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HomeMy WebLinkAbout33 - City Hall & Park Master Plan Project - Architectural DesignCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Supplemental Agenda Item No. 33 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbad um(o)citv.newi)ort- beach.ca. us 949 - 644 -3311 SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES RECOMMENDATIONS: Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for Pre- Design Phase architectural design services at a not to exceed price of $647,675 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the architect for the City Hall and Park Master plan Project. City Staff have met with BCJ and negotiated a work scope and fees for the Pre - Design Phase of the project. In general, the work scope includes revising and refining the conceptual plans per the recommendations of City Council and the City Hall Design Committee. The work scope will also include: • Research existing conditions • Review and validation of the Needs Assessment • Incorporating project refinements as proposed by City Council, City Council Building committee, and City Hall Design Committee • Confirm and develop site program for the park • Review sustainability and LEED goals • Prepare conceptual Grading Plan • Collaborate with the City's EIR consultants • Prepare updated conceptual plan including plans, sections, elevations, renderings, digital fly- through , and updated conceptual cost estimates. The project schedule anticipates weekly coordination meetings with staff and the City Council Building Committee. There will be opportunities for public participation at the Design Committee meetings to be held on February 25 and March 25, 2009. A public City Hall and Park Master Plan — Approval of Professional Services Agreement with Bohlin Cywinski Jackson. January 13, 2009 Page 2 hearing and City Council consideration of the final conceptual plan is scheduled on the regular City Council meeting for April 14, 2009. 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 Pre - Design services including listed subconsultants is $569,247 plus anticipated reimbursable expenditures of $78,428 for a total 'not to exceed' cost of $647,675. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit C of the attached PSA. For fee estimation purposes, the proposal includes City Hall and Park site plans, elevations, sections, two renderings, digital fly- through (two paths), and updated conceptual cost estimates. The cost of an optional architectural presentation model, $45,132, is not included in the proposed scope. If Council or the committee desires additional rendering, exhibits, or the construction of a model, an amendment to this contract will be necessary. Upon successful completion of the Pre - Design Phase, staff will negotiate an amendment to this contract to continue the Schematic and Design Development stages of the project. Environmental Review: Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Staff is currently conducting a selection process to retain an EIR consultant who will prepare environmental documentation for the project. Funding Availability: There are sufficient funds available in the following account: Account Description Account Number Amount City Hall and Park Design 7410- C1002009 $ 647,675 Submitted by: Director $ 647,675 Attachment: PSA with BCJ, including work scope, schedule and fee exhibits PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR CITY OF NEWPORT BEACH CITY HALL AND PARK PROJECT THIS AGREEMENT is made and entered into as of this 13th day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and charter city ( "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 project to be located at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue that 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 first phase of the Project which consists of the conceptual design phase for 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[s] of Consultant for purposes of the 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 May, 2009, 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 Consultant shall perform the services in a diligent and timely manner in strict accordance with the schedule for the Project attached hereto as Exhibit B. The failure by Consultant to strictly adhere to the schedule 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 parry hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 City agrees that if it becomes aware of any action by the City or its staff that City believes will affect the Consultant's schedule, the City will promptly notify Consultant and will extend Consultant's schedule by the amount of time attributable to any City caused delay. 3.2 If Consultant becomes aware of any delay that Consultant contends is caused for any reason beyond Consultant's control, 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. 3.3 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 C and incorporated herein by reference. - Consultant's compensation for all work performed in accordance with this 2 Agreement, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Forty Seven Thousand Six Hundred Seventy Five Dollars and 25/100 ($647,675.25) 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 C. 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 herein or in Exhibit A or assign any new 3 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. 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 Kiff and /or Steve 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 consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 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 as of the date the work is completed. 9 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 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 5 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. 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 R Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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. ii. General Liability Coveraae. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) 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 two million dollars ($2,000,000) 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 five million dollars ($5,000,000). 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 7 respect to liability arising out of work performed by or on behalf of the Consultant. 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 M 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. 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 for the Project 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 besides the Project or additions /modifications thereto. The parties agree that the Documents will only be used by City or others for the Project (or additions /modifications thereto) unless specific written authorization is obtained from Consultant. 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. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 30 -inch by 42 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff /pdf image files of all final sheets within ninety (90) days -after finalization of the Project. for more - -detailed E requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 /modifications to this Project, or for the completion of this Project by others, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify 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. Electronic files furnished to City shall be subject to an acceptance period of one hundred and eighty (180) calendar days during which the City agrees to perform appropriate acceptance tests. The party furnishing the electronic file to the City shall correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period the electronic files shall be deemed to be accepted and Consultant shall not have any obligation to correct errors or maintain electronic files. 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. This provision shall not apply to information in whatever form that is in the public domain or if disclosure is reasonably necessary for the Consultant to defend itself from any legal action or claim. In the event that Consultant receives an order or demand from documents issued by a court, administrative agency or other legitimate authority, the Consultant shall immediately notify the City and the City shall have the option of challenging the order or demand for production of documents. If the City elects to challenge an order or demand from documents issued by a court, administrative agency or other legitimate authority, Consultant shall fully cooperate with City in any legal challenge the City may bring to the order or demand for production of documents and shall not produce said Documents unless the City's legal challenge to the order or demand is found to be without merit. IN 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 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 of Consultant which results in costs, expenses, or damages to City greater than what would have resulted if there were not errors or omissions in Consultant's work on the Project, Consultant shall be liable for all costs,-expenses and /or damages that 11 exceed the costs and expenses which would have been borne by the City but for the errors and omissions of the Consultant including, but not limited to, additional design, construction, construction management, delay and /or restoration expense. The determination of negligence shall be subject to the Standard of Care as set forth in Section 8. 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, by certified mail, express mail or facsimile, in each case during regular business hours, 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: 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 12 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steven D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415- 989 -2100 Fax: 415- 989 -2101 28. TERMINATION AND DISPUTE RESOLUTION 28.1 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. 28.2 STEPPED DISPUTE RESOLUTION In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, besides a default as set forth in Section 28.1, the City and the Consultant agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party within ten (10) calendar days of being notified of the dispute. 