seek reimbursement by the BBSC partners for their share of osprey delay costs and additional design or construction management costs, where such costs are not covered in change orders or new contracts; and 8. Approve a Budget Amendment that does the following • Appropriates $1,082,358 from the unappropriated Tide and Submerged Lands Fund or General Fund Reserves to Account No. 7457- CO310600 (BBSC). $800,000 of these funds shall only be appropriated if the City reaches an agreement with the State or DF &G to accomplish the Admin Wing; • Creates contribution obligations back to the Tide and Submerged Lands Fund or General Fund of: -- $800,000 from the State of California or its Department of Fish and Game for the BBSC Administration Wing (and related costs); - up to $159,213 from the County of Orange for change orders, osprey delay share, and management fee; and — at least $88,707 from the BBSC's contingency account. BACKGROUND: The Back Bay Science Center (BBSC) on Shellmaker Island in the Upper Newport Bay Ecological Reserve is a multi - partnered project that is now under construction. It is, set to open in June 2007. The planning and funding partners include: • The California Department of Fish and Game (DFG); • The County of Orange Health Care Agency (County); • The University of California at Irvine (UCI); • The City of Newport Beach (City); • The California Coastal Commission (CCC); • The State Coastal Conservancy (SCC); • The Irvine Company; • The Miocean Foundation and Pacific Life; and • The Newport Bay Naturalists & Friends (NBNF). 2 Back Bay Science Center January 23, 2007 Page 3 The Project consists of three buildings architecturally joined together with sloping roof extensions forming a single peak (Photo of model attached as Exhibit A). This new facility will replace the scattered buildings and modular units currently occupying the degraded former industrial site. It will serve Newport Beach and nearby communities as a center for water quality education and testing. It will emphasize the environmental impact of humans' living in a watershed area that drains into a major southern California marine estuary (Newport Bay). Shellmaker Island has been owned by the State of California since 1975, and is managed by the Department of Fish and Game. The UCI crew base has existed. on the property since the late 1960s and is currently covered by a lease with CDFG. UCI is planning to replace its existing building with a new facility large enough to accommodate its men's and women's crew teams. The proposed parking area and utilities for the BBSC are designed to serve both facilities and costs are to be shared. The total floor area of the proposed BBSC is slightly less than 13,000 square feet. The largest of the three buildings is L- shaped with the longer leg serving as the County's permanent Water Quality Laboratory and the shorter leg providing for storage of CDFG equipment, materials, and vehicles. Public restrooms will be located at the angle point of the two legs. The other two buildings are each approximately equal in size (3,400 square feet). One will be used as an educational and teaching laboratory ( "Teaching Lab Wing ") and the other will have administrative offices and a conference room available to the general community ( "Admin Wing "). In February 2006, when the Project went to the City Council for approval, the State did not have its share of costs for the Admin Wing. Therefore, construction of the Admin Wing was deferred until additional funding (estimated at $800,000) was available. Contract Award. On February 28, 2006, the City Council awarded 12 trade contracts to construct the BBSC. The Council also approved a Construction Management at Risk (CMAR) Agreement with Douglas E. Barnhart, Inc. ( "DEB "). On August 22, 2006, the City Council subsequently awarded three additional trade contracts under the "Multiple Prime" project delivery system being utilized for the construction of the BBSC project. In mid -March 2006, construction activity began for the project. DEB's initial work consisted of moving existing Department of Fish and Game (DF &G) modular units to a location outside the construction area, rerouting the associated utility services, moving a construction trailer onsite, providing temporary utility services, and installing perimeter fencing around the construction site. The Osprey "Problem." In April 2006, a pair of adult osprey appeared