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HomeMy WebLinkAbout22 - Newport Beach Civic Center Project - Bohlin Cywinski JacksonCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum@newportbeachca.gov 949 - 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES — CONSTRUCTION DOCUMENTS AND SUPPORT RECOMMENDATIONS: 1) Approve the 100% Design Development phase plans. 2) Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for the architectural design services including Construction Document preparation at a not to exceed price of $4,949,214 and authorize the Mayor and City Clerk to execute the Agreement. 3) Approve Budget Amendment No. BA10 -_ appropriating $949,214 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410 - C1002009. DISCUSSION: On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the architect for the Newport Beach Civic Center Project. Since that selection, BCJ has successfully completed the Conceptual . Design, Schematic Design, and Design Development phases of the Civic Center project. The 100% Design Development Plans are now complete to the satisfaction of the City Council Building Committee and City staff. The next step in the design process is the preparation of construction documents which will include plans and specifications for the various bid packages to construct the Civic Center project. In general, the work scope includes preparing construction plans and. specifications based upon the City Council approved 100% Design Development plans and providing construction support during the grading operations. The work scope will also include the preparation of construction plans and documents for bidding purposes and the continued incorporation of project refinements and value engineering as proposed by the City Council Building Committee and City Hall design team. Newport Beach Civic Center Project —Approval of Professional Services Agreement with Bohlin Cywinski Jackson for Architectural Design Services — Construction Documents and Support April 27, 2010 Page 2 The project schedule anticipates the continuation of weekly coordination meetings with staff and periodic meetings with the City Council Building Committee. A more detailed work scope and tentative schedule is included in Exhibit B within the attached Professional Services Agreement (PSA). The proposed fee for the Construction Document and Construction Support services including listed subconsultants and anticipated reimbursable expenditures is at a total 'not to exceed' cost of $4,949,214. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit C of the attached PSA, which are the same as the billing rates in the current contract. Project Schedule & Phase Work Plan: This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4/14/09 Schematic Design Phase: 4/15/09 — 9/14/09 Design Development Phase: 9/15/09 — 3/18/10 Bidding Package 1 — Mass Excavation 100% Construction Documents: 1/29/10 Bidding Package 1 — Mass Excavation Bid Set 3/17/10 Upcoming: Package 1 —Construction 4/28/10 — 9/30/10 Bidding Package 2 - CD Phase: 3/19/10 — 11/04/10 Bid Package 2 - Final City Review Comments: 9/02/10 — 9/30/10 DB Garage Package - CD Phase 6/1/10 — 9/15/10 DB Garage Package — Construction 10/18/10 — 10/17/11 Bid Package 2 — Balance of Docs 11/08/10 Package 2 - Construction 01/01/11 — 10/31/12 Environmental Review: Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Newport Beach Civic Center Project — Approval of Professional Services Agreement with Bohlin Cywinski Jackson. for Architectural Design Services — Construction Documents and Support April 27, 2010 Page 3 Funding Availability: CIVIC CENTER DESIGN COSTS TO DATE WITH BCJ Design Competition $50,000 Pre-Design Phase: Refining Conceptual Design $647,675 Schematic Design and Design Development $4,945,426 Construction Documents $4,849,214 Design Subtotal = $10,492,315 % of estimated construction value = 10% Construction Support for Grading $100,000 Total $10,592,315 With this final phase, the City will have encumbered approximately $10.5 million in design and construction support costs with BCJ. The total encumbered for the design of the project will be $10,492,315 or 10% of the estimated value of construction. The 10% of construction cost value is consistent with industry standards for projects of this magnitude and high levels of public involvement. There is approximately $4,000,000 available in the current budget for this purpose. With the approval of the recommended Budget Amendment in the amount of $949,214, sufficient funds are available in the following account: Account Description Account Number Amount Newport Beach Civic Center 7410- C1002009 $ 4,949,214 Submitted by: Attachments: PSA with BCJ, including work scope, schedule and fee exhibits Budget Amendment 'Based upon Early Schematic const. estimate, $105 million PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California, 94108 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to have design and construction documents developed for a new City Hall and Park to be located at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Hall Building and Park with the existing library facility (`Project'). C. Both City and Consultant recognize that the Project is complex and will need to be completed in phases so that the City Council, committee members and the public will have input regarding the design and eventual construction of the Project. At this time, City desires to engage Consultant to provide professional services for the second phase of the Project, which consists of architectural and consultant services for the construction document phase of the Project. Both the City and Consultant recognize that this Agreement will need to be amended for additional phases of the Project which includes, but is not limited to, the preparation of schematic design, design development, a biddable set of construction documents, and support during the bidding and construction phases of the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Gregory R. Mottola, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) . calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Nine Hundred Forty -Nine Thousand, Two Hundred Fourteen Dollars and no /100 ($4,949,214.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated STEVEN D. CHAITOW to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. V Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office and Public Works Department. DAVID A. KIFF and /or STEPHEN G. BADUM shall be the Project Administrators and shall have the authority to act for City under this Agreement. The Project Administrators shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its 2 profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 D. Coverage Requirements. i, Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. H. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. M 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify 0 Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be 10 deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 11 Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Stephen D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415 - 989 -2100 Fax: 415 - 989 -2101 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 12 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35, SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OTFXE OF r E CITY ATTORNEY: eo ie Mulvihill, Assistant City Attorney ATTEST: 2 Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M Keith D. Curry, Mayor BOHLIN CYWINSKI JACKSON: By: Gregory R. Mottola, Vice President W. Dan Haden, III., Vice President/Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 RJ57vis m f Aw9oSAL %/'4 ohiin Cywinski Jackson Peter Q. Bohiin. F.AiA BFfnard,l. f:yi5tinskl. F'AIA Jo: C. Jackson, FAA VV. Danz Ha—en M. A A Frank V4. Graonian, AIA VV Narr, si. uoosr. AIA UJrnel sJ. R id ili AAA Karl A. Backus, A,A C:iragory R. 4iettola, AiA 0. Roxanne Sher'reck. AIA Rebea ?_. NN-e., AAA Haynond S. Calabro, AIA March 17. 2009 Mr. Stephen G. Badum Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Newport Beach City Hall and Park (BCJ Project #: 08519C) Proposal for Construction Document, e Services (Exhibit A, B & C to PSA) Dear Mr. Badum, We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach on the new City Hall and Park project. We look forward to building on the work completed with you during the Concept Refinement, Schematic and Design Development Phases. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Construction Document (CD), B' Phases. This proposal contains the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B) and our Billing Rates and Reimbursable Expenses Budget (Exhibit C) for the CD, Bidding and CA Phases. We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be of service to you in your efforts to create a new civic center for the City. The pages that follow this letter describe our proposal, work plan and preliminary project schedule based on our discussions over recent weeks. Sincerely, ell�� Gregory R. Mottola, AIA Principal cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes - Barre/Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5729 415- 989 - 2100 /Fax: 415 -989 -2101 Bohlin Cywinski Jackson Stephen G. Badun'i, P.E. March 17. 2010 Page 2 08519C — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services: EXHIBIT A — Scope of Services A. Project Scope and Budget Our proposal is based on the following project scope, budget, schedule and process assumptions: As of the date of this proposal, the Project is about to conclude the Design Development Phase. See BCJ's proposal dated April 7, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the Schematic and Design Development phases scope of work. Prior to these two phases BCJ completed Concept Refinement services. Please see BCJ's proposal for Concept Refinement services, dated the January, 5, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of this first phase of work. 2. Design Scope: The new City Hall and Park for Newport Beach project will consist of four major components. This project shall take the design concepts developed during the Concept Refnment, Schematic and Design Development Phases and continue to develop them in the subsequent phases. The Concept Refinement Phase design, scope and budget were approved by the city council on the 14`h of April, 2009. The Schematic Phase design, scope and budget were approved by the city council on the 24" of November, 2009. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision by the design team prior to receipt of DD approval. The four major components are as follows: a. A new two -story City Hall Building that will consist of approximately 100,000 + /- square feet of building area. b. A three -story Parking Structure containing approximately 450 parking spaces. This garage has been designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design and Design Development phases. In the Construction Document and Construction phases a Design - Build Firm hired by the Program Manager will be responsible for taking BCD's Design -Build bridging documents and developing them into CD phase construction documents. They will also be responsible for the construction of this garage. BCJ and its consultants will be reviewing the drawings and involved in the CA phase for conformance with design intent. c. Site development of approximately 17 acres that will integrate the library immediately to the south of the site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This includes the area to the south and west of the Library that was added in the Design Development Phase. d. A two -story addition to the existing Central Library located immediately to the south of the City Hall site. This addition will consist of approximately 15,000 square feet of building area. 3. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program and was refined, adjusted and approved as part of the Concept Refinement Phase. This program was refined during the Schematic Design Phase. A summary of these changes was provided in an email titled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 11'h of December, 2009, included here as Exhibit "D ". This message included a summary of the changes that were approved by the City Council on the 24`h of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities Needs Assessment, a file from the 121h of May, 2009 called "Alternative Work Space" and files from the 171h of September, 2009 containing program comments for the One - Stop -Shop, the Building Department and the Planning Department. Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 3 In addition, the City provided some initial project information at the start of the Concept Refinement phase. This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and is included herewith by this reference. 4. Preliminary Project Budget: The Schematic Phase Project Information provided by the City of Newport Beach's Program Manager indicates the project budget to be in the range of $110 + /- million construction costs for the project, excluding soft costs. This breaks down to approximately $61.5M +/- for the City Hall Building, $16M +/- for the Parking Structure, $18M +/- for the Park, $8M +/- for the Central Library Addition, and $6.5M +/- for the significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over San Miguel as an additive alternate. This proposal anticipates that at the conclusion of the Design Development Phase, the City of Newport Beach will provide BCJ with direction and approval to proceed with a project scope, budget and schedule that are clearly defined. BCJ will then proceed with the Construction Documentation, Bidding and Construction Administration Phase services. If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon which this proposal and the attached Agreement are based, the Basic Services compensation shall be adjusted subject to mutual agreement by the City of Newport Beach and BCJ. B. Project Design Team 1. This proposal includes the following Basic Services team, including Architect and the following core Consultant Team: a. Architect Bohlin Cywinski Jackson (BCJ) b. Structural Engineering Arup North America LTD (Arup) c. Mechanical /Electrical /Fire Protection Engineers Arup North America LTD (Arup) d. Cost Estimating C.P. O'Halloran Associates, Inc. (O'Halloran) 2. Other specialty consultants, such as the following, although not normally included in Basic Services scope, are also included as part of this proposal: e. Civil Engineer Arup North America LTD (Arup) f. Landscape Architect Peter Walker Partnership (PWP) g. Acoustical Design Charles M. Salter Associates (CSA) h. Audio Visual Systems Engineering Charles M. Salter Associates (CSA) L Lighting