13 Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining disputes by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties within thirty (30) calendar days after the failure to resolve the dispute by direct negotiation. All parties agree that Consultant shall be required to submit a Tort Claim in conformance with the Tort Claims Act (Government Code Section 900 et seq.) and that this Section does not alter the Tort Claims Act requirements or toll any time limitations or statute of limitations set forth in the Tort Claims Act. 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 in effect at the time the work is completed. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements in effect at the time the work is completed 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. 14 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. 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. 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TQ.FOW:... CtTX- OF NFWPORT ,. - --- A Municipal Corporation C -_ By: Aaro C. Harp, Asst. Ci Attomey Edward D. Selich, Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: CONSULTANT: Leilani Brown, City Clerk 0 0 Gregory R. Mottola Vice President W. Dan Haden, III Vice President/ Treasurer Attachments: Exhibit A - Scope of Services Exhibit B - Schedule/ Work Plan Exhibit C - Schedule of Billing Rates 16 EXHIBIT A Bohlin Cywinski Jackson Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, AIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid III, AIA Karl A. Backus, AIA Gregory R. Moltola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA January 5, 2009 Stephen G. Badum, P.E. Public Works Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 SUBJECT: Newport Beach City Hall and Park (BCJ Project# 08519A) Proposal for Conceptual Design Phase Services (Exhibit A, B & C to PSA) Dear Mr. Badum, We are pleased to have the opportunity to collaborate with you and the City of Newport Beach on the new City Hall and Park project. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Conceptual Design Phase only at this time. Per our discussions, a contract amendment(s) to cover the subsequent Schematic Design, Design Development, Construction Document, Bidding and Construction Administration phases will be issued at a later date once the scope of the project is fully developed. 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 Conceptual Design Phase. 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, Gregory R. Mottola, AIA Principal cc: Dave Kiff, Asst City Manager; Steve Chaitow, 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 EXHIBIT A — Scope of Services A. Description of Project Design Scope: Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 2 The new City Hall and Park for Newport Beach will consist of approximately 82,000 gsf of building area, an approximately 450 car parking structure and a park at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue that will integrate the New City Hall building, parking, and park with the existing library facility. This project shall take the design concepts developed during the Design Competition phase and presented on September 27, 2008 and refine them as per the Design Committee's recommendations issued in their November 25� , 2008 report (report with revised date 11- 10 -08). 2. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated 9 August, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 is the basis of the City Hall program to be used for this project. The City has provided the following Initial Project Information that forms the basis of this proposal: a. RFP Q &A (dated 81412008) b. Design Competition Judging Criteria c. Design Competition General Design Parameters (dated 5113/2008) d. RFQ (dated 411/2008) e. Site Water and Wetland Definitions (8/2412004) f. Biological Resources (8/2004) g. Area Description for Southernmost Meadow Area of the northerly portion of the Central Parcel (not dated) It. North Parcel Topo (dated 912312008) i. Avocado Street construction drawings (dated 3129/1990) j. Existing Central Library Elevations (dated 6/11/1992) k. Library Site Plan Part 1 (dated 12121/1994) I. North Parcel (dated 7118/1990) m. Central Parcel (dated 411992) n. Grant Deed (dated 10/1912007) o. Preliminary Report (dated 04/21/2008) p. Central Parcel View (Plane and Topo) q. Geotechnical Study (dated 5/2/2008) r. Needs assessment (updated 2008 spreadsheet) s. Space Requirements (dated 8/912002) I. Space Utilization (dated 8/912002) u. City Hall Design Committee — DRAFT Final Report (REVISED 11- 10 -08) v. City Hall and Park Project Schedule — DRAFT (11- 25 -08) w. Public Works Department's City Standards 'Design Criteria' (Current version as of date of this proposal) 3. Preliminary Project Budget: The Initial Project Information provided by the City of Newport Beach indicates the project budget to be in the range of $450 /sf for the building, We currently understand the project budget to be in the range of $60 +1- million construction costs for the project. During the Design Competition, the City Hall as presented was budgeted to be in the range of $38M, the Parking Structure $12M and the Park at Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 3 $12M. The significant mass excavation and site preparation required to build the project below the required view plane height limit was not included in these numbers. B. Proposed Project Team 1. Architecture - Bohlin Cywinski Jackson • Peter Q. Bohlin, FAIA, Design Principal • Gregory R. Mottola, AIA, Principal In Charge • Steven D. Chaitow, AIA, LEED AP, Senior Associate, Project Manager • Daniel Lee, AIA, LEED AP, Project Architect 2. Consultant Team 1. Structural Engineers — Arup, San Francisco, CA 2. Mechanical /Electrical /Plumbing /FP Engineers - Arup, San Francisco, CA 3. Civil Engineers - Arup, San Francisco, CA 4. Landscape Architect— Peter Walker and Partners, Landscape Architects, Inc., Berkeley, CA 5. Cost Estimators — C.P. O'Halloran & Associates, Inc., Westlake Village, CA 6. Code Consultants - The Fire Consultants — Walnut Creek, CA 3. Owner's Consultants — This Proposal assumes that the following disciplines will be hired directly by the City of Newport Beach 1. Preconstruction Services and Cost Estimating — C.W. Driver 2. Security Consultant — TBD 3. Traffic Engineer — TBD 4. GeotechnicalConsultant — TBD 5. EIRConsultant — TBD 6. Surveyor - TBD C. Scope of Work: 1. Concept Plan Refinement Phase Services ( 14 weeks) At the end of the Concept Plan Refinement Phase, BCJ will collaborate with the Project Team to issue a compilation of the deliverables outlined below. 3 copies of this summary report (11 x 17" format booklet) as well as .pdf soft copy shall be provided to Newport Beach for reproduction and distribution. Additional copies can be accommodated upon request as an additional service and reimbursable expense to this proposal. The following is a schedule of Concept Plan Refinement Tasks and Deliverables for the phase: Concept Phase Tasks — Project Organization I Data Collection I Project Management conditions documents - Validate I coordinate docs with City - Format context site plans Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 4 Existing site utility information - Review geotechnical information - Existing Central Library Drawings - Information on wetland zone - Review ground water conditions . - Review City's site survey G.2 Review needs assessment (program) with City Staff • Issue confirming program report Confirm 2006 docs are still up to date; adjust program if necessary - Review Program Adjacencies G.3 Evaluate possibility of adding Emergency Operations • Issue confirming program report and Center into City Hall Complex budget impact - Confirm implications of making part of or whole complex comply with Essential Services Building requirements Confirm program requirements for Emergency Operations Center G.4 Review and adjust site analysis from competition as • Site Analysis Drawing / Narrative necessary - Review BCJ /PWP /Arup site analysis w/ City, adjust as required G.5 Program for Central Library Link • Confirm and Document strategy for connection to library - Analysis of existing Central Library - service dock, possible points of physical connection G.6 Confirm and Develop site program for park • Issue Program Document for Park - Review use options with City Staff / City Council G.7 Review Sustainability Goals for project • Issue Preliminary LEED Checklist - Review options with City • Identify available Incentives 1 Grant programs LEED Checklist / identify likely point targets G.8 Update Conceptual Phase Cast Model • Issue Updated Conceptual Phase Cost Model / Budget - Review Construction Cost wl Cost Estimator 1 City's Project Manager GA Review Mass. Excavation / Grading / Site Utility • Generate Conceptual Grading Plan Issues Review Soils Export Strategy with City and Construction Cost w/ Cost Estimator / City's Project Manager G.10 Review EIR Process, products, schedule • Collaborative design review and discussion Review process w/ EIR Consultant & City - Collaborative design review to identify and mitigate problem areas Bohlin Cywinski Jackson Stephen G. Badum, P.E: January 5, 2009 Concept Refinement Phase Exhibits / Page 5 G.11 Revised Concept Phase Deliverables • Update Building Plans, Sections, - To improve circulation & promote the OSS Elevations Update drawings / presentation materials for • Design Narrative Approval steps D.2 Review the sail design feature. • Two Revised Renderings To reduce the incursion into the view plane • Digital Animation fly — through (two paths) D.3 Add surface parking near entry plaza. • Physical Model (optional - priced - Confirm desired quantity of spaces sepaately) G.12 General Project Management Tasks • Periodic Project Status reports General communication and coordination with • Weekly conference calls during non - Owner face -lo -face meeting weeks D.5 Internal project management / reporting to • Develop Scope of subsequent SD- CA Owner on progress phases of work Coordination with Subconsultant Team • Finalize overall project schedule Concept Refinements - Specific design studies for competition scheme D.1 Consider changing the "pod" modular sections. - To improve circulation & promote the OSS • Study alternative strategies for breaking concept down floor plates / incremental floor plate steps D.2 Review the sail design feature. To reduce the incursion into the view plane • Study alternative features for Council Chamber D.3 Add surface parking near entry plaza. • Study layout alternatives - Confirm desired quantity of spaces DA