onsite and began preparing a nest atop a power pole that had been erected several years ago just for that purpose, but had not previously attracted nesting activity. Construction work continued and, by late April, dirt was being imported in preparation for the start of site grading. At that point, DF &G representatives concluded from the birds' behavior that there were eggs in the nest and that continued construction activity might disturb the adults causing them to abandon the nest. A formal letter directing the cessation of construction activity on the site was issued by DF &G on May 9, 2006. Back Bay Science Center January 23, 2007 Page 4 There was considerable media coverage of the osprey nesting because it was apparently the first time in Orange County that the complete reproduction cycle (nesting, egg incubation, and fledgling development) was observed. By early July 2006, two chicks had matured to the point that they were ready to fly away from the nest and feed on their own. Accordingly, July 17, 2006 was the rescheduled construction start date. This delay had a significant cost impact to the project which is described later. NEW INFORMATION: As a result of the Osprey Delay and other cost - related issues, this staff report. requests the Council's approval of contract amendments and a budget amendment. The following attempts to explain and summarize these issues and changes. A. Time Costs (Increased Duration & Time Demands of the Project— Not Just the Ospreys). The osprey nesting period added about four months to the Project. In addition to that, two of the City's consultants (on "time and materials" contracts) found that more of their time was spent on the Project than they had initially anticipated. This chart attempts to show the relationship of the longer duration of the Project (due to the Osprey Delay) AND the costs both incurred and anticipated because the two "time and materials" consultants are spending more time on the Project then they anticipated: Chart 1 Of the BBSC's increased management costs, which are attributable to the ospreys? Increased Costs Relating to Time General Conditions, DEB ($34,7751mo) $ 382.525 $ 515,612 - $ 733,087 Ron Yeo (went from $4K/mo to $8,250/mo) $ 36,000 $ 100,000 $ 64,000 Gail Pickart (varied from $1,250 to $5,460/mo) $ 36,000 $ 70,520 $ 34,520 Total Increased Time Demands $ 454.525 $ 686,132 Costs Incurred During Osprey Delay General Conditions, DEB ($24.578/mo) $ - $ 98,314 $ 98.314 Construction Management, Gail Pickart $ - $ .5,000 $ 5,000 $ 103,314 As readers can see, about $231,607 more is needed for project management and design, and about $103,314 of that (about 45 %) is directly attributable to the ospreys. The explanation for the remaining increased Time Costs follows later in this Section A of the staff report, along with a proposed Repayment Plan to recoup a portion of the increased Time Costs. Time Costs, Part 1 (Osprey). As the ospreys nested, significant costs continued to incur. These costs include about four months' worth of General Conditions (GCs) for DEB plus some hourly costs for our construction manager (Gail Pickart). Architect Ron Yeo did incur some costs during this period; but those costs (including County change orders) would have been incurred with or without the ospreys, and are addressed later in the staff report. 1. General Conditions (GCs) for DEB. Barnhart's contract for services as the project Construction Manager at Risk (CMAR) provides for compensation based on (1) reimbursement of costs categorized as General Conditions ($34,775 /month for 11 u Back Bay Science Center January 23, 2007 Page 5 months or $382,525), and (2) a fee of 4.5% of the construction costs (the total amount of the trade contracts awarded). General Conditions include, but are not limited to: • A Project Manager (full -time) • A Project Supervisor (full -time) • Clerical Assistant (part -time) • Perimeter fencing (monthly) • Construction Trailer Rental (monthly) • Telephone, Electrical, and Computer Services for the Trailer (monthly) • Trash Dumpster (monthly rental) • Portable Toilets (monthly) Even as construction stalled in mid -March 2006, DEB had already hired the Project Manager and the Project Supervisor. They were able to delay the hiring of the Clerical Assistant. They had put up the fence, installed and equipped the trailer, hooked up electrical and communications, and installed the dumpster and toilets. The