and Daylighting Design Consultant Arup North America LTD (Arup) j. Telecom, Signal and Data Systems Consultant Arup North America LTD (Arup) k. Sustainability Arup North America (Arup) I. Security Systems Consultant TransTech Systems, Inc. (TransTech) m. Waterproofing Consultant Allana Buick & Bers, Inc. (ABB) n. Code Consultant The Fire Consultants (TFC) 3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with BCJ and its consultants: a. Program Manager CW Driver (CWD) b. LEED Document Coordinator CW Driver (CWD) c. Environmental Impact Report (EIR) Consultant LSA Associates (LSA) d. Geotechnical Engineer Leighton & Associates (Leighton) e. Surveyor Hall and Foreman (H &F) f. Traffic Consultant RBF Consulting (RBF) g. Commissioning Agent TBD Bo iljn tsy4jt/inskJ Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 4 4. The following firms will be under direct contract with the Program Manager. The City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with the City, BCJ and its consultants: a. Design -Build Garage Firm TBD BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by- phase schedule as the Architect. BCJ services made necessary by delays or out -of- sequence actions, changes or requests made by the City of Newport Beach's staff or separate consultants or contractors shall be compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as part of Basic Services. Additional meetings, if required, shall be compensated as Additional Services, subject to the terms of the PSA. C. Project Delivery 1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to subcontractors under the management of a Construction Manager with two bid packages containing scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by a Design - Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. This same firm will then construct the garage. BCJ and its consultants will provide review of these drawings and the construction for compliance with design intent. 2. If an alternate delivery method or changes to the scopes, quantity or schedule for bid packages are requested by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase is not included as part of Basic Services, and would be compensated as Additional Services if requested by the City. The budget for the Cost of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple separate parts of the project or for separate bid packages. Bid Pkq No. Bid Package Scope Bid Package Schedule 1. Mass Excavation Package March 17' , 2010 2. Final GIMP Package including the At completion of Construction Documents balance of the Construction Documents. DB Pkq No. Package Scope by others Package Schedule 1. Garage Approximately at completion of Bid Pkg 2 75% CDs D. Project Schedule 1. The Basic Services scope and fee is based on the schedule that includes milestone phase submittal dates, the City of Newport Beach review and approval time frames as detailed in Exhibit B. Changes to this schedule will require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement. Bo tlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 5 2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant team meetings) included as part of Basic Services shall not exceed the quantity defined in the Exhibit B Work Plan. BCJ and Consultant attendance at additional meetings beyond the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses. Written authorization from the City of Newport Beach will be required prior to attendance at additional meetings, subject to the terms of the PSA. E. Construction Documents Scope of Basic Services 1. Upon written receipt of the City's approval of the Design Development Phase documents which includes approved site boundary, scope, schedule, budget and program, we will develop Construction Documents consisting of drawings and specifications. In addition to providing sections 2 -33, BCJ and Consultants will aid the City in generation and review of select Division One specifications. 2. We propose three submissions of documents during this phase as follows: a. 50% CD Set— Includes A &E drawings and full specifications. This will be a pricing and review set. b. Permit Review Set CD Set — Includes A &E drawings and full specifications. Per our conversations, this set will serve as the set issued for permit review. This will be the final pricing and review set. c. 100% CD Bid and Permit Set — Includes A &E drawings and full specifications. This will be the final CD set. 3. The City's Program Manager will provide cost estimating services after the 50% CD and 75% CD Phase documents are issued. BCJ's cost estimator will prepare a parallel estimate for the 50% CD estimate set only. An estimate reconciliation meeting will be conducted after both estimates are completed. BCJ's cost estimator will be available for consultation on an hourly basis (with a not -to- exceed cap) beyond once the 50% CD estimate process is complete. 4. BCJ will attend design review and other coordination meetings with the City in accordance with the draft work plan in Exhibit B. 5. Study models, perspective sketches, or digital modeling may be prepared in -house by BCJ during the Construction Document Phase to assist in facilitating understanding in work sessions with the City and communicating the design concepts to the City's Building Committee. If provided, such models and sketches would be working tools and would not be intended to be suitable for presentation for fundraising or other similar presentation purposes. Finished models, special drawings, renderings, brochures or digital animations for presentation purposes, if requested by the City, can be provided as an optional additional service. 6. Final Construction Documents: BCJ shall provide one bond copy of the 50 %, 75% and 100% CD sets to the City and the City's Construction Manager. BCJ will also post this information on the FTP site BCJ has established for communication with the City. 7. BCJ and its consultants will be providing review of the CD phase garage documents developed by the Design -Build firm. This scope will include review of two major 'milestone' sets, e.g. 50% and 75% CD for design intent. It also includes attendance at coordination meetings with the Design -Build firm indicated in the workplan attached as Exhibit 'B'. CJ's understanding that during this phase the City and their Construction Manager will bqrP�pert§ible for all bid °award procurement and purchasing activities of this contract. Durin g8BCJ will provide services that will su000r ' efforts: a. Interpret Construction Documents. Issue addenda s-recr ired in an eight -week bidding period to clarify the b nts and /or ans a questions of bidders. Beyond this, if the City requests design or scope changes Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 6 documb is that require significant revisions to the contract documents, these shall be incorpor d into an ad nda as an additional service. BCJ shall provide one bond copy of each addend r bulletins to th City and the City's Construction Manager. BCJ will also post this inform on on the FTP site BCJ ha stablished for communication with the City. The City's Constructj¢n Manager will then issue them the appropriate trade contractors. C. Substitution requests willPipt be permitted during the bid period and sery s related to review of substitution requests during bidding phase are not included in the, ope of services. Such