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HomeMy WebLinkAbout08 - Back Bay Science CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. 949- 644 -3311 Idalton @city.newport- beach.ca.us SUBJECT: BACK BAY SCIENCE CENTER — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. RECOMMENDATIONS: 1. Approve a final design Professional Services Agreement with Ron Yeo, FAIA Architect, Inc., for $363,000, and authorize the Mayor and the City Clerk to execute the Agreement. 2. Approve a Budget Amendment establishing a contribution account in the amount of $153,000 for the California Department of Fish and Game Federal grant funds in Account No. 7251- C0310600. DISCUSSION: The Back Bay Science Center (previously named the Marine Studies Center) is proposed to be constructed on Shellmaker Island in the Upper Newport Bay Ecological Preserve on land owned by the State of California and managed by the Department of Fish and Game. The project has been undergoing preliminary design since early 2002 and, as currently proposed, consists of three separate buildings totaling approximately 13,000 square feet connected with walkways and roof coverings. A copy of the current site plan is attached for reference. The Department of Fish and Game (DF &G) will use one building for their administrative offices replacing the double -wide modular units they presently occupy. A second building will be used by DF &G as an educational laboratory in conjunction with local middle schools, high schools, community colleges, and universities. The largest building will be L- shaped with the Orange County Health Care Agency using one wing as their permanent Water Quality Laboratory replacing the triple -wide modular unit that the City arranged to have installed on the site approximately one year ago and is currently being used as the Temporary Water Quality Laboratory. The other wing will have a visitors restroom area along with spaces for the storage of DF &G boats and maintenance equipment as well as a small repair shop area. SUBJECT: Back Bay Science Center— Approval of Professional Services Agreement with Ron Yeo, FAIA Architect, Inc. August 26, 2003 Page 2 As a separate project, the University of California at Irvine (UCI) intends to replace their existing 3,000 square foot crew building with a new 6,000 square foot structure to house their men and women crew teams. The existing building was constructed more than 30 years ago when UCI's rowing program had only a men's crew team. In addition to the four proposed buildings, the overall Shellmaker Island project includes site improvements for access and parking, landscaping with native vegetation, bio- filtration marsh basins for surface runoff, salt -water wetlands restoration and expansion, and a perimeter pathway system connecting a series of eight education stations. The objective is to provide an educational setting for the study of water quality, wildlife, and plant life in an estuarine environment. The FY 2001 -2002 budget allocated $500,000 from the American Trader Settlement Funds for the Marine Studies Center project on Shellmaker Island. On October 9, 2001, the City Council authorized installation of the modular units for the County's Temporary Water Quality Laboratory and directed staff to proceed with project preliminary design and to initiate a cooperative agreement with the various agencies involved. On April 11, 2002, the City Council approved an agreement with DF &G to implement design and construction of the Shellmaker Island project and accepted the $1,000,000 federal grant DF &G had obtained. CURRENT STATUS Preliminary design work for the project has been done by Ron Yeo, FAIA Architect, Inc. since early 2002 and is now complete. Mr. Yeo's work was performed under a Professional Services Agreement with the City and included doing research as to needs and objectives, meeting with prospective users of the facilities, and preparing numerous site and building layouts with corresponding cost estimates. Included in the scope of services was preparation of a topographic survey and map and preparation of geotechnical reports based on field investigation and laboratory analysis. A total of $120,000 has been authorized for this completed preliminary design work. The current estimated construction cost for the three buildings (UCI crew building is excluded) is $3,240,000. Including the cost for design, construction management, materials testing, permits, and a 10% construction contract contingency, the total estimated project cost is $4,100,000. A proposal has been received from Ron Yeo, FAIA Architect, Inc. to provide final design of the project. The total cost of $363,000 is proposed for such final design services which consists of three phases: design development, contract documents, and support during construction. In addition to the architectural design work that Ron Yeo will provide, professional engineering subconsultants will be retained for structural, civil, mechanical, and electrical design. The final design proposal also includes the services of a irrigation system designer. Ron Yeo has completed design services for numerous City projects over the years; the more recent ones being public restroom buildings at Bob Henry Park, Balboa Village (Washington