two full -time positions were kept busy with project meetings, managing the 13 existing trade contracts (to ensure that the trade contracts would come back later in July with no price penalty), securing the three August trade contracts, and supervising the admittedly quiet construction site. In a letter dated August 10, 2006, Barnhart explained their analyses of the actual General Conditions costs incurred during the delay period. General Conditions for those months totaled $98,314 for the period ($24,578 /month, down from $34,775 /month) and they have requested approval to increase their contract compensation by that amount. The GC monthly rate of $34,775 now applies from mid -July 2006 to mid -June 2007, which is the construction schedule currently being implemented. 2. Construction Management Costs. Construction Manager Gail Pickart ($105 /hour) incurred fewer costs than he expected during these four months. Instead of an estimated $4000 /month obligation, he incurred costs of roughly $1,250 /month (total $5,000). Pickart attended the project meetings and assisted the City and Yeo in building and budget issues. Chart 2 Costs Incurred During the Osprey Delay Costs Incurred During Osprey Delay General Conditions, DEB ($24,5761mo) $ - $ 98,314 $ 98,314 Construction Management, Gail Pickart $ - $ 5.000 $ 51000 $ 103,314 Time Costs, Part 2 (increased Construction Support and Construction Management Demands). Notwithstanding the ospreys, both Yeo and Pickart assert that the time involved in managing (Pickart) and providing construction support (Yeo) for this Project has exceeded what they estimated would be needed when they first provided us with estimates. The duration of the Project AND the time per month are longer and higher than anticipated. Again, both Yeo and Pickart bill on time and materials bases. DEB has not incurred costs relating to increased design or management demands. A summary of Yeo's and Pickart's situation follows: Back Bay Science Center January 23, 2007 Page 6 Ron Yeo's Costs. Ron Yeo has requested additional compensation because this Project has taken more of his time and his subconsultants' time — the subconsultants (mechanical /electrical, structural engineer, etc) bill Yeo and Yeo includes this in his roughly $150/hour cost. Some of these costs have already been incurred by Yeo, and some are anticipated to occur given the time demands of the Project. If Yeo does not incur these costs in the months to come, he won't bill for them. The City receives detailed billings from Yeo that explain his hours worked. Yeo describes these costs as follows: (1) design additions and changes in the Water Quality Lab and Teaching Lab as requested by the users (covered in part by a 15% management fee to be paid by the County); (2) a significant increase in the amount of time spent from the Project's start in construction support (estimated now at $6,250 per month compared to the initial budget estimate of $4,000 per month); and (3) anticipated costs relating to the construction support of the Admin Wing (reimbursable). According to Yeo: :..There are two key items that relate to not having enough funds to cover the bid and construction administration phase for us. MULTIPLE BIDS & CMAR • The project was bid several times, requiring unanticipated time demands. • At one point in time, we went down a different track for the structure (requested by the Partners) to examine metal building bids. • Revisions to the bid package necessary for CMAR bids. Interviewing and evaluating CMAR firms. • Value engineering and revising drawings in attempting to bring down the construction cost. • Re- formatting the bid package for bidding several portions of the project that were not acceptable during the bid process. • Where once we assumed being on the Project site once every two weeks, we are finding that we need to be on site 3-4 times a week. EXTENSION OF TIME • Our A &E agreement with the City for the bid and construction administration phase was an hourly fee based upon an anticipated 9 -month duration. The bid and construction process is now anticipated to take 16 months. Yeo bills on a time and materials basis. If time demands are less in the months to come, Yeo's bills will reflect that. With this staff report, we are requesting that Yeo's contract be authorized for another $64,000 beyond what it is authorized today (with the change, the Yeo contract would assume a 16 -month Project at $6,250 per month). 