services, if requested by City wi e addressed as an additional s ice. d. If so requested by City, BCJ shall asst in evaluating bids e. Permitting - BCJ will assist with Building Pe it A • ication and coordinate the submission of permit documents to the corresponding agency. f. BCJ shall provide clarifications and /or �afrections to tiebrmit drawings and specifications as required in response to plan check cfmments from the Ct s Building Department. g. It is understood that all requJp Permit fees for the Project Abe paid for by City. h. The City will provide CJ and consultants with any supporting inform tion required by the City's Building Depart y nt for permit filing purposes (i.e. plot plan of existing gnditions, utilities, existing tree survey, is report, etc.). BCJ all schedule and attend (up to 2) pre - application meetings with the City's D artment prior to the actual Permit submission. The garage will be provided by the DB firm and will therefore have no bidding phase. D g the Construction Phase for the work described in this Proposal, which the Program Manager s estima to be a 104 week duration to final completion, BCJ will assist the City with administr n of the construction ntract for the work. These services, described below, begin with award of construction contract and vary ending on the stage of construction. As a constant, however, B will advise and consult with the City on the pro ss and quality of the construction work and, when auth zed, will represent the City, but only to the extent set for elow: 1. Meetings and Site Visits: BCJ isit the Project site observe construction progress to attend job meetings and to a. BCJ will walk through the Project site dGri construction as often as is appropriate, in the Architect's professional judgment, bu ith Pam written approval of the City, to observe the Work in place at that time, to become ge ally it wit ' progress and quality, and to determine whether it is in keeping with a intent of the Contract Do ants. This proposal has a total of 99 site visits, plus an addit' al three site visits for punchlist activ ' at the end of the project budgeted as part o asic services. Additional site visits beyond thi antity shall be considered as an addition ervice. b. Architect ' distribute Field Orders, if any, and a Field Report after each site visit. c. tc,Pdjbtmg or Testing Work: Although BCJ may observe and point out actual or potential pro ms urmg site walk - throughs, these walk - throughs are not construction inspections or a guarantee th Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 7 there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction th does not conform to the Contract Documents, BCJ will recommend that the City not accept i d. Commu ' ations: a. Interpre tions: During Construction, BCJ will, upon request of the City or the C� truction Manager, ovide written or graphic interpretations and clarification of our Con truction Documents. hese interpretations will be consistent with BCJ's intent as ex essed in, or reasonably infe ble from our Construction Documents. The City and the onstruction Manager will communicate ith BCJ in writing for any communication relevant to CJ's services. b. Bulletins: BCJ will us 'ts Bulletin form to: 1) authorize minor chan s in the Work (if there is no change in cost or time); BCJ will issue supplemental instructio R6 (if there is no change in cost or time) in response to the onstruction Manager's requests f interpretations and clarifications of our Construction Documen 3) confirm Architect's field ders; and d) request estimates/proposals. C. Documentation: During constructio , we will maintai ogs of: 1) Addenda to the Contract for Construction; 2) Bulletins; 3) Confirms ns of Fiel Orders; 4) Field Reports; 5) Meeting Notes; 6) Architectural Sketches; 7) Constructi Ma doer". Requests for Information; 8) Contractor's Submittals; and 9) Construction Manager's stitution Requests and make these available to the Project Team. 5. Submittal Review: During Construction, B will ra varic drawings that the Construction Docume�� s require the C st whether those items and the Trade Ogritractor's proposed m BCJ's visual and aesthetic design ncept expressed in the specifications. In advance of th onstruction work, the City provide a Submittal Schedule utlining the Submittals for the approval. samples, product data and shop tion Manager to submit, to determine ods of fabrication are consistent with istruction drawings and quire its Construction Manager to �jec Work, for the City's and BCJ's 6. BCJ will conduct a fie] eview of the Work in order to assist the Construe n Manager with development of the P nch List and if necessary on follow -up field review, if p viously approved by the City, includin eview of the Construction Manager's punch list items, to co irm Substantial C/ruction CJ does not find the Work Substantially Complete, BCJ will noti he City. 7. B de responses to RFI's, submittals, etc. that comply with industry stands s for tiiew time for submittals can be managed only if the Construction Manage rovides e cittal schedule at the beginning of the project so that BCJ can properly staff e cministration effort. 8. BCJ will provide review of submittals and provide on -site construction observation for adherence design intent for the parking garage. H. Environmentally Responsible Design Scope of Basic Services 1. One of the goals of the Architect and its consultants is to design and document this project to be environmentally responsible. The City approves this goal subject to City approval of the measures proposed by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work. In addition, the City requires the Architect and its consultants to design and document the project with the goal of achieving US Green Building Council ( USGBC) LEED certification. Formal application to and certification by the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In response, the City has agreed that the following consultants will be selected and retained to perform the tasks indicated, under contracts directly with either the City or the Program Manager: a. LEED is a measurement system designed by the US Green Building Council to define "green buildings ". The process requires that the Architect and the Contractor each provide, for the LEED work that is their Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits! Page 8 responsibility, an individual who is responsible for tracking, compiling and organizing the information and letter template files that the USGBC uses to validate compliance with their rating system. In the outline below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager. b. In addition, the City has elected to have the Program manager serve as the LEED Documentation Coordinator for the project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program Manager's LEED Manager in assembling the electronic documentation required for submittal to USGBC for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the Architect's and Program Manager's compliance with LEED related requirements and procedures. c. A major component of LEED compliance is the proper operation of building systems and assemblies, so the process also involves an individual employed to develop a plan for managing the installation, operation, and maintenance of those systems. For compliance with LEED EA Prerequisite 1, this individual is required to be engaged early in the project so as to be involved in during both design and construction. In the outline below that individual is called the Commissioning Agent. The City is in the process of retaining a separate consultant as the Commissioning Agent for the project. The Commissioning Agent will be responsible for: 1) Developing and managing the detailed Commissioning Plan in accordance with the general performance requirements defined in a performance specification prepared by the Architect's MEP Consultant. 