Street), and the Bonita Canyon Sports Park. Mr. Yeo also performed the design for the Interpretive Center constructed by the County of Orange SUBJECT: Back Bay Science Center — Approval of Professional Services Agreement with Ron Yeo, FAIA Architect, Inc. August 26, 2003 Page 3 adjacent to University Drive at the "top" of Upper Newport Bay. He is well qualified and his familiarity and background knowledge of this proposed project are invaluable. Staff recommends approval of the Professional Services Agreement for the final design of the Back Bay Science Center. Environmental Review: A negative declaration has been prepared for the Back Bay Science Center with the Calfomia Department of Fish & Game as the lead agency. The document was prepared by Civic Solutions under an Agreement with the City of Newport Beach. The comment period closed August 22, 2003, and a Notice of Completion is expected to be issued by DF &G no later than September 30, 2003. Funding Availability: The FY 2003 -2004 budget contains a balance of $238,000 of American Trader Settlement Funds from the $500,000 initial allocation for the Shellmaker Island project. The balance of those funds are available to pay for the project's final design. In addition, staff is recommending approval of a Budget Amendment establishing a contribution account for $153,000 of Federal grant money. The County of Orange has set aside $1,230,000 to pay for the Water Quality Laboratory building and those funds will be added to the contribution account during the next six months when an appropriate Cooperative Agreement is entered into with the County. Additional revenue sources are being sought to increase the contribution account to meet the estimated construction costs. Upon approval of the proposed Budget Amendment, funds from the following accounts are available to cover the cost of the Professional Services Agreement for final design of the Back Bay Science Center: Account Description Shellmaker Island Marine Studies Center Shellmaker Island Contributions Submitted by: Richard o ston, PE Acting Public Works Director Attachment: Location Map Professional Services Agreement Account Number Amount 7295- C0310600 $210,000 7251- C0310600 $153,000 Total $363,000 -tba� z �• -�l��ll �h Oz OO Q OY N J, 6 - a Oa o� FTvawaa : -eld vals av:+ao....v .v -tba� z �• -�l��ll �h Oz OO Q OY N J, 6 - a Oa o� : -tba� z �• -�l��ll �h Oz OO Q OY N J, 6 - a Oa o� PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA, ARCHITECT, INC. FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. 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 implement the design and construction of the Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Preserve ( "Project'). C. City desires to engage Consultant to provide architectural and engineering services for final design of the Project as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project is Ron Yeo, FAIA Architect. E. City has solicited and received a proposal from Consultant, has reviewed N the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 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 27th day of August, 2003, and shall terminate on the 30th day of June, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Three Hundred Sixty- Three Thousand Dollars ($363,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits, and approvals during the term of this Agreement. 4.2 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to IE 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. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Ron Yeo to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified -5- below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. so 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be -7- filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the 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 Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including_ additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by In operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvement/construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement in by City or persons other than Consultant is waived as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 -12- work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 termination -13- 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo Ron Yeo, FAIA Architect, Inc. 500 Jasmine Avenue Corona del Mar, CA 92625 Phone: (949) 644 -8111 Fax (949) 644 -0449 ISLE 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. -15- 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. -16- All original drawings shall be submitted to the City in the version of AutoCAD used by the 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 the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Steven Bromberg Mayor RON YEO, FAIA ARCHITECT, INC. 0 Ron Yeo f : \users\pbMshared\agreements \fy 03 -04 \1back bay science center -yeo -final design- 082603.doc EVA u4pEXHIBIT A RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX 644 -0449 TO: Lloyd Dalton, City of Newport Beach FROM: Ron DATE: August 19, 2003 RE Fee Proposal for Professional Services for the "Back Bay Science Center" Project Project Scope of Work is based upon the approved schematic plans for three new structures of approximately 13,000 square feet along with required minimal site development. 