2. Gail Pickart's Costs. As the consulting project manager on behalf of the Public Works Department, Gail Pickart has experienced that significantly more time has been and is being required during the project construction phase. The same reasons described for Ron Yeo's increased cost are applicable to the project manager. For example, 8 -10 hours per week was budgeted for Gail Pickart's project management services during the project construction phase and he is now finding that 12 -14 hours per week is required. With this staff report, we are requesting that Pickart's contract be authorized for another $34,520 beyond what it is authorized today (with the change, the Pickart contract would assume a 16 -month Project at $5,460 per month less 4 months of osprey delay time when Pickart billed at roughly $1,250 per month). Back Bay Science Center January 23. 2007 Page 7 Summary of Time Costs. To close Section A of the Staff Report, the below chart shows the budget changes we are requesting. Readers should note that the dollar figures on the chart below are INCLUSIVE of the $103,314 osprey delay costs. A Repayment Plan is shown in later in the Staff Report. Chart 3 Increased Costs Relating to Time Increased Costs Relating to Time Estimated (9 or 11 mos) AcluallAnticip. 06 MOS) Difference General Conditions, DEB ($34.775/mo) $ 382,525 $ 515,612 $ 133,087 Ron Yeo (went from $4K/m0 to $6,250 /mo) $ 36,000 $ 100,000 $ 64,000 Gail Pickart (varied from $1,250 to $5,460/mo) $ 36,000 $ 70,520 $ 34,520 Total increased Time Demands $ - 454,525 $ 686,132 B. Trade Contracts Let In August 2006 — DEB Fee. Thirteen of 16 trade contracts were let in February 2006, along with DEB's contract. Three additional trade contracts, the amounts of which were unknown in February, were let in August 2006. As such, DEB's contract (set at 4.5 %) must be increased by $12,000 to accommodate the three trade contracts totaling $266,676 awarded by the City Council on August 22, 2006. C. County of Orange Requested Change Orders. As construction has progressed, the County of Oranges Health Care Agency has requested or will request $124,775 in change orders for the Water Quality Lab. This amount includes a 15% management fee (equaling $16,275) to cover additional costs borne by the City's contractors (primarily Ron Yeo's design work, but 4.5% will go to DEB per the trade contracts). Chart 4 County of Orange Change Orders Vac systems, electrical, fume hood $ - $ 63,500 $ 63,500 New flooring $ - $ 45,000 $ 45,000 Design /management Fee (15 %) $ - $ 16,275 $ 16,275 $ 124,775 $ 124,775 D. Department of Fish and Game and the Admin Wing. In late December 2006, Fish and Game informed us that the State had set -aside $800,000 in one -time appropriations to help complete the Admin Wing. The Admin, Wing today is a poured slab with in- ground utilities and rebar set. To take advantage of economies of scale, DFG would like the City to add the construction of the Admin Wing to the current Project. Doing so would still allow most of the BBSC to open in mid -June, with the Admin Wing is complete about three months later (September 2007). DEB did an initial survey of its current trade contractors, most of whom bid on the Admin Wing as an Alternate Bid Item, and they came up with a budget of slightly less than $800,000 to complete most of the core - and -shell of the Wing. Wall and ceiling finishes, plumbing and lighting fixtures, and interior dividing walls would not be covered by the $800K. Completing "as much as we can" with a not -to- exceed amount of $800,000 is acceptable to DFG. Back Bay Science Center January 23. 2007 Page 8 Chart 5 Administration Wrng Estimated Costs Addition of Administration Wing -. Trades $ 547,078 $ (547,078) General Conditions (DES) $ 100,000 $ (100,000) Construction Fee (4.5% to DEB) $ 24,619 $ (24,619) City Consultants (Yeo and Pickart) $ 50,000 $ (50,000) Contingency (10 %) $ 72,170 $ (72,170) $ 793.866 $ (793,866) Environmental Review: A Mitigated Negative Declaration was prepared and processed to assess the environmental impact associated with constructing the Back Bay Science Center. Identified mitigation measures have been included in the project design. The California Department of Fish and Game was the lead agency for the environmental review and the documentation was completed in September 2003. Project Status: Construction of the Back Bay Science Center