2) Ensuring that the systems and assemblies installed are operable and maintainable. 3) Ensuring that the design intent, installation and O &M requirements are thoroughly documented. 4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the facility per the design intent and facility requirements. 2. LEED related services performed by the Architect and its Consultants, led by the Architect's LEED Manager, as part of Basic Services shall be as follows: a. Construction Documents Phase: 1) Develop Division One specification sections with input from the Owner, the LEED Documentation Coordinator, the Contractor's LEED Manager and the Commissioning Agent: a) Overall LEED Requirements of the Project. b) Review Construction Waste Management Plan and Indoor Air Quality Plan developed by the Program Manager's LEED Manager and Commissioning Agent. c) Coordinate with commissioning requirements developed by the Commissioning Agent. d) Coordinate refinement of LEED documentation requirements with LEED Documentation Coordinator. 2) Develop Divisions 2 -33 specification sections to include submittal requirements for LEED documentation items, which will be collected, reviewed, organized and assembled by the Contractor's LEED Manager, the Commissioning Agent or the LEED Documentation Coordinator for submittal to the USGBC. 3) Complete letter templates for design phases LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted design - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each design - related LEED point. 4) Coordination of the LEED - related construction costs with the Owner's budget for the Cost of the Work. b. Construction Administration Phase: 1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions regarding the construction documents requirements related to construction phase LEED issues: 2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of submittals regarding format and completeness of documentation to support USGCB certification will be by the LEED Documentation Coordinator and the Contractor's LEED Manager. Bchlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 9 3) Review construction documents requirements related to LEED related issues at Project Meetings. 4) Complete letter templates for construction phase LEED points that require the Architect's or Engineering Consultant's signature utilizing letter template formats provided by the LEED Documentation Coordinator. 3. The Construction Documents shall state that the Contractor's LEED Manager shall be responsible for reviewing, coordinating and tracking LEED requirements with the Contractor and /or their subcontractors regarding template, information /documentation or submittal issues including the following: 1) Coordinate with the LEED Documentation Coordinator on the tracking and status of compliance with LEED checklist points and the status of LEED related information, documentation and submittals required to support LEED construction - related points. 2) Complete letter templates for construction - related LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted construction - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, submittals, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each construction - related LEED point. 3) Review construction - related submittals for format and completeness relative to LEED documentation requirements for construction - related points. 4) Report on the status of LEED templates, information /documentation and submittals status to support LEED construction - related point at construction phase job meetings. 5) Collect, review and assemble final LEED submittals provided by the Contractor and Subcontractors for construction - related points for submittal to USGBC. 6) Correspond with USGBC for point and supporting documentation requirements clarifications. 3. LEED - Related Notes and Clarifications a. The initial review of mechanical and electrical system alternatives includes opinions on the relative merits of various alternatives. This information will be of a general nature and will not be based on detailed calculations and analyses. Such detailed calculations and analyses, if requested by the City, shall be compensated as Additional Services. 1) The Architect's MEP Consultant will investigate mechanical and electrical system options for the project. Order of magnitude life cycle cost analysis calculations to confirm relative comparisons of systems options will be provided as described in Arup's Sustainability Proposal, but formal analysis is not included as part of Basic Services. 2) The Architect's MEP Consultant will verify the "energy performance" LEED points via calculation based on final systems selections with computer modeling of the energy use of the proposed building including comparison runs of building envelope, fenestration, shading, HVAC system type, and other variables. This scope includes a maximum of 6 independent computer runs once the basic geometry of the building has been entered. Final simulation will include a comparison of a budget (ASHRAE 90.1 compliant) building to the proposed building. Final simulation report to be provided at Schematic Design and end of Construction Documents phases (total of 2). 3) Daylighting and Lighting Control Modeling: Computer modeling of natural lighting schemes including orientation, shading, glass type, reflectance geometry, and artificial lighting controls. Incorporation of these results into the energy model. All other services related to calculations, special analyses, constructability analyses, life cycle costing, energy analysis studies, environmental impact reports, analysis of owning, operating and maintenance costs, special research, cost estimates or reports related to validating green building design alternatives are not included as part of Basic Services. b. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order to satisfy USGBC requirements for additional information such as calculations or modeling. All services related to responding to any comments or requests by the USGBC for additional information on individual r Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 10 LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic Services. c. All services required if the City elects to appeal any credit denied in the Final LEED Review are not included as part of Basic Services. d. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's LEED Manager or the Commissioning Agent are not included as part of Basic Services. e. All LEED related meetings are assumed to be part of the typical project meetings. If the City requests separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic Services, such meetings are to be compensated as Additional Services. f. All LEED related registration, application, appeal and other fees are not included as part of Basic Services and would be addressed as reimbursable expenses. 