1. Orange County Water Quality lab & Storage /Maintenance /Public Restroom building 2. Department of Fish & Game Teaching Lab Building 3. Department of Fish & Game Administration Building 4. The UCI Crew building is not a part of this scope The construction budget is $3,500,000. If the existing funding for construction of $1,560,000 is not increased, the Construction Bid Documents will be formatted by deleting some structures and or site work in order to meet the available funds. This concept would utilize some of the existing structures. PHASES OF DESIGNATED SERVICES Schematic Design Phase. This Phase has been completed. It is the stage in which the general scope, conceptual design, and the scale and relationship of components of the Project are established. Design Development Phase. This Phase is the stage in which the size and character of the Project are further refined and described, including architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate. Construction Documents Phase. This Phase is the stage in which the requirements for the Work are set forth in detail. Bidding or Negotiations Phase. This Phase is the stage in which bids or negotiated proposals are solicited and obtained and in which contracts are awarded. Exhibit A Back Bay Science Center page 1 Construction Support Phase. This phase is the stage in which the work is performed by one or more Contractors. The scope for assistance within this phase includes: 1. Attend the pre - construction meeting 2. Review the Contractor's shop drawings and submittals 3. Provide w ritten responses to the Contractor's requests for information 4. Provide monthly job site visits. Provide a construction observation report for each visit 5. Prepare the final punch lists for the buildings and site w ork Post- Contract Phase. This phase is the stage in which assistance in the Owner's use and occupancy of the Project is provided. ARCHITECTURAL Design /Documentation Project Administration services: Consisting of administrative functions such as Consultation, Research, Conferences, Communications and Progress reports. 2. Disciplines Coordination /Document Checking: Consisting of Coordination between the architectural work and the work of engineering and other disciplines involved in the Project. 3. Schedule Development/Monitoring services: Including the establishment of initial schedule for Architect's services, decision - making, design, documentation. Review and update of previously established schedules. 4. Presentation services: Consisting of presentations and recommendations by the Architect to the following client representatives: City Staff User groups Neighborhood groups & HOA During the Design Development Phase: Consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project throughout: • Plans, sections and elevations • Typical construction details • Final materials selection • Layouts of Equipment furnished by user groups • Coordination with Building Official for code review 6. During the Construction Document Phase: Consisting of preparation of Plans & Specifications based on approved Design Development Documents setting forth in detail the construction requirements for the Project ready for permits & bidding. Statement of probable construction costs: @ the Completion of the Design Development Phase and updated at 90% completion of the construction documents 8. During the Construction Support Phase: Consisting of the following Attend the pre- construction meeting Review the Contractor's shop drawings and submittals Provide written responses to the contractor's requests for information Provide monthly job site visits. Provide Construction observation report for each visit Prepare the final punch list for the building and site work Exhibit A Back Bay Science Center page CIVIL ENGINEERING DESIGN/DOCUMENTATION Task 1: Preliminary Grading & Utility Plan: Prepare a Preliminary Grading & Utility Plan for submittal by the architect for review and approval. This plan will include preliminary grades and elevations to show general grading and drainage concepts and preliminary layout of sewer and water facilities. This preliminary design information will be added to a CADD file of the architect's site plan and will be based on the Topographic Survey prepared by this office under separate contact. Task 2: Horizontal Control Plan: Prepare a Horizontal Control Plan based on an approved dimensioned site plan provided by the architect. This would include a computer plot of the site boundary, proposed building and curb locations and will show critical dimensions. This plan will be used for coordination purposes with the architect and for staking control during construction. Task 3: Precise Grading Plan: Prepare a Precise Grading Plan for the proposed development. This plan will be based on the Preliminary Grading Plan and Horizontal Control Plan in Tasks 1 and 2 above and Topographic Survey previously prepared. This will include a quantity /cost estimate for permit purposes and the required Erosion Control Plan. This assumes no offsite improvements are required. Task 4: Onsite Storm Drain Plan: Prepare an Onsite Storm Drain Plan in conjunction with the