project is approximately 55% complete. We expect completion by mid -June 2007 as planned. Funding Availability: This Project's change orders and additional consultant's time demands may be funded in the manner shown on the below chart. The City Manager's office will work to secure the two major partners' contributions/payments as this Project goes forward. Some of these commitments are not made yet — but we will strongly encourage the commitments and notify the Council when they are secured. The consultants have incurred some of these costs already. Some that are not incurred at this time may not ever be incurred, because they are time and materials contracts with specific billings. We believe that we need to appropriately budget for an estimated monthly rate based on past history and make billed payments to keep good relationships throughout this ongoing project. The City, as project manager, will need to take the good faith lead to pay the consultants for these changes without delay. Chart 6 Proposed Repayment Plan tor $231,607 Repayment Plan City Contribution $ 34,438 DFG Contribution ($34,438 +$116,900) $ 151,338 Co of Orange Contribution (1/3 Osprey Delay) $ 34,438 Co of Orange Change Orders (15% less DEB fee) $ 11,393 Subtotal 0 Back Bay Science Center January 23, 2007 Page 9 Upon approval of the recommended Budget Amendments, sufficient funds will available in the following account for the project: Account Description Account Number Amount BBSC 7457- CO31O6OO $1,082,358.00 Total: $1,082,358.00 Proposed uses and fund sources are as follows: Chart 7 Sources and Uses of Funds, with Notes Muglas E. Barnhardt (Construction Management - GCs) Muglas E. Barnhardt (4.5% Fee based on larger Scope) ion Yeo, Architect (Construction S upporQ Sall Pickart (Project Management) trade Contracts (Admi n Wing) 0% Contingency (Admin ling) :ounty of Orange Change Orders (WO Lab Wing) $ 198,314 4 mos,Q 24578+ 100,000 for Adm in Wing It 41,501 For Admin. Co Changes and $12K for 3 August Trades $ 64,000 Going from $4K/mo to $6,250hro $ 34,520 $50K for osprey delay plus goes to $5,46O4n o $ 547,078 8 bids — estimated mldJan 2007 It 72,170 Eased on$721,697 cost $ 124,775 Includes 15 %managementlee $ 1,082,358 B of California (Admin Wing) $ 800,000 From 510 miflion avail to DFG statewide. qty of Orange (Change Orders) $ 124,775 qty of Orange (Osprey Delay Contribution — Pending) $ 34,438 Co share of osprey delay on (55 %) of City Share of Cume rd Projeas Contingency $ 88,707 Tidelands Fund- Unappropriated Reserves $ 34,438 City share of osprey delay $ 1,062,358 Project Surplus (Deficit) $ Note that if the City is unable to reach an agreement with the State to complete the Admin Wing, we will not incur the Admin Wing's related costs. We respectfully urge your support of this Agenda Item. Submitted by: rl Dave Kiff Assistant City Manager Attachment: Budget Amendment Stephen G. Badum Public Works Director q City of Newport Beach NO. BA- 07BA -040 BUDGET AMENDMENT 2006 -07 AMOUNT: $993,651.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to cover costs associated with additional time demands on the architect and the construction manager and the four month delay to the project due to ospreys. To authorize construction of the Administration Wing and seek shared funding; if funding is not obtained, Tidelands /General Fund will cover incurred costs. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund/Division Account 9457 6000 457 4858 457 4879 EXPENDITURE APPROPRIATIONS (3603) Description Tide & Submerged Land - Fund Balance Description ND Marine Science Center - Transfers In Marine Science Ctr - Govt Refunds/Rebate Marine Science Ctr - Dept of Fish & Game Signed: (�// L Financial Approval: Administrative Services Director Signed Signed: Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $34,438.00 ' $34,438.00 $159,213.00 $800,000.00 Automatic $34,438.00 $993,651.00 Date Date Date Description Division Number 9230 ND Tide & Submerged Land Account Number 9900 Transfers Out Division Number .7457 Marine Science Center Account Number C0310600 Marine Education Facility Division Number Account Number Division Number Account Number Division Number Account Number Signed: (�// L Financial Approval: Administrative Services Director Signed Signed: Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $34,438.00 ' $34,438.00 $159,213.00 $800,000.00 Automatic $34,438.00 $993,651.00 Date Date Date