5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services shall be subject to the following limitations: a. The duration of the Commissioning Agent's specified scope of services shall include the entire construction period and a period of one year following Substantial Completion of the Project. For the duration of their services through Final Completion, the Commissioning Agent shall be the Program Manager's and City's point of contact for providing consultation and assistance as to any Work not performing as expected or that is discovered to be defective, and particularly in connection with the utilization of any equipment or system such as initial start-up and testing, adjusting and balancing, and maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program Manager to the City's satisfaction. I. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as a Contract Amendment Six / Exhibit A into the City of Newport Beach's Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our fee as a time and,expense not -to- exceed fee, to be invoiced monthly based on hours spent completing the above described scope of work completed. Invoices for this work shall be in the same format as those used in the Concept Refinement, Schematic and Design Development Phases. 2. Substantial revisions to the building program and /or documents after completion of the phase and the City of Newport Beach's approval of the Design Development Phase, will be considered as an additional service. 3. If the City of Newport Beach or its Construction Manager causes the duration of the CD, Bidding or CA phases of work to substantially exceed what is specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule. 4. In order to achieve project schedule goals, the Construction Documents Phase will commence prior to the final approval of the Design Development Phase. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27`" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision prior to receipt of DD approval. 5. A fixed number of meetings are identified for this phase of the work. This proposal assumes that the attendees at these meetings are limited to the City's Project Manager and designated City Staff representatives and /or members of the Building Committee who can act on behalf of the various departments within the City Government, and the City's Program Manager. It does not include extensive meetings with City Staff and others beyond those outlined in Exhibit B. If the number of meetings for the phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. # # Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 11 6. Special presentation -style booklets, models, perspectives or renderings beyond those described above are not included as part of these services beyond BCJ's in -house design materials normally produced to convey design intent. Special Professional Renderings and /or Presentation Models, Animations, etc., beyond those described above can be provided as an additional service. 7. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City require the addition of any other specialty consultants, they can be provided as an additional service. 8. Furniture Design is not included in this proposal, however conceptual furniture plan layouts will be utilized in the Construction Documents Phase as part of the design of the building to verify functionality of spaces. 9. The survey or relocation of existing office equipment or furniture is not included as part of these services. 10. Services relative to future facilities, systems and equipment are not included as part of Basic Services. 11. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location planning purposes only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 12. Architectural survey of the existing buildings: We assume that the existing information on adjacent buildings is complete, available and deemed reliable for our use. 13. Land or property boundary survey is provided by the City is deemed reliable and accurate for our use. 14. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any error, omission or inconsistency in such services or information. 15. Services related to value engineering includes reviews with the City and Program Manager of relative cost information on scope, design and constructability, alternatives on a continuous or "rolling" basis, proceeding from general to more detailed issues, as alternatives are evaluated and decisions are made during the Construction Documents, Bidding and Construction Administration Phases are not included in this proposal. All cost estimating services required related to the value engineering process will be provided by the Program Manager. All value engineering services after City approval of the Design Development Phase and all other services related to value engineering are not included as part of Basic Services other than the Architect's and the Architect's consultants' services required to comply with the City's budget for the Cost of the Work. 16. Documents shall be prepared according to BCJ office standards for construction documentation, which are in compliance with the industry standard of care, and where applicable, the City of Newport Beach Public Works Department's City Standards 'Design Criteria'. 17. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 18. BCJ will assist the City with Permit Applications through the City's Building Department. BCJ's assistance does not include payment of fees, tracking and reporting of permit status, preparation of special research studies, alternate designs, variances, special tests or documentation, surveys, or environmental studies and submissions, beyond those described herein, which services, if required by BCJ, will be considered as an additional service. 19. All services related to special studies, including constructability analyses, life cycle costing, energy analysis studies, environmental impact reports and analysis of owning, operating and maintenance costs are not included as part of Basic Services except as required by standard requirements to obtain approvals/ permits from regulatory agencies and as required by services related to green building design as defined herein. Services related to performance -based criteria studies and analyses to obtain approvals/ permits from Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 12 regulatory agencies or establish energy equivalence for non - conforming buildings are not included as part of Basic Services and would be addressed as Additional Services if required. 20. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California Edison's'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that the City's Program Manager will submit required information for any Grant, Energy or other similar Programs. 21. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject will be included in City's agreement with the Contractor stating that if the Architect is required to provide drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses associated with providing the electronic files at the rate of $100 per sheet. 