Improve the aesthetics of the parking structure. • Study additional screening concepts, evaluate cost implications of alternatives - To look less like a parking structure D.5 Reduce amphitheatre and add parking. • Study layout alternatives, confirm program requirements for amphitheater, confirm quantity of surface parking Reduce amphitheatre to create more open space - Add parking for the park D.6 Integrate city hall and the park better. • Study alternative design strategies for council chamber, review parking / building circulation diagram - Community room needs an outdoor function of should be combined with the council chambers - Council chambers should be able to be expanded - Council chambers is in front along avocado but all the parking is behind the city hall D.7 Reduce light and glare. • Study Alternative Strategies for glare / light bleed - Consider using louvers or other systems to • Revise / update building elevations address light and glare from clerestory windows Bohlin Cywinski Jackson - Building should be reoriented slightly so that the clerestory windows are not as prominent from above the site - Exposure of the west side of the building to direct sunlight should be addressed area Ealing area between city hall and library could be improved to be a nice place to go for visitors, staff, and library patrons This would make the master plan a true civic center that's alive and vibrant The connection between the library and the parking structure was never fully explained Recommendations for further consideration: Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits! Page 6 D.9 Maintain berm along MacArthur Boulevard • Confirm berm as presented in competition scheme D.10 Provide appropriate and effective mitigation of light • Similar to D.7 and glare on the site so that neighboring residences are not adversely affected. D.11 Separate pedestrian and vehicular access ways and • Site Plan and section studies primary circulation elements. D. 22 Provide a floor plan that will easily accommodate • Similar to D.1 future modifications to internal department sizes and layouts. D13 Be logistically feasible, understanding how the • Review construction logistics scenarios duration of construction will affect the surrounding with City's Project Manager commercial, retail and residential area. D.14 Integrate the library so as to develop a true "civic • Similar to D.8 center ". D.15 Provide resirooms for visitors to the park. • Confirm reslroom structure adjacent to Tot Lot in competition scheme D.16 Provide for easy parking for park visitors. • Similar to D.5 D.17 Show strong visual and physical connectivity • Study alternative approaches to between the North Park Parcel and the Central Park strengthening link across San Miguel Parcel (such as textured paving to cross San Mi uel ). D.18 Consider a cafe, small coffee shop, snack cart, or • Confirm cafe shown in competition kiosk for visitors /employees in the city hall building. scheme D.19 Have a vehicular connection from city hall parking to • Confirm vehicular link shown in the library's existing parking lot. competition scheme D.20 Contain the council chambers and the multi - purpose • Study alternate design strategies for community room in a single building or wing separate Council Chamber and Community Room from the remainder of the city offices to allow for easy after -hour and weekend access to the chamber and multi - purpose room. A direct link between the city offices and council chambers for staff and elected officials would be recommended. Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 7 D.21 To the extent possible, design council chambers and • Similar to D.20 community room to be able to act together as a single large community space and provide for the possibility of useable contiguous outdoor space for community events. D.22 Provide access to natural light from all staff • Confirm design concept from workstations. competition scheme 0.23 Provide continuity of landscape treatment from library • Confirm landscape concept from olives along Avocado. competition scheme 2. Basic Services Summary — SD, DD, CD, Bidding, CA A. Schematic Design - To Be Determined at a later date by contract amendment B. Design Development — To Be Determined at a later date by contract amendment C. Construction Documents —To Be Determined at a later date by contract amendment D. Bidding / Negotiation and Permitting - To Be Determined at a later date by contract amendment E. Construction Administration - To Be Determined at a later date by contract amendment D. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as 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. See Exhibit A -1 for BCJ standard format invoice. 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 Concept Plan Refinement phase documents, will be considered as an additional service. 3. If the City of Newport Beach causes the duration of this phase 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 to the schedule. 4. 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 Project Administrator 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. 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. S. 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. Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 8 6. Furniture Design is not included in this proposal, however conceptual furniture plan layouts for select spaces will be developed in the Concept Plan Refinement Phase as part of the design of the building to verify functionality of spaces. 7. The survey or relocation of existing office equipment or furniture is not included as part of these services. 8. 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 -14 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. 9. Architectural survey of the existing buildings: We assume that the existing information on adjacent buildings is available and deemed reliable for our use. 10. Land or property boundary survey. City is required to provide this information at the commencement of the work. 11. 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 12. 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'. 13. 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. See Exhibit A -11 at the end of this proposal for BCJ's standard Electronic File Transfer Agreement. 14. BCJ will assist the City with Permit Applications through the City's EIR Consultant. BCJ's assistance does not include payment of fees, tracking and reporting of permit status, preparation of special research studies, 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. Bohlin Cywinski Jackson Architecture Planning Interior Design Invoice Wilkes- Barre/ Pittsburgh /Philadelphia /Seattle /San Francisco EXHIBIT A -1 - Sample Invoices City of Newport Beach Date: Public Works Department Invoice No: 3300 Newport Blvd. Project No: 08519A Newport Beach, CA 92663 Attn: Stephen G. Badum, P.E. Please Remit To: Bohlin Cywinski Jackson c/o Accounting Dept. 8 West Market Street, Suite 1200 Wilkes- Barre, PA 18701 Re: Newport Beach City Hall and Park / Concept Plan Refinement Phase Fee Basis: Hourly NTE plus Expenses' NTE Fee billed through current invoice: " Expenses billed separately under BCJ Project No. 08519AR For professional services rendered for the period MONTH, DAY, YEAR to MONTH, DAY, YEAR Base Fee Computation Description Rate Hours Amount Peter O. Bohlin $.00 0.0 $ .00 John C. Doe $.00 0.0 $ .00 Total Base Fee Computation $ .00 InvoiceTotal Wilkes - Barrre office Suite 1200 8 West Market Street Wilkes- Barre, PA 18701 570- 825 -8756 Fax: 570- 825 -3744 Pittsburgh office Suite 1300 307 Fourth Avenue Pittsburgh, PA 15222 412- 765 -3890 Fax: 412- 765 -2209 Philadelphia office Suite 1370 123 South Broad Street Philadelphia, PA 19109 215 -790 -5900 Fax: 215- 790 -5901 Seattle office Suite 916 1932 First Avenue Seattle, WA 98101 206 - 256 -0862 Fax: 206- 256 -0864 FAMEN 1 1, San Francisco office Suite 300 49 Geary Street San Francisco, CA 94710 415- 989 -2100 Fax: 415- 989 -2101 Bohlin Cywinski Jackson Architecture Planning Interior Design Invoice Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco EXHIBIT A -1 (con't)- Sample Invoices City of Newport Beach Date: Public Works Department Invoice No: 3300 Newport Blvd. Project No: 08519A R Newport Beach, CA 92663 Attn: Stephen G. Badum, P.E. Please Remit To: Bohlin Cywinski Jackson c/o Accounting Dept. 8 West Market Street Re: Project Name Wilkes- Barre, PA 18701 Fee Basis: Reimbursable Expenses NTE Expenses NTE: $.00 Total Expenses billed through current invoice: $.00 For professional services rendered for the period MONTH /DAY /YEAR to MONTH /DAY/YEAR Reimbursable Expenses Travel $.00 Meals $.00 Reproductions $.00 Postage /Shipping $.00 Telephone /Facsimile $.00 Photocopies $.00 Total Reimbursable Expenses $ .00 Invoice Total Wilkes - Barrre office Suite 1200 8 West Market Street Wilkes- Barre, PA 18701 570- 825 -8756 Fax: 570 -825 -3744 Pittsburgh office Suite 1300 307 Fourth Avenue Pittsburgh, PA 15222 412 - 765 -3890 Fax: 412- 765 -2209 Philadelphia office Suite 1370 123 South Broad Street Philadelphia, PA 19109 215- 790 -5900 Fax 215- 790 -5901 Seattle office Suite 916 1932 First Avenue Seattle, WA 98101 206- 256 -0862 Fax: 206- 256 -0864 San Francisco office Suite 300 49 Geary Street San Francisco, CA 94710 415 - 989 -2100 Fax: 415- 989 -2101 Bohlin Cywinski Jackson EXHIBIT B — Project Schedule f Work Plan: A. Project Schedule and Concept Refinement Phase Work Plan: Stephen G. Badum; P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 11 In reviewing the feasibility of the initial schedule developed by Newport Beach, dated November 25th, 2008 (Schedule Option 1) we propose that the overall project schedule be adjusted to an approach illustrated in Schedule'BCJ Alternate 2' dated December 9, 2008, with two bid packages which adjusts the phases as follows: Concept Refinement Phase: 1/15/09 — 4114/09 City Phase Approval: 4/14/09 7/15110 — Schematic Design Phase: 4/15109 — 8/14/09 City Phase Approval: 8/14109 — 9/14/09 Design Development Phase: 9/15109 — 1/31/10 City Phase Approval: 2/01/10 — 2128/10 Construction Documents Phase: 3101 /10 — 8/30/10 Final City Review Comments: 9/01/10 — 9130/10 Bidding Package 1 7/15110 — 9/30110 Bidding Package 2 10/01/10 — 11/30/10 Construction 11115810 — 4130112 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 November of 2010. B. Concept Refinement Phase Work Plan: The following detailed work plan for the Concept Refinement Phase describes the detailed schedule for the first phase of the project and is the basis for the fees described in Exhibit C: Bohlin Cywinski Jackson EXHIBIT 6 B. Concept Plan Retirement Phase Work Plan Stephen G. Badum , P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 12 Week Weaker Date Ill 0 Events NB present NB Consultants BLJ Present 21 Present Conanllants Present NA 8-Dec -0B 11- Dec -08 1 Kick - of meetings Project Le isOCS Meeting, o, g. scope and schedule UK, S0. SW. AD GRM, SDC, DL Tour df avisliny no hall SB GRM, SDC, DL Meeting with Building Committee UK. SB. SW GRM, SDC DL NA Stan -09 to Jan 09 Council GOel Se Cel iDay, Kareus-SeeMngon Reconfinentlalions in DC, Final Rapod SO SW I I -jw -09 13 Jan 09 cip I Ar.lmn grm Appro al of Process a al se ices BB. All Agreemen115wps at Services.