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HomeMy WebLinkAbout09 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 - 644 -3311 sbadum@city.newport-beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER — APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC. RECOMMENDATION: Approve Amendment No. 3 to Professional Services Agreement with Bagahi Engineering, Inc., for geotechnical observation and testing in support of the Back Bay Science Center construction for an amount not to exceed $66,260 to be funded from Account No. 7251 - 00310600, and authorize the Mayor and City Clerk to execute the Amendment. BACKGROUND: Bagahi Engineering, Inc., ( Bagahi) was chosen to be the geotechnical engineer of record for the Back Bay Science Center Project in the Fall of 2003. The initial professional services agreement (PSA), dated October 15, 2003, established a not -to- exceed compensation of $6,615 to cover Bagahi's services to review previous geotechnical reports prepared by the firm of Leighton and Associates, and to prepare an addendum report with recommendations for a reinforced concrete mat foundation as part of the project building design. The initial scope of services also included consultation and meeting attendance during the project design with the architect, Ron Yeo, the structural engineer, ABS Consulting, and the civil engineer, Walden & Associates. During the design phase, permeable pavement was considered for the parking area surfacing. The objective was to handle surface runoff by having it permeate through the pavement and be absorbed by the underlying soil materials. Percolation tests of the underlying soils were needed to determine if this method of treating storm water runoff would be feasible. Amendment No. 1 to the PSA with Bagahi was processed to cover the percolation field testing and associated report preparation. Amendment No. 1 established a not -to- exceed compensation amount of $5,800 for the percolation testing. As an aside, Back Bay Science Center — Approval of Amendment No. 3 to Professional Services Agreement with Bagahi Engineering, Inc. April 25, 2006 Page 2 the underlying parking area soils were found to be incompatible for percolation and an alternate method for handling parking area surface runoff has been designed. The services of Bagahi were also needed for consultation and support during preparation of the "multi -prime bid packages," for which the City Council awarded 12 construction contracts on February 28, 2006. Amendment No. 2 to the PSA with Bagahi was processed for a not -to- exceed compensation amount of $3,000 for these additional support services. The total compensation authorized for Bagahi under the initial PSA and Amendment 1 and Amendment 2 totals $15,415 ($6,615 + $5,800 + $3,000). Since this amount was less than $30,000, the PSA and subsequent Amendments were approved by the Public Works Director. Now that construction contracts for the Back Bay Science Center have been awarded and a schedule for the various phases of construction has been prepared, a proposal was requested from Bagahi to provide geotechnical observation, testing, and report preparation services in support of the project construction. In a proposal letter dated March 15, 2006, Bagahi outlined the construction activities for which their support services are normally required and provided corresponding times and hourly rates for each support service. The proposed total estimate for Bagahi support services is $66,260. The February 28, 2006 staff report included a section regarding supporting professional services during construction. An amount of $20,000 was estimated for geotechnical observation and testing. That estimate was established without benefit of a detailed schedule for the entire project. It now appears that the geotechnical support costs were significantly underestimated and the amount of $66,260 is more realistic. Therefore, staff recommends approval of Amendment No. 3 to the PSA with Bagahi for a not -to- exceed amount of $66,620 for geotechnical services to support construction of the Back Bay Science Center. Approval of Amendment No. 3 will result in a total compensation amount of $82,035 authorized for Bagahi services related to the Back Bay Science Center. Environmental Review: A mitigated Negative Declaration was prepared to assess the environmental impact in constructing the Back Bay Science Center. The California Department of Fish and Game was the lead agency for the environmental review and the process was completed in September 2003. Public Notice: Not applicable Back Bay Science Center — Approval of Amendment No. 3 to Professional Services Agreement with Bagahi Engineering, Inc. April 25, 2006 Page 3 Funding Availability: As a consequence of City Council actions on February 28, 2006, funds are available in Account No. C0310600 to cover the cost of $66,620 needed for Amendment No. 3 to the PSA for Bagahi. To accommodate the increase from the $20,000 originally budgeted for geotechnical services to $66,620, staff recommends reducing the original amount of $245,000 established for unforeseen work by $46,620 and changing the amount for unforeseen work to a balance of $198,380. P epared by: Gall Pickart Consulting Project Manager Attachment: Amendment No. 3 Submitted b Steph h-G. Badum Public Works Director AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC., FOR GETOECHNICAL ENGINEERING SERVICES FOR THE BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and BAGAHI ENGINEERING, INC., whose address is 18017 Skypark Circle, Suite J, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On