22. The Architect and some consultants will, at their sole discretion, elect to produce some or all of the construction documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized solely-as an internal architect - consultant team tool. The model may be provided to the Program Manager solely as a convenience, after a CADD transfer agreement has been signed. The Program Manager may not distribute the BIM model to other subcontractors. The City and Program Manager acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction documents shall be traditional two- dimensional drawings and shall be the official, binding documents for the project. The issues related to the use of BIM will be reviewed with the City upon request. 23. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant Proposals and attached to this proposal as Exhibit A - Appendix. END OF EXHIBIT A Bo IIin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 13 EXHIBIT B — Project Schedule / Work Plan: A. Project Schedule and Concept Refinement Phase Work Plan: Our proposal is based upon the following general overall project schedule as discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4114109 City Phase Approval: 4/14/09 Schematic Design Phase: 4/15/09 — 8/14/09 City Phase Approval: 8/14/09 — 9/14/09 Design Development Phase: 9/15/09 — 2/18/10 City Phase Approval: 2/18/10 — 3118/10 Bidding Package 1 — Mass Excavation 100% CD 1/29/10 Upcoming: Bidding Package 1 — Mass Excavation Bid Set Package 1 — Construction Bidding Package 2 CD Phase: Bid Pkg 2 Final City Review Comments: DB Garage Package CD Phase DB Garage Package — Construction Bidding Package 2 — Balance of Docs Package 2 Construction 3/17/10 4/28/10 — 9/30/10 3/19/10 — 11/04/10 9/02/10 — 9/30/10 6/1/10 — 9/15/10 10118/10 — 10/17111 11/08/10 01/01/11 — 10/31/12 Based on the our current understanding of the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City of Newport Beach, this schedule will allow for construction to commence in January of 2011. A detailed draft work plan for the Construction Documents Phase is included below and defines the quantity and frequency of project meetings for each phase. w Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 14 C.. ohlin Cywinski Jackson Stephen G.Badum,P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 15 Bohiin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 16 Bo lin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 17 I:1.INIUy*C1) =1119: Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 18 EXHIBIT C - Schedule of Hourly Rates /Fees: A. Schedule of Effective Hourly Rates The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's team. These rates are subject to annual updates according to each firm's compensation policies as mutually agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly rates. 1 Discipline — Architecture Bohlin Cywinski Jackson Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff 11 $ 85 Staff 111 $ 65 Office $ 75 2 Disciplines - Structural Engineering, M /E /P /FP, Civil, Sustainability, Telecomm, Lighting Arup North America LTD Principal $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineer $130 Graduate Engineer $110 Senior Drafter $120 Drafter $110 Clerical $ 85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architects P. Walker, Director $410 D. Findlay, Director $305 Partner $190 Associate $125 Landscape Architect $110 Staff $ 65 Archivist/Librarian $150 4 Discipline - Cost Estimating C.P. O'Halloran Associates, Inc. Principal $185 Associate $125 Senior Estimator $115 Assistant Estimator $ 95 ohlin Cywi ski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 19 5 Discipline — Building Code Consulting The Fire Consultants Principal $190 6 Discipline -Waterproofing Consulting Alana Buick & Bers, Inc. Senior Principal $350 Associate /Principal $225 Consultant III $160 Consultant II $145 Administrative $ 70 7 Disciplines -Audiovisual and Acoustical Charles M Salter Associates, Inc. President $250 Sr. Vice - President $250 Vice - President $230 Director $230 Principal Consultant $190 Senior Consultant $145 Consultant $125 Technical Assistant $ 90 8 Discipline — Security Systems Consulting TransTech Systems, Inc. Principal $175 Engineer $145 CADD $ 95 Administration $ 75 Based on the above - described scope of work, budget and schedule and the Agreement terms and conditions, we request a professional services Hourly- not -to- exceed fee as detailed on the following sheets Stephen G. Badunt, P.E. March 17, 2010 Co. Bidding and CD Phase &hibits /Page Hours and Fee for Newport City Hall Project -CD Bidding and CA Phases y Mechanical Plumbing Pnn nom —T ¢?nn —T— I T.l � 6o,oT0 1zeee 198,16o $90,006 – $2;e6o $o $0 $o $7570x5 - - i, 7su 5,2e0 $666 $551990 Electrical I ln' :Siructgm Rev'"Onl plibra Addition '- �— Sle -:r CT.pytlestnan Bntl e' - '.CretlitLnidn- Fit -oul Totals CO Bitltling CA CD Bitltling CA CD Bitltling CA CD Bitltling CA CO Bidding CA Hrs Hrs H. Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs H's Hrs Hrs ���3��� 116 3 ]4 4 15 1 2 ���] ���8 73 2 1 33 1 9 13 HIM 693 1 14 a 132 17 1452 4 0 165 5 6] 0 99 0 116 2 1 215 "71 99 6 33 1 $28,166 $299,659 909,ei0 4968;232 $72,559 $19 -t00 $}29;096 $27,382 �9925 444;Aa0 $12,812 42,J 443,684 $393'1679 y Mechanical Plumbing Pnn nom —T ¢?nn —T— I T.l � 6o,oT0 1zeee 198,16o $90,006 – $2;e6o $o $0 $o $7570x5 - - i, 7su 5,2e0 $666 $551990 Electrical I ���3��� ��� ���3 ���] ���] ���8 L imp y Mechanical Plumbing Pnn nom —T ¢?nn —T— I T.l � 6o,oT0 1zeee 198,16o $90,006 – $2;e6o $o $0 $o $7570x5 - - i, 7su 5,2e0 $666 $551990 Electrical I °.,.r1 I 5 $4.569 $4120 $414001 $297.090 F��6'®���37��➢ ��� ���3 ���] ���] ���8 °.,.r1 I 5 $4.569 $4120 $414001 $297.090 Stephen G. Badem, P.E. March 17. 2010 CO, Bidding and SO Phase ahlbilsl Page Sustainable 0 $0 $0 $01 sl2 sl TeMCOms Pnnrinal Gann o ,195 -39 $2,00- $1,600 $166 $666 $0 $0 $0 41,920 $940 $t;2"1 $65895 ILi9htin4 � .�.. I nil I 'I i 9,9]0 $0 $9;559 $7,600 $0 $3;55Fl $5,040 $0 - y3;040 $1,680 $0 44,40 82055 0 tlu $0 $0 $0 $0 $223520 Ifindup Totals I $792645 I rte' $0 $224475 $223146 3100200 $13440 4%F360 $2133780 ��� L�1L•6.1Q��m ��I WI ��� �t��i ��� NI 0 $0 $0 $01 sl2 sl TeMCOms Pnnrinal Gann o ,195 -39 $2,00- $1,600 $166 $666 $0 $0 $0 41,920 $940 $t;2"1 $65895 ILi9htin4 � .�.. I nil I 'I i 9,9]0 $0 $9;559 $7,600 $0 $3;55Fl $5,040 $0 - y3;040 $1,680 $0 44,40 82055 6 0 $0 $0 $01 $35,1so1 0 tlu $0 $0 $0 $0 $223520 Ifindup Totals I $792645 I rte' $0 $224475 $223146 3100200 $13440 4%F360 $2133780 6 0 $0 $0 $01 $35,1so1 0 tlu $0 $0 $0 $0 $223520 Ifindup Totals I $792645 I $0 $0 $224475 $223146 3100200 $13440 4%F360 $2133780 Stephen G. Barn , P.E. Mach 17, 2010 CD, Bidding and CC Phase Exhieils /Page to misca on Amhitnrti n P Walker Director $410 0 0 1401 5 0 0 D. Findley Director $305 5 0 1151 0 0 0 Partner $190 60 0 1 21 5 5 0 30 0 0 $185 $125 Associate 5125 25 0 3 27 5 7 5 30 0 0 0 0 Landscape $HO 6 0 0 4 0 0 8 0 0 4 0 0 4 0 0 10 0 0 16 0 0 28 0 0 8 0 a 6 0 0 Architect 40 0 2 28 5 0 4 0 80 0 0 silo Staff $65 0 0 0 5 0 5 0 1 5 5 0 0 0 0 0 0 ^1 Landscape Architecture Fees $0 $0 $0 $20,775 $0 Se"a, $0 $0 $O( $24%02.6 ii80,S60 $20,625 $0 $0 $0 $0 $0 Landscape Architecture Consultant's Fees $60,000 $500 $22,000 $2,000 $1544550 $84600 `P'cVY, $1 629 050 Coal Consuann Princi al $190 35 0 25 1 21 01 11 051 ol ol 0 1 0 0 Code Consulting Fees $6,650 $0 $4ri80 $380 $0 4500. $1,900 $0 $46,030 $0 $0 $0 $0 $0 $0 $190 $0 $0 $15,390 Chat Fatimatihn Prin<i al Associate $185 $125 32 110 0 0 0 0 6 0 0 4 0 0 8 0 0 4 0 0 4 0 0 10 0 0 16 0 0 28 0 0 8 0 a 6 0 0 Senior Estimator silo 8o 0 0 8 0 0 12 0 0 24 0 0 8 0 D 8 IASSi4lsnt Estimator 