(PCJ Council Achom Ill Approval of PSPJSwpe of Services with CAN SH, AH Driver ..._..___ ..... �.�..._ 1,l Jan e9 _...._ . ..... ,.. .,. ..._......_...._. 2 9esign Session 1 Bu Itlnry Program antl Curchroon ......... ... .._.., ..... .. ......__..._. _•___.... Kick -of Meeting with CW D river slag SB. DO WH, JT, PG, RS GRM, SOC, DL Building InfPrmalien Management (BIM) Discussion SB. DO sell A PG, RS GRM, SDC, DL Merging regarding imphralwas of adding Emergency Open lions B0, BK. SE, WH GRM. SDC, Center DO, JE DL Maeling in edew Woad LEER imPlementa80n goals - input Iron, BC, OK. SB. DO WH GRM, SDC, coumul DL Review 2008 Needs Assessment repotl and pogrom space SB. DO. Dept GRM, BOB, adjacencies with department heads Heads OL Review city's list of design cnmmems - bonding - an, program space DK, BE. DO WH POB, GRM, location SDC, DL Review eilye an of design empap S- site -eg. peri lion to BC. OK. SB, DO WH POB, GRM. POP She, sigh line ount,tem, MC, OL Summary review with serum Design Committee representatives DCR. DK, SB. WH PGB, GRM. POP (12:00 nwn 100 pm) DO. HE, SW SBL, DL Summary review with Building COmmillee(1:0o pre -200 Pm) BC, UK, SB. WH POB, GRM. PWP DO, HB, SW SOC. OL Neil sle,(2:OO pm -3:M pm) Di $B, DW gel PCB, GRM, PWP SDC, DL 219Janf19 22 Jan 09 ... ..... Weekty prgecl Grog z n(erence call IM1Cty represent rues ..... ......__. OK. BB BW .....,......... WH ......as SDC, OL reedea....._. (2:0011 3 26 Jan 09 3I Jan 09 Count lACl on llam Approvalo(PSAwO EIR COnsultanl 6W AH _�...,..... .._.. .._.. .�...... 28 -29 Jan 09 .. ._.._.__ ... ............... J Design 8eselch2 Site Issues ........... .... .,......_...... _..........�. _. ........... CMI meeting, a g. subsurface water, removal of spoils, water quality Se. CO. BD WH GRM. SOC Amp Civ9, POP EIR meeting, -dogs, process. products, horypi schedule SW, $B WR Erg TED GRM. SOC Arup CtvA, POP Landscape meeting, welland5. connection of larMSCpaPe to building, sH. DO WH, EIR TED GRM. BBC Amp Civil largercontert PWP Carage nnuglny Iecllnical issues, pd,kiny reywrementa, l9rger city SB, DO. DL, BD WH. EIR TED GRM, 50C Arup Civil, dmevt ispel (ri views) POP Meeli,y, regadin9 cpnslreclion phase -e.g. sequer,e. how toner. Ste. DO. BD WH GRM, SOD Amp Ciwl, will affect adjacent areas POP Summary review with select Design Committee representatives DUE, BK, $6, WH GRM. SDC Amp Civil, (12:00noon 1:00pm) DO, 110. SW POP Summary review An Bidding Committee (1:00 pm- 2:00 Pm) BC. DK, SB. WH GRM, SDC Amp Civil, DW. 16. SW POP Next Step, (2:00 pm -3:0) pm) UK. SB. DW WH GRM, SDC Amp Ciwl, POP ed.... ..... Iy I Progress mnlerence callwN[ly repress gal ves .. DK, BB DW YYF1 GRM SDC. ash ..... a5 neetle0 (2:00 Pon I DL Bohlin Cywinski Jackson Stephen G. Badum , P.E. January 5, 2009 Concept Refinement Phase Exhibits 1 Page 13 —....__. T.__—_. T..__.._._. 16Mar -09 19 Mar 09 Weeklyprojed progress conference call wtlh mdy representatives ..____....__— DK. SB.OW ..______..._..__._ WH GRM. SDC, as needed (2:m Pm.) e. Concept Plan Refinement Phase Work Plan OL .___.. .. _. .. ......__._. 11 DMaf -09 25 +26 Mar09.) Design Committee M Ing 2.Oesg Se - .fi..... - Week Week of Date Mtg. % Events NB present NB Copsulants BCJ Pre sent 8CJ WH GRM, SOC. possibly PWP Present Consultants OL Design COmmelee Meeting- Inincwde padicipafonhypuhGc 600 CC. SE. OK WE Present 5 9-Fe"9 11 +12Fii 4 Design Session 3- Building and Site Refinement - Of PmwdAyTVP Meeling to discuss next slaps, final products for on refinement Design update meeting SS. OW, BD WE PUB, GRM, phase OL SOD. DL so. DW WE Building systems meeling - review stmirine., MEP. Lighting se, DW, 8D WE GHM, SOC, Nrup Sli OL Summary review with select Design COmmitlee repm5rrdelive5 Di OK. SB. DL MEP. Lighting possibly PWP Suslainabillly meeting- renew LEED. opportunities ungue to Se. Des, Be wH GRM. Soo. Arno MEP, Summary review with Belong Damneder, (1:0D pm -2:00 pm) Newport Brinn WE GRM. SOC. DL Lighting OW. MR. SW Inlrodudian ed cnia ofri.1 to pm,i Se. De, JE WE GRM. SOG " WE GRM. SDC, possibly PWP OL OL Summary review with Seledl Design Comodee represenli Di DK. SO wH POe. GRM. GRM. SDC. possibly PWP (12 00 noon -100 pm( DW. HO. SW Sec. OL Summarymviewwilh Building COmmillcc(lWpm 20(lpm) BC, DK, SO. WE Poe. GRM, OW. He. SW SOC. OL Next steps (2:00 pm 100 pm) OK, SO. OW WE PUB. GRM. sec. OL 6 16 Feb 09 19 Feb 09 Weekly protect plog e55 wnlerence call in c I y represe I hues � � _ ON. SB Ow � WH - - GRM SO as needed 12:00 p.mJ OL ] 2J Feb 09 25+2fi Feb 09 5 Oes�gn ff a Meeting 1, Oemgn session 4 Meeting with Cgy Stan prior to public meeting OK. SB. DW WE GRM. SOD PWP Design COmmillee Meeting -to include padicipalion by public Wed, DC. SO, OK WH GEM. 5O0 PWP Feb 25, 2009 - 400 pm Meeting to discuss next steps. final products for swooned efinement OK. Se, DW WE GRM. SOC PWP Phase Summary re view wim select Design Cwmminee repmsenlalives OCR, OK, SR. WE GRM, SDC PWP (12:00down 100pm) DID. Hi SW Summary review with Building C(v illee(1,00 me -2'.00 pm) BC, OK, SO. WE GRM, SOC PWP DW. No. SW Nexl slaps(2AO gm, 3N pm) OK, SR. DW WE DEC. SOC PWP 8 2 Mdr 09 OS Mar 09 Weekly project grog conference cak i W, h [ ly repms¢ labves OK, 58, DW W--E- GRM11 SOC. as n¢¢d¢tl (z:oD p.mJ DL Postage to Estimator for revised cowl genoxere 9 9 Mar 09 11+12 Mar 096 Des I g Session 5 pes gn Rev se w a d Engmeenngl9ystema Meeling[.review updates to design based on public input se, DW WH PUB" GRM' PWP SOC Landscape meeting SO OW wH PG8?, GRM. PWP See Summary review with select Design Committee repmsenelivas DCR. OK, SB, WE P08?, GRM, PWP (12:00 noon -100 pm) OW. He. SW SOC Summary review with Building Committee (101D pm- 2:00 pmt BC, UK. SB, WH Pi GRM, PWP OW. HE. SW soc Next steps (2,00 pm- 3:00 send OK. Se, DW WH POB'. GRM. PWP SDC —....__. T.__—_. T..__.._._. 16Mar -09 19 Mar 09 Weeklyprojed progress conference call wtlh mdy representatives ..____....__— DK. SB.OW ..______..._..__._ WH GRM. SDC, as needed (2:m Pm.) OL .___.. .. _. .. ......__._. 11 DMaf -09 25 +26 Mar09.) Design Committee M Ing 2.Oesg Se - .fi..... - .... ___.. - -- ...... ... .__ ............ ............. Meeting arm city staff prier to public meeling OK, SO, DW WH GRM, SOC. possibly PWP OL Design COmmelee Meeting- Inincwde padicipafonhypuhGc 600 CC. SE. OK WE GRM, SOD, possibly PWP P. Wed Mar 25.2009 - Of Meeling to discuss next slaps, final products for on refinement OK. SO. DW. Be WN GRM. SDC. possibly PWP phase OL Review preliminary cost eelimale so. DW WE GRM. SOC, possibly PWP OL Summary review with select Design COmmitlee repm5rrdelive5 Di OK. SB. WE GRM, SOD, possibly PWP (12:00 noon -1:00 pm( DW. me, SW OL Summary review with Belong Damneder, (1:0D pm -2:00 pm) BC, DK, SO. WE GRM. SOC. possibly PWP OW. MR. SW Of Next steps (2:00 gm - 3:00 pmt OK. 58. DW WE GRM. SDC, possibly PWP OL Draft of Project to council forrevien so, DW WH GRM. SDC. possibly PWP OL Bohlin Cywinski Jackson St pheO G.6arpm,P.E January 5, 2009 Concept Refinement Phase Exhibus/ Page la B. Concept Plan Refinement Phase Work Plan Week Week of Dale MIg. 4 Events NO present NO Consultants BCJ Present BCJ Present Consultants Present _.....i2 30- Mar: __•. ... .. e_.. ..., 09 02 Apr 09� WeeFly pro eJ wnlercnce tall rdlL al 1 ymy 5 yreyresen dives _.._.._ _.._- _..._. OK. SB OW WH -- ___..._....... GRM SOC as neetleJ 12:00 p.mJ DL _- _....- ....... .... ... . t3 6- Ayr- a9...... 09 N..09. .. Waepl .. .. .. pr yPrajed grog lucnce tdllw le ply represe laves ._ -. _. __ -. _ .... ........ . OK. 58 OW WH _ ___.___.. ..__... GRM $UC. as neetleC 12.00 p.mJ OL - . - -1413 Ap -09 16NSAPr 09 0 Fnal CancePI APP OVaI, Final Canc Pl Desgn bsues N,khe"ad City Council Meeting - Tugs. Apn114. 2009 Review of final torrent CC WH GRM,$OC in 4A0 Pm sway sassdn Clry Council Mee ting - Tues. Ayiil W. 9109 Presentation of linal CO WH GRM. SOC ranreyt in 7:00 pm nodular session Pollow up session with BnAding Commitlee arM City Staff BC. SO. DK. WH GRM. SOC OW, He. SW Kick -all of Schematic Phase DG. 513, OK. WH GRM. SOC OW. He. SW Notes: Notes: Each two Jay session assumes: CC -- City Council Nghl -eemre arrival ED Suiding Comminee -- -9:00am 500 primeelings first day Ed Selich 900 am 3 00 pm meelings second day Ow Webb Steve Rdsansky CC - Full Design Cpmmillae OCR Design CommiRee Raps OK -- Dave Kiff SO- Steve Sadum DW - Dave Wehb He- Noreen BlWau AH - Asron Harp - SW -- Sharon Wood DL- Dave Lend. Manning JE - Jay Elbetlar. Building BD- Building Depaffranl Rep WH - William Hahn, CW Driver JT - John Th arece. CW Driver RS - Robed Shale,, CW Orver PG - Paul Gruff. CW 0141, Add E)R Conaupane, PUS - Peter BoMin. BCJ POB's allendanee TBD GRM - Greg M.U.M. BW SDC - Steve Clshtow, BCJ END OF EXHIBIT B CL- Daniel Lee, BCJ EXHIBIT B Bohlin Cywinski Jackson EXHIBIT C — Schedule of Hourly Rates / Fees: A. Schedule of Effective Hourly Rates 1 Discipline - Architecture Bohlin Cywinski Jackson Staff by Classification 2009 Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff 2 $85 Staff 3 $65 Office $75 2 Discipline - Structural Engineering, MEP, Civil, Sustainability Arup Staff by Classification 20U9 Principal 1 $325 Principal 2 $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineers $130 Graduate Engineer $110 Senior Drafter $120 Drafter $110 Clerical $85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architecture, Inc. (PWP) Staff by Classification 2009 Peter Walker, Director $410 Douglas Findlay, Director $305 Partner $190 Associate $125 Landscape Architect $100 Staff $65 Archivist / Librarian $150 4 Discipline - Cost Estimator C.P. O'Halloran Associates, Inc. Staff by Classification 2009 Principal $185 Associates $125 Senior Estimators $115 Assistant Estimators $95 5 Discipline — Code Consulting The Fire Consultants Staff by Classification 2009 Principal $190 Stephen G. Sadum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 15 Bohlin C winski Jackson Stephen January 9 Y January 5.2009 Concept Plan Refinement Phase Exhibits I Page 16 EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task - (BCJ p 08519A) GA - Compile and Review City - provided existing conditions information 2009 Hn,es Hourly Rate Extended ___ _- ...._- Associate J Keller ........... .......... ............ . ... . _.... ............... ....... _. .............. _.._... __. _. Subtotal -Task G.1 $ 1,890.00 G.2 - Review needs assessment with City Staff I Issue confirming program report 2009 Subtotal -Task G.2 $ 12,270.00 G.3 - Evaluate possibility of adding Emergency Operations Center into City Hall 2009 Subtotal -Task G.3 $ 4,720.00 G.4 - Review and adjust site analysis from competition as necessary 2009 ......... .......... ......... ........ ............................... ...... ........ . ....,. .. .. Subtotal - Task GA $ 3,090.00 G.5 - Program for Central Library Link 2009 Hours Hourly Rate Principal............_ G Mottola ._— ._--- .._...__._..... ....._ $285.00 $ .— .......2.280.00 ...... PrincipaL .. .......................................................................... Bohlin...,.... ............................... ...........8......... 0 ..................... ..................... ......... $ 285.00....................................... $........ .. ......... ..............P .......................................... ............................... Sc Associate S Chailow .................. ............................... 16 $160A0 $ 2;560:00 Staff 1 0 Lee ...... ......... ......... 4 ..................... $105.00 $............... 420; 00 Aesnc ale ..., ....I Keler ... ... .. ... ..,.. ............ .......,.... ... ........ i8. ....... .... ............. .. $125.00 $ 2.000.00 Bohlin Cywinski Jackson Stephen G. Badum, RE. January 5, 2009 Concept Plan Refinement Phase Exhibits / Page 17 EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task - (BCJ It 08519A) ............................ ............................... ............................................................... subtotal boom 54 .................. .......... ...... .............................................. ........... ........... . ..... .. ...... ........... ... .......... I ........................................................ ... .. ......... Subtotal -Task G.5 $ 8,090-00 3.6 - Confirm and Develop site program for Park 2009 .......... 1.11 .......... . ....... . ...... subtotal hours ........................... ...... ........................................ ........................ ............... 42 Hours_ Hourly Rate . ...... Principal G Mottola - $285.00 $ 2.280.00 ­P­ r.i.n. cipal P Bohlin . . . 4 ........ . ..$..2. 8. 5... 00 ..... $ 1.140.00 Staff 1 D Lee 4 ............ ........... ........... ........... ....... . .................. ....... 1 6 ............. Associate J Keller Staff ? §10 2 R SmDson G.7 - Review Sustainability Goals for Project 2009 ......... 2 .. .......... .§6V................................................. ................. ............... .................................. - ......... I ............................... 2 Y R�qqjk�_ 8 ............................ ............................... $85.00 .... ­- 680.00 §Wft 2 R Simpson %8K66 dffiz� . i k1shi, - - , - - - - - - , , 4 , V5 60 ....$.................300...0.. :1 .......... 1.11 .......... . ....... . ...... subtotal hours ........................... ...... ........................................ ........................ ............... 42 ............. .. ... ... ...... ........ .... .. . ...... Subtotal - Task G.7 $ 6,030.00 G-8 - Update Conceptual Phase Cost Model (coordination with cost estimator) 2009 Hours Hourly Rate ..0.n4 �.�iii �i ............... .... ��.Wi.66 .... - ...... ........................................................................ .............. - ............ Q PM.00 3,.-4,20,00 P.A.P. � i P Bohli - n --- ....... .................. ............ - ..... ...... ........ ........ _ ................. ........ iff6 .0 1 0 1 ....... .. _­ $ .... .. .......... .... . Sr. Associate S .. Chaitaw 24....................$285:00 1130-.0-6 _$ -3.-84 .. 0.0 . 0 SO_� - -b-DW . ......... ........... ....... I ... ......... ....... ............................... ........ 9� ...... ... ............................... �: . U6 '66 A�s' �'_ethe J Keller - - - - - - - -- - _0 $1_25.0_6_ 2 -Y-Rig-gie Staff -- 2 R Simpson _._ -0___ ------ $85.00 Office J Kishi 4 $75.00 $ 350TO ........... ......... ___ ........... ............ ....... ............... I ....... ....... .................... .................................. subtotal hours ...................................... s ..... I ...... .......................................................... .............. ........................................................... 48 . .. ............... ........ ­­­­ ....... ....... ....... ............................... ................ Subtotal -Task G.8 $ 8,400.90 G.9 - Review Mass Excavation I Grading I Site Utility Issues 2009 Hours Hourly Rate 5lf��paf 6 M�ij6ja ........ ....... ........... I ........... ....... I .............................. ...... � $285.00 1,710.6 0 P Bohlin ­171,60 $285.00 —00 $ - _Principal Sr. 5 Chaitow $ 1,280.00 ........................... ............................... 4........... 420.00... Aswciaw 8 .........$105:00............... $125.00 1,600.00 .......... ....... - ...... - . .......... I .......... I ....... ...... .......... ................. 2 Y Rig9l' ....... 12 .. ........ I ............ ...... $85.00 $ ...... ­­ ........... 1,020.00 MaY- . . ....... ...................... ......... ........ .......................... ................................ ...................... 2 R Simpson __ 8 ....................................... $85.00 $ .... .. ...... 660.00 G.10 - Review EIR Process, Products, schedule ................ - ... ........ .. .......... . . ..... . ... ..... 2009 illy Rate Bohlin Cywinski Jackson Stephen G. Badurn, PE. January 5. 2009 Concept Plan Refinement Phase Exhibits / Page, 18 EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task - (BCJ # 08519A) Assoc,ale J Keller —4_ — -$ -_17 ......... _50-000 Y .. .. .. -,_. ._..__,.,____.__125:00__....... ... $85.00 " , " , 34U0 Staff 2 R Simpson 0 ...... ....... ......... ....... $85.00 . $ .1 ... ....... . ........ Office j KISH .... ............. .................... - ...... 4 $75.010 ................................... $85.00 .......... job UO .................... ....... ........ ­­­ .......... ............... . ........................ ............ ................................ .......................................................... subtotal hours 38 .... . .. ............... I ....... ....... ....... ................... ...... ....... Subtotal -Task G.10 $ 5,360.00 G.11 -Revised Concept Phase Deliverables I Drawings 16,220.00 2009 2009 Hours Hourly Rate Principal I Principal 1`7............ ............. ...... .... ........ I ....... ­­_ ........ ...... 9,120.00 - P rindpif ... OB.onfi.�; .......... ....... ......... - .... ...... ........................... ... ..... ........ 16 ......... $285.00 ....77.7.7_........_.... 56000 Sr. Associate , 'Schallow 32 $160.00 $ 5,120.00 Stall 1 0 Lee ............... ...................................... ...................... I_- I ........ ....... 1 , 2 . 0 ...... ...................................................................................................................................... ­­­-I.. $ - 1 _. 0 . 5 . 0 - 0 ................. $ .............. I .. 2 . 6 . 0 0 . 0 . 0 ... Rendering Pixefcrafi Computer renderings - 2,1\16w, Renderings K ea.) ....... V 18,000.00 , , , ............. m ... ....................... subtotal hours 620 .............................. ... ........ I.., .......... ........... ... ....... ... ... ................... ....... ... ........... ....... I ........... ....... ........... ....... ..... Subtotal -Task G.11 $ 89,300.00 G.12 - General Project Management Tasks (meetings on site, conference calls, proposals, Commu 2009 Hours Hourly Rate ................................ .......... P Bohlen ........... .............. ....... ................... .................. 64 11 ... .... I ...............$ $285.00 ......... S Challo. ...... i1jiJ­ ...... ....... $71- ..... .............................. ............................................... ...... - ..... ....... I__ 8 ............... 6 - . .... ...... $505.00$ .......... ... J . Keliv ....... ....... I ....... 4 ....... 720.00 ........... ...... ...... ..., ................. ...... ................................... ............... 14 ................................... $85.00 ............ $ Subtotal -Task G.12 $ 93,930.00 DA -Study changing floor plan modular'pod'sections 2009 Associate JKeller 16 $125.00 s . ............ ZOO* 6.00- staft 2....._......_...Y -R-ig-gie 1-6 - -$8-5.00- 1,360.00 Stall. ? R S i mp s o n 720.00 Offic. Ykiskl ................ ....... ........... ................. 0 $75.00 ...... I ....... ...... .... . .............................. ................... ­­ .......... .......... . I.., ...... .................... ........ I ....... ....... I ....... ........... subtotal hours 120 ...... ............. ................ .............. ............... I .............................................. ..................................... ...... ....... Subtotal -Task D.1 $ 16,220.00 0.2 - Develop alternatives I refinements to 'Sail' design feature 2009 Principal 1`7............ ............. ...... .... ........ I ....... ­­_ ........ ...... ........ ........... ...... ... Principal P Bohlen . . . ................................ .............. ............. ................... ......................... ............. .................................................. a I .................... I ...............6 $28500 . . ... . $ .... 2. ,2. 80­ .00 - 0- $75 .0 0 ............... ....... ............................. ........... ....... .. ................................... I ....... I ........... ....... ....... I ............. ........ .............. subtotal hours 68 ............... ......... ............ I ......................... __­ ................................................................ - ....... I .............................................................................. I ....... Subtotal - Task D.2 $ 9,6757.0-0 D.3 - Add surface parking near entry plaza 2009 Hours Hourly Rate Bohlin Cywinski Jackson EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task . (BCJ 9 085119A) Stephen G. Bader, P.E. January 5, 2009 Concept Plan Refinement Phase Exhibits I Page 19 Principal G Mollola 1 $285.00 $ 285.00 Firinll:ai W.00 I $285M 16 ....... 285*.O'G Sr Associate . . . I I S .. C . h .1 a . 2 '$1'6'0'.Q'O''' '320,*0,0, Staff i 5 Lee 2 $105.00 $ 210.00 0 . c W,� ........... ........ ........... .. - ... ....... - ...................... I ....................... ........... ........... 0 ...... $125.00 1. .. .. . ................. $ ................................ ................. 340.00 ........... Stall Y Riggie 1 $85.00 $ 00 85.00 8.. Sfeilf . 2 ... .......... R E�nn��W .... ............. ........... ............... I ............... ........... .......... 0 .., ........... . . ­ ......... $85.00 - ... t . R-isht ----------- - - ----- DA - Study refinements /enhancements to parking structure aesthetic treatment 2009 . . . . W ll As a 0 Cle Aear - 24 ... ..... I ... ....... I ................... ...I.- ­....., 4 125...... ..............................' $.00 ,* '3'**0-0-*,0-0-* $ .0. . ... .. Sto 2 Y M qge W.00 -- $ 2.720.00 ................................ ....... . 2 RSTHOO 16 ....... .. .. I ... 1.360.00 .. . ...... ..! ........................................ ......................... 611�e Kishi I .............................................. ....................... 0 $75.00 ........... ...............J ............. ... ....... ................. I .............. .............................................................. .................. ..................................... I ................ .............................................................................. ............ subtotal hours 93 .................................................................................. ........... ............ .................. ....... $125.00 $ Subtotal -Task DA $ 11,250.00 D.5 - Reduce amphitheater - refine entry plaza I ... ....... ... ........... ...... 2009 $ ................. 340.00 Hours Hourly Rate ......................... ..................................................... ........................................... Principal G Mottola ................................... 1 ............. I ............. $285.00 .................. ....... .00 Prim P Bohlin 1 $285.01) .......... 285.00 .................. ............. ............... __ .................................................. Sr. Associate S Chailow, . ..... . .................. ... ........................ I .. ....... I ... ....... ....................... I ....... .......... I .......................................................................................... 2 ....... I ............... ....... ............. . - $160.00 .... ... .... ­1 .......................................... $ 320.00 ....... _.. ........... ­­ - - - -- - ---------- ------- - ----- - ------ 6 ........... ------- ms.00 -- - ----- - -- ­ t _. Staff2 ................ R§impsnn ............................................................................................................ ............... ...... .... ... .......... ................................................. Offce J Kishi 0 $75.00 $ ... ....... ....... ........... . . ........................... ........................... ...... . ..... ........... I ................................................................................. subtotal hours 18 Subtotal -Task D.5 $ 2,360.00 D.6 - Study ways to integrate City Hall and Park 2009 Principal............... ... ....... I ...... ­ ... .......... ................................... I .... -.1.1 ... ..... I ... ....... I ................... ...I.- ­....., 4 .......................... I .... .... $.2.81S...0.0 ........ I ........... I ....... . I ... Sr. Associate ........................................................................................................................ S Chailow ..................... 4 ......... $160.00 -$............._1:140 $ ...9.0 ... 640.00 .��fA.y ............... ... bUi ... ­ ............ ................... I— ........ ­ ............................ ....... - .. ....... .................. titff.66 ..... f ............ .... A.Z.6d.. Associate J Kellar 4 $125.00 $ 500.00 .............. ................................. ......................... ........ ....... ..... I ............. I ... ....... ... ........... ...... ................................................... $85.00 $ ................. 340.00 RS ............................................................. $85.00 $ ....... .......... Office J Kishi ............. subtotal hours 28 ...... -------- -- ----------- - - ----- Subtotal , Task D.6 $ 5,320m D.7 - Study ways to reduce light and glare from building I site 2009 HaER. Hourly Rate Fy,im�,pgf G Moltola 4 $285.00 $ 1.140.00 Principal' P-Bohlin ...... . .. .. ... .. .... .... .. . .... . . . '2 ... ........ �ffbb f 00 Sr. Associate .. .... . . ... S Choirs. 8 $160.00 $ 1.280.00 4 $105.00 $ 3 420.00 Asi6ciae ..Keller 6 918.bb t .��fa.......... ............... 2 I ............ ............................ .. ....... ........... Y Riggie ....... ......... ....... ...................... I ... ..... ............. ............................... $............._2:040.00... ....... I 2 * * . .. ................ . . . R Simfpscm ............................ .24...................._$85.00 '"D . .. .... "U9,60, , " - $_,,.......,,.2040.00 , " . ... MW... Office ....... .. I ...... J Kishi ... ... ... 0 $7566 - ....................... .................. .................................................. ......... ............................................................. subtotal hours 66 I ............................ I— ...... Subtotal- Task D.7 $ 7,490.00 Bohlin Cywinski Jackson Stephen G Badurn, P.E. January 5. 2009 Concept Plan Refinement Phase Exhibits / Page 20 EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task - (BCJ # 08519A) D.8 - Study improvements to link to library 2009 ................. . ...................................... 2 .................... .­ ....... ....... ............... I ....... ......... ...... 2 ................................. ........... ........................................... 6 ................ I ....... ....... I ........... ........... ...... -.1­1 ... I... .................................. .. .................... ........... ....... I..., ................... I ....... I ........... subtotal hours . ..... ... ... 30 ................... .................. - ............... I ......... - ........ .............. ................... Hours Hourly Rate Subtotal - Task D.8 $ 4,280-00 D.9 - Maintain berm along MacArthur Blvd. ... ........................ ...... � ­1 ..... ............................................. Principal P Bohlin ............................... 0 ... ....... ..................... $285.00 • Confirm berm as presented in competition scheme satifies this comment Sr. Associate S Chaitow 2 $160J)O $ slawl _ff Lee .......... ;f .... Subtotal - Task D.9 $ D.10 -Provide appropriate effective mitigation offighthillare on site so neighboring residences are not adversely affected • Confirm that this task is essentially sander to (ask D.7 ................. ­ ....... ...... ....................... ............... ........... ....... ........... ....... ...................... ............................................ ................. Subtotal -Task D.10 $ D.11 - Develop design strategies for separating pedestrian /vehicular site circulation 2009 .......... ... ....... ....... I Hours Hourly Rate .................................. ......................... ....... - ................. I ........... ........ ........ Principal G Mottola . ...... $285.00 $ 570.00 Principal P Bofilin ffs�.- - 90. $ 57-0'.00, .......... Associate ................. .................. ...... ...... ....................................................... 4 1 . $160.00 ...... _ ................. ................................. ........................ I ................................................................ - .... ..... ...........s..ubt.ot.al..hou.r.s .4... � ... ... - ..... _- ........... ­_ ........... ....... ... ­ .. . ... ....... ........... I ....... ... ........ ...... .. ..... ............ , ­_­ _ . ........ . ...... . .............. ....................... . .............. . .. ............ . ......... .................. ................. . . Subtotal -Task D.11 $ 5,660.00 D.12 - Provide floor plan that will easily accommodate future mods to internal department size I layouts • Confirm that this task is essentially similar to task D.1 0.113 - Studyways to make project logistically feasible, understanding how construction will affec 2009 Hours Hourly Rate 0 1.. nincipal .. .... ­.­ 8 ...... ......... $ . 2 , 8 . 5 . .0 .. 0 ................. $..............2280.00.. Sr. Associate , stKattow- 76 v6666 . ... ... z56-0.60 ................ ff.ce� ........... ..................................... I ................................................... .... 4 ................ $ 105:00 . . . . . ­ ................ .................4....0..0.0... $ 4 2 0. 0 0 Staff1 I ................ I .... _1 ..... .... ................ ....... ... ........... ........... ..... ­­ ..... .1 ....................... ....... .............. ....... __ ­ ..................................... ...... ....... ....... .... ... .......... ... I ....... ........ ........... I ....... I ................................................... . . .. ....... .............................. Subtotal - Task D.13 $ 5,910.00 D.14 - Integrate the library so as to develop a true 'civic center' - Confirm that this task is essentially similar to task D.9 D.15 - Provide reshooms for visitors to the park 2009 Hours Hourly Rate 444......4... .6i0a, Principal ........ i v86 (to ... ........................ ...... � ­1 ..... ............................................. Principal P Bohlin ............................... 0 ... ....... ..................... $285.00 Sr. Associate S Chaitow 2 $160J)O $ slawl _ff Lee .......... ;f .... $. _0$ J) . 0 .. .............$................. Bohlin C wlnSki Jackson Stephen G.Badum. R.E. y January 5.2009 Concept Plan Refinement Phase Exhibits t Page 21 EXHIBIT C B. Concept Plan Refinement Phase - BCJ Fee Tabulation by Task - )BCJ # 08519A) Associate J Keller _ 0 125.00 StaO 2 ......Y . P1991e._ ................... ............................... 