October 15, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Geotechnical Engineering Services services for the Back Bay Science Center, hereinafter referred to as 'Project'. This Agreement was scheduled to expire on December 31, 2004. The total compensation payable to Consultant under the Agreement was not to exceed Six Thousand Six Hundred Fifteen Dollars ($6,615.00). B. City and Consultant have entered into Amendment No. 1 to the Agreement on or about November 1, 2003. The total compensation payable to Consultant under Amendment No. 1 was not to exceed Five Thousand Eight Hundred Dollars ($5,800.00). C. City and Consultant have entered into Amendment No. 2 to the Agreement on or about January 5, 2006. The total compensation payable to Consultant under Amendment No. 2 to reflect additional services not included in Agreement or prior Amendment and to extend the term of the Agreement to June 30, 2007, was not to exceed Three Thousand Dollars ($3,000.00). D. City desires to enter into this Amendment No. 3 to further amend the agreement to reflect additional services not included in the Agreement or prior Amendments. E. City desires to compensate Consultant for additional professional services in support of Project construction activities. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform services pursuant to this Amendment No. 3 according to "Exhibit A" dated March 15, 2006, attached hereto and incorporated in full by this reference. 2. City shall pay Consultant for all services to be performed pursuant to this Amendment No. 3 on a time and expense basis in accordance with the schedule of fees included as part of "Exhibit A." The total compensation authorized by this Amendment No. 3, including reimbursable items and subconsultant fees, shall not exceed Sixty -Six Thousand, Two Hundred Sixty Dollars ($66,260.00). The total compensation to Consultant for all services performed pursuant to the Agreement and Amendment Nos. 1 2, and 3, shall not exceed Eighty -Two Thousand, Thirty -Five Dollars ($82,035.00). 3. 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. 3 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation In Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users \pbMshared \agreements \fy 05- 06\bagahi -back bay science center -amend 2.doc R3 Exhibit A BAGAHI ENGINEERING INC. GEOTECHNICS & FOUNDATIONS 18017 SKY PARK CIRCLE DRIVE, SUITE I IRVINE, CA 92614 TEL (949) 252 -8292 • FAX (949) 252 -8293 March 15, 2006 MR. GAIL PICKART Project No.: 131 h- 200 -00 3810 East Coast Highway, Suite 4 Corona Del Mar, CA 92625 SUBJECT: GEOTECHNICAL SERVICES DURING CONSTRUCTION Back Bay Science Centcr Shelhnaker Island Development Newport Beach, California Dear Mr. Pickart: In accordance with your request, we have prepared this estimate of geotechnical services required during construction at the subject site. Our estimate is based on our meeting at the offices of Douglas E Barnhart with the representatives of Southern California Grading and the estimated duration of various earthworks as outlined in the base bid date 9- 27 -05. Our observation and testing services during rough grading phase includes: soils and geologic staff services during site grading, attendant laboratory work, supervision and a rough grade compaction report including expansion soil breakdown. Our observations and testing services following rough grading includes: observation of bottom of footing excavations, utility trench backfill testing in streets and building laterals, pavement subgrade and base testing. "R" values for pavement sections, and for driveways. We have prepared a budgetary estimate for various tasks based on the bid schedule as shown in Table 1. The total estimated fee for our services as outlined herein is $66260.00. All charges will be based on our hourly rates for engineering, sampling and for laboratory testing. All invoicing would be in accordance with our Schedule of Fees and would reflect actual costs incurred. Mr. Gail Pickart Project: Back Bay Science Center Project No.: 13 1 h-200-00 Tablet. Budgetary Estimate Activity Duration( Bid date Estimate of Geotechnical 9 -27 -05) Services Page 2 Rate per Total hour Estimate Grading and 40 days - Technician 35 eight hour $74 $20,720 Overexcavation days or 280 hours - Engineer 6 trips, 2 hours $170 $2,040 each or 12 hours - Lab Testing (Lump Sum) $1,000 $1,000 Utility Trench Backfills 46 days - Technician 25 eight hour $74 $14,800 days or 200 hours Parking lot, driveways 45 days - Technician 40 eight hour $74 $23,680 and hardscape days or 320 hours - Engineer 6 hours $170 $1,020 - Lab Testing $500 $500 Rough Grade Report Lump Sum $2,500 $2,500 Total Estimate $66,260 Any change in plans could dictate additional work. Review of plan changes and/or other project requirements would be charged as additional cost in accordance with our Schedule of Fees. If a modification in the scope of work is recommended, a contract change order will be prepared for your approval. This proposal and the attached schedule of fees represent the contract between you, the Client, and Bagahi Engineering Inc., the Consultant. If the contract meets your approval, please indicate your acceptance by signing and returning one copy of the executed contract. The opportunity to be of service is appreciated. If you have any questions, please do not hesitate to call us. Very truly yours, BAGAHI ENGINEERING INC. Ken H. Bagahi, PhD, E. 8 Principal KHB \pv pcl3ld- 131h.doc Bagahi Engineering Inc AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC., FOR GETOECHNICAL ENGINEERING SERVICES FOR THE BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and BAGAHI ENGINEERING, INC., a California corporation, address is 18017 Skypark Circle, Suite J, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On October 15, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Geotechnical Engineering Services services for the Back Bay Science Center, hereinafter referred to as "Project'. This Agreement was scheduled to expire on December 31, 2004. The total compensation payable to Consultant under the Agreement was not to exceed Six Thousand Six Hundred Fifteen Dollars ($6,615.00). B. City and Consultant have entered into Amendment No. 1 to the Agreement on or about November 1, 2003. The total compensation payable to Consultant under Amendment No. 1 was not to exceed Five Thousand Eight Hundred Dollars ($5,800.00). C. City and Consultant have entered into Amendment No. 2 to the Agreement on or about January 5, 2006. The total compensation payable to Consultant under Amendment No. 2 to reflect additional services not included in Agreement or prior Amendment and to extend the term of the Agreement to June 30, 2007, was not to exceed Three Thousand Dollars ($3,000.00). D. City desires to enter into this Amendment No. 3 to further amend the agreement to reflect additional services not included in the Agreement or prior Amendments. E. City desires to compensate Consultant for additional professional services in support of Project construction activities. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform services pursuant to this Amendment No. 3 according to "Exhibit A" dated March 15, 2006, attached hereto and incorporated in full by this reference. 2. City shall pay Consultant for all services to be performed pursuant to this Amendment No. 3 on a time and expense basis in accordance with the schedule of fees included as part of "Exhibit A." The total compensation authorized by this Amendment No. 3, including reimbursable items and subconsultant fees, shall not exceed Sixty -Six Thousand, Two Hundred Sixty Dollars ($66,260.00). The total compensation to Consultant for all services performed pursuant to the Agreement and Amendment Nos. 1 2, and 3, shall not exceed Eighty -Two Thousand, Thirty -Five Dollars ($82,035.00). 3. 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. 3 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f: luserslpbwlshared�agreemenlslfy 05- 061bagahi -back bay science center -amend 2.doc R3 - Exhibit A BAGAHI ENGINEERING INC. GEOTECHNICS & FOUNDATIONS 18017 SKY PARK CIRCLE DRIVE, SUITE J IRVINE, CA 92614 TEL (949) 252 -8292 • FAX (949) 252 -8293 March 15, 2006 MR. GAIL PICKART Project No.: 131 h- 200 -00 3810 East Coast Highway, Suite 4 Corona Del Mar, CA 92625 SUBJECT: GEOTECHNICAL SERVICES DURING CONSTRUCTION Back Bay Sciencc Centcr Shellmaker Island Development Newport Beach, California Dear Mr. Pickart: In accordance with your request, we have prepared this estimate of geotechnical services required during construction at the subject site. Our estimate is based on our meeting at the offices of Douglas E Barnhart with the representatives of Southern California Grading and the estimated duration of various earthworks as outlined in the base bid date 9- 27 -05. Our observation and testing services during rough grading phase includes: soils and geologic staff services during site grading, attendant laboratory work, supervision and a rough grade compaction report including expansion soil breakdown. Our observations and testing services following rough grading includes: observation of bottom of footing excavations, utility trench backfill testing in streets and building laterals, pavement subgradc and base testing, "R" values for pavement sections, and for driveways. 'Ale have prepared a budgetary estimate for various tasks based on the bid schedule as shown in Table 1. The total estimated fee for our services as outlined herein is $66260.00. All charges will be based on our hourly rates for engineering, sampling and for laboratory testing. All invoicing would be in accordance with our Schedule of Fees and would reflect actual costs incurred. Mr. Gail Pickart Project: Back Bay Science Center Page 2 Project No.: 13 1 h-200-00 Tablet. Budgetary Estimate Activity Duration( Bid date Estimate of Geotechnical Rate per Total 9 -27 -05) Services hour Estimate Grading and 40 days - Technician 35 eight hour $74 $20,720 Overexcavation days or 280 hours - Engineer 6 trips, 2 hours $170 $2,040 each or 12 hours - Lab Testing (Lump Sum) $1,000 $1,000 Utility Trench Backfills 46 days - Technician 25 eight hour $74 $14,800 days or 200 hours Parking lot, driveways 45 days - Technician 40 eight hour $74 $23,680 and hardscape days or 320 hours - Engineer 6 hours $170 $1,020 - Lab Testing $500 $500 Rough Grade Report Lump Sum $2,500 $2,500 Total Estimate $66,260 Any change in plans could dictate additional work. Review of plan changes and/or other project requirements would be charged as additional cost in accordance with our Schedule of Fees. If a modification in the scope of work is recommended, a contract change order will be prepared for your approval. This proposal and the attached schedule of fees represent the contract between you, the Client, and Bagahi Engineering Inc., the Consultant. If the contract meets your approval, please indicate your acceptance by signing and returning one copy of the executed contract. The opportunity to be of service is appreciated. If you have any questions, please do not hesitate to call us. Very truly yours, BAGAHI ENGINEERING INC. Ken IL Bagahi Principal KBB \pv pcl31d -131 Moe Engineering Inc