0 0 0 0 0 0 0 0 0 0 0 $95 64 0 0 0 0 0 8 0 0 19 0 0 4 0 0 8 0 0 Cost Estimating Fees $34,950 $0 $0 $3,280 $0 $0 $4,880 $0 $0 $9,645 $0 $0 $3,040 $0 $0 $3,420 $0 $0 359115 Security Fees $35,828 $41630 $4Jt68p $2,815 $0 $620 $7,589 $490 %2" $1,338 $0 $445 $1,580 X924 5076 $3,039 44$ $$,259 $77549 President/ Sr. VP VP /Director Principal Consultant $250 $23023 $190 14 1A 1 D 0 0 a 0 0 6 10 a 0 0 0 0 0 0 0 0 0 0 0 2 3 0 0 L1���SI�r7 $230 0 0 0 0 a o 0 0 ���' 0 0 0 0 •'' ��Sl�� 50 4 ���➢ 0 0 ��d�1���1 1 1 0 0 0 ©��I 0 0 ©��1li ill 0 Consultant $125 7 5 0 0 0 3 0 0 0 �1�1�1�I 0 0 1 0 0 Security Fees $35,828 $41630 $4Jt68p $2,815 $0 $620 $7,589 $490 %2" $1,338 $0 $445 $1,580 X924 5076 $3,039 44$ $$,259 $77549 President/ Sr. VP VP /Director Principal Consultant $250 $23023 $190 14 1A 1 D 0 0 a 0 0 6 10 a 0 0 0 0 0 0 0 0 0 0 0 2 3 0 0 VP /Director $230 0 0 0 0 a o 0 0 0 0 0 0 0 0 Senior Consultant $745 50 4 0 0 0 20 1 1 0 0 0 0 0 0 7 0 0 Consultant $125 7 5 0 0 0 3 0 0 0 0 0 0 1 0 0 Technical Assistant $90 10 1 4 0 0 D 4 0 0 0 0 0 0 1 0 0 Acoustics Fees $17,685 $41800 $481361 $0 $0 $0 $7,399 §169 j6ri60 $0 $0 $0 $0 $0 $0 $2,500 $489 — $S,anO $49642 Audin Vie,u1 President/ Sr. VP $2501 0 0 0 0 0 0 0 0 0 0 0 0 0 VP /Director $230 0 0 0 0 0 0 0 0 0 0 0 0 0 Principal Consullanl $190 66 4 0 0 0 B 0 0 0 0 0 :111 0 0 0 Senior Consultant 5145 26 1 0 0 0 3 0 . 0 0 0 0 0 0 0 Consultant $125 60 4 0 0 0 7 0 0 6 0 0 0 0 0 Technical Assistant $90 14 1 0 0 0 2 0 a 0 0 0 0 0 0 Audio Visual Fees $24,999 $4091% 64&,000 $0 $0 $0 $2,994 $999 $1;899 $0 $0 $0 $0 $0 $a $0 $0 $0 350 990 Stephen G. Badum, P.E. March 17, 2010 Co. seeing and CD Phase ahibils / Page Waterproofing Consulting Fees $21,680 -66440 $99,100 $6,980 Totals $2,079,949 $901;969 $31036,666 $97,366 Optional Services -Arup Hours and Fees Raze $Rlr CO H. Bid Hrs CA Hrs Sustainable Consultant Principal $300 Assocate Prncipal $21 Associate $1 Senior Engineer $16 40 Engineers $130 24 Graduate Engineer $11 Senior Drafter $12 Dreher $11 Clerical $85 6 Tend Sustainable Fees $10,030 IN Waterproofing Consulting Fees $21,680 -66440 $99,100 $6,980 Totals $2,079,949 $901;969 $31036,666 $97,366 Optional Services -Arup Hours and Fees Total Option Fees $18,258 $0 46;926 $12,680 $8,160 $49,000 $0 $0 $0 $1,490 43,190 _$2,630 $0 $0 $0 51]4330 $0 96aeM14 $ 591,376 $1,547,011 $45,496,$ -AtdiA $156,317 $SASAF, 9]d6411A, $35,401 '!i" rb7�� CD Fa��s = 1/ -/ 77,, Y1,,9 OP71olv —WA7- izfNd0F= ,4'h,756- A-L- OwstcG */0(7, 0*0 �%/se1/3URSft6L�S °/� 336SSOcO 7Zraae_ 4/1 q Raze $Rlr CO H. Bid Hrs CA Hrs Sustainable Consultant Principal $300 Assocate Prncipal $21 Associate $1 Senior Engineer $16 40 Engineers $130 24 Graduate Engineer $11 Senior Drafter $12 Dreher $11 Clerical $85 6 Tend Sustainable Fees $10,030 Total Option Fees $18,258 $0 46;926 $12,680 $8,160 $49,000 $0 $0 $0 $1,490 43,190 _$2,630 $0 $0 $0 51]4330 $0 96aeM14 $ 591,376 $1,547,011 $45,496,$ -AtdiA $156,317 $SASAF, 9]d6411A, $35,401 '!i" rb7�� CD Fa��s = 1/ -/ 77,, Y1,,9 OP71olv —WA7- izfNd0F= ,4'h,756- A-L- OwstcG */0(7, 0*0 �%/se1/3URSft6L�S °/� 336SSOcO 7Zraae_ 4/1 q Option 2 - Solar t 1VOT7AQGV Stephen G. Badurd, P.E. March 17, 2010 CD, Bidding and CD Phase Eahibils l Page ate $ /hr CD Hrs Bid H. - CA H. nable Consultant al $300 ate Principal $215 ate $190 Engineer AEnglneer $160 40 40 40 ers $130 40 te Engineer $110 Drafter $120 $110 l x $85 81 1 Stephen G. Badurd, P.E. March 17, 2010 CD, Bidding and CD Phase Eahibils l Page Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits! Page 25 Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 26 ... ......... ­� 6 .. ...... ­ C.P. O'Halloran Assoc. T TAL INITIAL REIMffGkS4iKt­-­- " °'"'_.. -------- ---t6.66 EXPENSES ESTIMATE ........ . . - ........ . The Fire Consultants TOTAL INITIAL REIMBURSABLE $1,500,00 EXPENSES ESTIMATE Charles Salter &Associates - Acoustical Consulting, $4,000.00 — ---- ----- Salter Charles &Associates - Audio Visual ysterns $8,000.00 . ..... _ AfGnWbiujck Berrs -Waterproofing Consultant Transtech Systems - r nsultant . .... . ...... ...... .... $1,950.00 . JOTAL DESIGN PROFESSIONAL TEAM INITIAL $�-58,523.80 1 REIMBURSABLE EXPENSES ESTIMATE (see Note 3) ­1-4-3-1 A- 15'. ...... ...... Notes: ...... .... . ..... ...... t4rife i.i�u . eimbursable expenses Include the following: - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephonelfax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCXs Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photostprints. Note 2: Plane fare casts ------- week ...... ­ ....... r estimated �iswwmmimum two wee noticetoBCio all meeting dates airiaon ticket purchases being non-refundable, In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: If i[iii-iiiii4i projected to the quantity of or schedule for BCJ and/or Consultants meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not- to-exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. ......... . ... .... . ..... . Upon Receipt of the City of Newport Baec]Ys written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT C City of Newport Beach BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 10BA -038 AMOUNT: $949,214.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover the cost of a professional services agreement (PSA) with Bohlin Cywinski Jackson for architectural design services including construction document preparation and construction support. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Civic Center Construction Fund - Fund Balance Description Signed: Z o F a I Approval: d m his rative Services Dire Signed: Lti� Adminis6aiive Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $949,214.00 $949,214.00 4? -a3 -i0 Date Date Date Description Division Number 7410 Civic Center Construction Account Number C1002009 New City Hall /Civic Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: Z o F a I Approval: d m his rative Services Dire Signed: Lti� Adminis6aiive Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $949,214.00 $949,214.00 4? -a3 -i0 Date Date Date Newport Beach Civic Center Cost Timeline 1008 )IaTI 7010 1011 11111 aa+ aar ay s.er on r+. w w w s.w u� uw w rw w ..n .r h Cornp~ $ _ Pre Design Concept Refinement Schematic Design 6 Deugn Development, SD 6 DD Comm~ oncuments, co comnuawn support. SD PRQ�(I.MA.NAGEMENT Deutn Team Project Management We - Design Project Management. SO6 DD Nolen Management CD CONSTRUCJJON Basic services /Gennal coodmons Direct Etpenses Construn.. Mngl Fee huuBl B nrnhead) (3 25%) GMP Phase 1 - Mass f.cavatioo 6 Shormg Wall GMP Phan 7 Design Axel /Build Parking Structure GMP Phase 3 City Hall, library g Park library E.panslon City Hall Building n.mms. furnishings. B Equipment (fF BE) A111matrve CmUtr turn Items Alt al - San Miguel Ped Overcrossing Based upon Schematic Design Estimate of 5105,000.000 For cmutruttmn 3�21�23 �}�Z�• l� Cerra Conservative Pru)Mwn Optlmotic :Omen" best case l0% wntkgen4917%) UmFSed. lre4t ene 75 %Clry /1S %CWD E al Oi I 0 o I u� u — b! — z b! b of =1 a! o pt = of V• o! V! V 3�21�23 �}�Z�• l� Cerra Conservative Pru)Mwn Optlmotic :Omen" best case l0% wntkgen4917%) UmFSed. lre4t ene 75 %Clry /1S %CWD $nGAW $1111,315 $135,764 $14,N1.315 $415.760 S1 /,N1,315 $435,764 SS,166 11 SS 1 It $3,166,611 $1 000 $96,506,000 $N,S36,750 si $24W.000 51,00DA0o $115.904.690 $115.104.690 5110,443,"0 511500,000 $1.000p00 671SOO N 1 SX500"O $I,000 5119.101,690 $118,904,690 5113,90,440