4 ....... ............._$85.00........... -.. ....$..................340.00.. 2 Simpson................................................................................................ $.................340:00... ................._R. Offl Office ........._ .......................................................................... ..Kishi ................._4............ 0 ........._$85:00............... $75.00 $ ............................... _.._.. _._.._......._............................................................. subtotal hours 75 .................................. ..:....... Subtotal -Task D.15 $ 1,705.00 D.16 - Provide for easy parking for park visitors • Confirm this task is essentially similar to task D.5 D.17 - Study design strategies to make strong visuallphysical connection betw North /Central Park 2009 Office J Kishi .................I........ ...0......................$75.0 ..... ...........$................... - ....................................... ............................... ................................................................................................................................................ ............................... . Subtotal -Task D.17 $ 1,345.00 D.18 - Consider a cafe, small coffer shop, snack cart or kiosk for visitors /employees in the City Hall building • Confirm that Competition Scheme cafe shown satisfies this comment . .. .. . . . .. . .................... . . ... . ........................ . ...... . . . . . ...................................... . . .. . . . . . .................. . ...... . . . . . .............................................................. _ . . . . . . . . . . . . . . . . . . . . . . ........ . . . Subtotal -Task D.18 $ - DA9 - Have a vehicular connection betty city hall parking to library's existing parking lot • Confirm that Competition Scheme satisfyies this design comment Subtotal -Task D.19 $ - D.20 - Study alternate design strategies for Council ChamberlCommunity Room 2009 .. ................ I ...... ........ .. ........ _Hours........ Hourly Rate.................... ............................... Pnncipal G Molloia ................................................................... ............................... 8 $285.00 $ 2.280.00 Principai...............P8 ohli n.... ............................... ................_. ..............................8 ..... ..............$285.00.......... .....$...............2.280.00.. _- ..._ ...... . ......... ...._......__.__ ........................ ....... ......... . .......... ................ .... ..__........._.....__. ............. ................ ........... ............................. .............. . .......................... . . . . .............. . ...................... . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . .... . . . . . ....................................... . ........................................................... . subtotal hours 64 ... ....... ....... Subtotal -Task D.20 $ 12,080.00 D.21 -Study options for combining council chamber/ community room to act as one large assembly space • Confirm this task is essentially similar to (ask D.20 ' D.22 - Provide access to natural light from all staff workstations •_ Confirm design concept lrom competition_ satisfies this request D.23 - Provide continuity of landscape treatment from library olive trees along Avocado Ave. • Confirm landscape concept from competition scheme ...................................................................... ............................... I.. ......................................................................................................... ............................... Subtotal BCJ NTE Fees $ 378,067.25 Bohlin Cywinski Jackson EXHIBIT C ' SUBCONSULTAW FEE SUMMARY. Stephen G. Badum. P.E. January 5. 2009 Concept Plan Refinement Phase ExlfiWs I Page 24 Subtotal Subcorm.1tant Fees $ 191.180.00 Subtotal - BCJ and SUbConsultants Fees 569.Z47 251 ESTIMATE OF REIMBURSABLE EXPENSES See attached summary Total Reimbursable Expenses • N.T.E. S 78.42800 Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits / Page 23 EXHIBIT C Project Name: Project No. Date:. NEWPORT BEACH CITY HALL AND PARK 108519A 115109 INITIAL REIMBURSABLE EXPENSES ESTIMATE (SEE NOTE 1) ATTACHMENT (to proposal) Item No. Description Amount/ No. of Days I Total Remarks Person Miles BCJ Travel Expenses per 2 -Day Trip Transportation to /from airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 3 $66.00 2 Cab fare I car rental $75.00 2 $150.00 3 Food $75.00 2 $150.00 4 Hotel per night $200.00 2 $400.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $1,356.00 BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 2 $44.00 2 Cab fare / car rental $75.00 1 $75.00 3 Food $75.00 1 $75.00 4 Hotel per night $200.00 1 $200.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per one day trip $984.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE P CONCEPT PLAN REFINEMENT PHASE People X No. of Trips 3 2 -day trips; 2 people /trip $1,356.00 6 $8,136.00 1 2 -day trips; 3 people /trip $1,356.00 3 $4,068.00 3 2 -day trips; 4 people /Mp $1,356.00 12 $16,272.00 1 1 -day trips; 3 people /trip $984.00 3 $2,952.00 Additional Trips (If Required) People X No. of Trips All Expenses are Additional Services NIC NIC NIC BCJ ESTIMATED TOTAL FOR TRAVEL/LODGING /MEALS $31,428.00 (SEE NOTE 2) BCJ TOTAL INITIAL REIMBURSABLE EXPENSES $20,000.00 ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONEIFAX, MAIL (REGULAR AND EXPRESS), PHOTOS /PRINTS PER BCJ PROPOSAL PWP Landscape Architects TOTAL INITIAL $17,500.00 REIMBURSABLE EXPENSES ESTIMATE Arup MEP /StructurallCivil /Lighting TOTAL INITIAL $9,000.00 REIMBURSABLE EXPENSES ESTIMATE C.P. O'Halloran Assoc. TOTAL INITIAL REIMBURSABLE $0.00 EXPENSES ESTIMATE The Fire Consultants TOTAL INITIAL REIMBURSABLE $500.00 EXPENSES ESTIMATE Bohlin Cywinski Jackson Stephen G. Badum, P.E. January 5, 2009 Concept Refinement Phase Exhibits 1 Page 24 EXHIBIT C Project Name: Pro'ect No. Date: NEWPORT BEACH CITY HALL AND PARK 08519A 1/5109 INITIAL REIMBURSABLE EXPENSES ESTIMATE (SEE NOTE 1) ATTACHMENT (to proposal) Item No. Description Amount/ Person No, of Days / Miles Total Remarks TOTAL DESIGN PROFESSIONAL TEAM INITIAL REIMBURSABLE EXPENSES ESTIMATE (see Note 3) $78,428.00 lote 1:Reimbursable 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. ICJ's Consultants, the Owner, the Contractors and others involved in the project. BCJ and Consultants expenses for photoslprints. tote 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and n ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur uring the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future are increases in excess of the estimated cost indicated herein. lots 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded. (i.e. due to visions to the quantity of or schedule for BCJ and /or Consultants meefingslpresentalions, changes to costs upon rhich the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be icreased, after written approval of the City is received, based on an updated projection of reimbursable expenses. ,II reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. PWP LANDSCAPE ARCHITECTURE PETE; VLALKER. FASLA v._.53L.AS PNOLAY =; :?Nr RwKCl3KY GAV 0 `rvA1.KER PPIIL SIFf1OfJ $ARAM KVEHL January 5, 2009 Gregory Mottola Principal Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco. CA 94108 gmottola@bcj.com uZ ON•MLLE Regarding: Proposal for Programming arid Conceptual Design Services AoAM GREENSPAN Newport Beach City Hall and Park / BC-1901 Dear Gregory, JANET BEAGLE PAM, RVCHANAN We. appreciate the opportunity to continue our collaboration with BCJ by submitting this proposal for Programming and Conceptual Design services on the Newport Beach City Hall NIA-THEW UONHAM project. This proposal covers services beginning January 5 through April 14, 2009 to meet DAPHNE Eoc,,AROs with City Representatives and refine the competition scheme, culminating in a presentation to the Newport Beach City Council. Specific sorvices to be undertaken by PWP include: JIM GRIMEs 3ANOY HARRIfi 1 . Preparation and participation In bi- weekly worksessions (up to seven) in Newport Beach with BCJ and the Client. Each worksesJon is to be completed within a one -day .!CNNY HENRY timeframe with agendas prepared in advance by BCJ. with input from PWP. [KRIS. SCHF.NK 2. Preparation and participation in up to three public meetings. Including the Council �<CLL'+ i;POKUS presentation on April 14. TAYA PHOLES CORNELIA ROPPEL 3. Collaborate with BCJ and Client Representatives to refine and confirm the program for site use 4. Revise the illustrative site plan to reflect ongoing discussions on conceptual design directions. 5. Develop supporting graphics. such as sections and assemble photographic images which represent and convey design intent. 6. Review and resolve sustainability, goals (i.e.: LEED). 7. Participate in discussions led by consultants responsible for the EIR to gain nn understanding of design constraints and opportunities. including a detanrlination regarding the site wetlands approvals process. 8. Provide a conceptual cost analysis for landscape systems (not including site engineering. such as infrastructure. mass grading, etc.). 9. Prepare and present the landscape components of the project to City Council on April 14. 2009. 73e ALLST l,)N WAY BERKELEY, CA 94:10 T 1, 10.84C 9494 F 510.0; 0.0337 %VVVW.PWPLA. COM Gregory MOHoIa / BCJ Fropcsal 'of Programming and Conceptua' Design Set Aces Newport Beach City Hall and Park / BCJ901 January 5, 2009 page 2 of 2 The products of these efforts include: a. Revisions to the illustrative site plan. as necessay. b. A one -page summary of site program elements. c. Site sections and /or elevations, at a conceptual level of detail. d. Lanciscape cost estimate in an order of magnitude appropriate for the concept stage. e. Assemble graphics and photographic images into a PowerPoint presentation for landscape concepts. revising as necessary as work progresses. Pie above services do riot include assembly or procurement of base materials (surveys. etc.). participation in outside agency jurisdictional agency approvals (such as EIR, ACOE. etc.), formal processing with City agencies, specialty services requiring outside consultants, malels, animations, off -site improvements, or mitigation measures. To undertake the work outlined above we estimate will require the following fees and expenses: PWP Professional Services (Hourly not -to- exceed basis): $88,500 Estimated Travel Expenses (10 person trips): $10,000 Estimated Project Expenses (Plotting, Reproduction, etc.): $7.500 PWP will contract for services with BU-J, who shall be responsible to manage and administer our services. RVP will invoice for professional services monthly, with services billed hourly plus all project and travel expenses at cost (the above figures for expenses are estimates. only). Services will be provided and invoiced per the terms of Appendix A, attached for your review. We look forward to working with you and BCJ on the project and would be glad to answer any questior Is you might have on this proposal or provide further information you may need to define our scope. Sincerely, P7_�... Doug Findlay Cenior Partner / PWP Copies to Paul Sieron / PWP Mar; Pat Mattson / PM) Carmen Arroyo % PN /P PROPOSED WORKPLAN BY HOURS 0 denotes public presentation lAssociate M 10 20 16 20 92 20 16 12 Design Staff 10 10 10 20 16 20 Ni 20 16 12 0 denotes public presentation Bohlin Cywinski Jackson EXHIBIT C.3.b Argo - Concept Desion Fee Estimate Stephen G. Ba ran. PE. January 5, 2009 Concept Plan Refinement Phase Exhibits I Page 28 Desciplme M! 2s in Newport Beach I Cent Calls & Local Meetings Work to Confirm Conce 1 Narrative Total Hours Average Rate Fee Esunale Hours Hours i1i,ersonforlodays Hours SVuctufavPM 1 erson for 2 days 1 16 it person faro cant calls 2 In ea I 1 8 80 104 175 $18,200 Mechanical 1 arson for 1 da 8 1 person for 4 conf calls 2 In ea 8 1 person for 9days 72 88 175 $15.400 Electrical 1 arson for 1 da 8 1 person for 4 conf calls 2 In ea 8 1 person for 5 days 40 56 160 $8.960 Plumbing 1 .,son for 1 da 8 1 pension for 2 calif rolls 2 In ea 4 1 person for 3 days 24 36 160 $5 760 Lighting i erson for 1 da 8 1 pension for 4 cent calls 2 hr ea 8 1 person for 8 days 64 80 160 $12,800 Sustainabilit 1 erson for 1 da 8 1 person for 4 cent calls 2 In pa)) 8 1 person for Stlays 40 56 160 8,960 Civil 2 people for 2 days 32 1 person for 4 cent calls (2 In ea) 8 1 person for 10 days 80 120 160 $19.200 Total Concept Fee Estimate = $89,280 General Scope of Work for SMEP, Lighting, Sustainability & Civil In Concept Design Phase - Verify and firm -up all information presented in the competition narrative. - Arup will attend local meetings and meetings in LA as listed above. Reissue narrative and sketches for the Concept Design Phase - Complete a conceptual study light pollution and glare issues (assume this will be issued as a draft and then as a final version after comments from City) - Specific Civil Scope includes - Determine project conditions for modifying offsite stormwaler entering the site: confirm rerouting does not impart C3 regulations onto offsin, news Resolve appropnale onsite stormwater management practice: i.e. consult with project Geotechnical Engineer to determine infiltration potential and risks, especially areas adjacent to existing structures - Evaluate risks and benefits of impacting the jurisdictional wetlands Determine preference for water reuse options: rain harvesting, greywater recycling for irrigation, etc - Prepare up to two mass grading and volumetric earthwork evaluations Estimate of Concept Design Reimbufsables Expenses for SMEP, Lighting, Sustainabilit &Civil - $9 000 - Travel and accommodations out of the Bay Area. - Costs associated with printing formal submissions. - Courier, fax, and long distance telephone charges. C. P. O'Halloran Associates Inc. CONSTRUCTION COST MANAGEMENT January 5, 2009 Gregory R. Mottola, AIA Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, California 94108 -5729 City Hall and Park Newport Beach, CA Dear Greg, We confirm our proposal to provide concept design construction cost management services for the project referenced above. We understand the project includes a new city hall building, structured parking and site work. Our services will include advising the team on matters of construction costs as questions arise, evaluation of alternative concept design options, preparation of a single concept design cost estimate, estimate review with the project team, participation at a single estimate review meeting at Newport Beach and estimate reconciliation with an independent general contractor estimate if required. For these services we propose reimbursement on an hourly basis to a maximum fee of $9,600.00, approximately 60 hours. We do not anticipate reimbursable expenses. Additional estimating services, estimates of additional project components and monitoring of construction costs at other design milestones are not included in this proposal. We look forward to assisting you with this project. Sincerely, Accepted by, W Ciaran P. O' (loran Bohlin Cywinski Jackson 2659 TOWNSGATE ROAD, SUITE 213 • WESTLAKE VILLAGE, CALIFORNIA 91361 -2792 PHONE 805 - 494 -3703 • FAX 805- 497 -7721 www.cpohalloran.com Z D p models 2565 Third Street #323 San Francisco CA 94107 415.648.5058v 415.648.5069f 6 2 ti�'1 Steve Chaitow BCJ 49 Geary Street, Suite 300 San Francisco, CA 94108-5729 415.989.2100 schaitow @bci.com FEE PROPOSAL # 050109.fee : Newport Beach City Hall SCOPE OF WORK: • model scale : 1" = 40' - 0" • model size : 22" x 60" x 5.5 '(H varies) base • model type : poly chromatic presentation model - (5) representational colors • model materials : acrylic / laser cut and scored (surface finish acrylic urethane) BCJ will supply CAD drawings in requested digital and hardcopy (plot) formats • model base : topographic foam base surfaced in latex paint with wood sub base ( sides to be covered in acrylic and surfaced finished in model palette. • site : grade change of 135' ( contours rendered every 1') roads and site walls rendered • project buildings (2) - city hall and parking garage • glazing : laser scored acrylic • screens : metal etch • roof structure articulated • floor plates, columns, exterior walls, roof elements, screens and glazed elevations rendered • trees : approx. 300 • context buildings - 50 massed buildings in acrylic Schedule : 3 week time frame : start date - mid March for a APRIL 07, 2009 deadline. deadline and fee based on timely model cost: $32,800.00 + ca sales tax(8.5 %) acrylic presentation cover : $400.00 + ca sales tax(8.5 %) travel case : $650.00+ ca sales tax(8.5 %) terms of payment : 50% retainer due week of start date balance due upon completion + any add service thank you, M.Megan Werner ZD p models zdpmodels.com X33 - I -13-0� January 13, 2009 To the City Council Members: At this time when you are voting to approve the design for the new city hall, I Would appreciate your consideration of a viewpoint that I am presenting to you. 1, along with others, have worked hard over the past two years to see that the right actions were taken by the city council regarding a new home for our Newport Beach City Hall. I was able to get Ton Johnson meet with Bill Ficker just days before the first design was to have been approved. You can remember the front page coverage the Daily Pilot gave to Bill's renderings and plan for building the City Hall and its location, above the Main Library in Fashion Island. When the vote came the next day, we were saved from having this first plan which up to that point, had cost us almost a million dollars. All of us know the great need for a new larger and state of the art city hall, much like we did when the current city hail was built. I am fortunate to have know the wonderful men, who along with my father Jim Barrett, made it possible to replace the old wooden City Hall by the pier, with the present City Hall, just as Newport Brach was entering a great period of prosperity and growth, marking it's progress from being a small beach town. The City Hall adjoining the Lido Isle stores like Richard's Market; the movie theater, and the premier shopping and dining spots of the town, really put us on the map after World War II. Looking back, the dedication was a thrilling event. My father, was able to get his dose friend, Governor Earl Warren, to officiate at the impressive ceremony. Now, we come to the present day. After much deliberation, over many years, we have agreed on a new City Hall to be built on the beautiful site above the Library. Each step of the way has been hard fought. But, we have agreed, it will become a reality now. This reminds me of the long fought over design for The Disney Concert Hall. Diane Disney, who was my freshman dorm roommate at USC, inherited the chairmanship of the Disney Concert Hall committee after her Mother's death. Mrs. Disney had funded the building as a gift to the city. If you remember, no one would agree and the controversy over Frank Geny's design had stopped all progress foe several years. Each committee member had their own ideas for how they would change the design. Diane had just about given up when she remembered something her father had told her. It is my opinion that this advice applies to the beautiful design we have chosen for our new City Hall. Walt Disney had always believed that when you have commissioned an artist to design a project, you do not interfere with the work that has been created. Fortunately, the committee members listened and agreed so that we now have the Disney Concert Center which is recognized as one of the finest example architecture in the works. I believe we should likewise leave and approve the design of the Newport Beach City Hall just as it has been designed. Any change destroys the integrity of the building. The feature of the series of sails is so magnificent. It will be a landmark up and down the Pacific Coast being visible from boats and ships at sea and those traveling up and down the highways. I can only imagine how beautiful it will be at night. In my opinion the council members are only playing politics with this issue. Haven't we have seen enough of that over all the preceding years in regard to the design of the city hall? Those same few who object, do not represent the majority of the residents of Harbor View Hills. Please stand up for what is right and do not alter the height of the largest sail so that every one can enjoy the extraordinary building that has been designed for our new City Hall. I greatly appreciate your letting me voice my opinion . 1 am in great hopes that like the Disney Music Center, you, the City Council Members, will leave the design for the new City Hall in tact. Most Sincerely, " if Mary Barrett Blake