Precise Grading Plan. This plan will show the location, elevations and sizes of the proposed onsite drain lines and basins. This will include a quantity /cost estimate and the required onsite hydrology. This assumes connection /discharge to a filtration marsh designed by others. Task 5: Water and Sewer Plan: Prepare a Water and Sewer Plan for the proposed development showing public fire hydrants, fire sprinkler services to the detector checks and domestic water and sewer services to within five feet of the building. Fire hydrant locations are to be obtained and supplied by others with fire department approval. This assumes a public onsite water system to the fire hydrants and detector checks and private sewer system connecting to the existing pump station. This includes a quantity /cost estimate for permit purposes and the legal descriptions and sketches required for the easements for the public lines. The site w ill be designed to accommodate a future UCI Crew Building. Task 6: Underground Fire Protection Plan (if required): Prepare an Underground Fire Protection Plan showing the fire sprinkler service from the detector check provided on the Water Plan above to a fire riser 6 inches above the building finished floor. This plan will include the required fire department notes and thrust block details. This plan will be processed through the fire department for their approval. Exhibit A Back Bay Science Center page 3 Task 7: Water Quality Management Plan (W.Q.M.P.): Prepare a Water Quality Management Plan as required by the City prior to permit issuance which identifies Best Management Practices (BMP's) to prevent and monitor potential pollutant sources from entering storm water runoff. At time of preparation of this plan, input will be required from the City of Newport Beach for inclusion within the plan. This plan will include actions that must be abided by at building occupancy. Task 8: Storm Water Pollution Prevention Plan (S.W.P.P.P.): Prepare the required Storm Water Pollution Prevention Plan (S.W.P.P.P.) for the proposed development which identifies Best Management Practices (BMP's) to prevent and monitor potential pollutant sources from entering storm water runoff during construction. We will also aid in the filing of the Notice of Intent (N.O.I.) with the Regional Water Quality control Board. Task 9: Specifications: Prepare the special provision portion of the specification relating to our civil work as shown on our plans. These mark -ups will be provided to the architect for incorporation in the overall project specifications. Task 10: Meetings, Coordination and Processing (T &M Budget): Provide an allowance for project meetings and project coordination with client and consultants and processing of plans with governing agencies. This allowance is for budget purposes only and will be billed on an hourly basis for work as required. This assumes an allowance of approximately 40 man - hours. Task 11: Construction Phase Services (T &M Budget): Provide an allowance for construction phase services as required for the project. This includes responding to RFI's, providing clarification of the drawings and field visits as needed. This allowance is for budget purposes only and will be billed on an hourly basis for work as required. This assumes an allowance of approximately 24 man - hours. STRUCTURAL ENGINEERING DESIGN/DOCUMENTATION DESIGN DEVELOPMENT • Assist in determining any need for Special Studies Provide structural criteria for Geotechnical Consultant • Prepare preliminary foundation layout • Prepare preliminary structural design calculations for typical elements Prepare preliminary framing layout CONTRACT DOCUMENTS Prepare structural design of primary structural system Designate elements to be designed by specialty engineers & specify design criteria Assist in coordination with Building Official Provide structural calculations Provide structural drawings Review specified submittals CONSTRUCTION ASSISTANCE • Make site visits at appropriate stage of construction Exhibit A Back Bay Science Center page 4 ELECTRICAL ENGINEERING DESIGN /DOCUMENTATION 1. Site visit to review existing conditions 2. Required conferences for construction documents 3. Design coordination 4. Electrical drawings and specifications including the following: a. Interior lighting and controls b. Convenience, telephone and data outlets c. Exterior lighting systems including parking area & photometric plans d. Connection to HVAC equipment 5. Title 24 lighting calculations 6. Electrical plan check corrections 7. Review equipment submittals 8. Normal telephone calls during construction MECHANICAL ENGINEERING DESIGN/DOCUMENTATION HVAC: Energy efficient heating, ventilating and air conditioning systems will be provided for the facility. All equipment and materials will be selected for use in a marine environment. The HVAC systems w ill use natural ventilation for cooling to the greatest extent possible. Please note the outdoor summer temperature exceeds 80 deg. F 44- hours per year and 87 deg. F 9 -hours per years. Mechanical ventilation w ill be provided for restrooms, storage rooms, janitor closets and similar spaces. Exhaust and make -up air systems w ill be provided for the Water Quality Laboratory fume hood. Plumbing: The plumbing fixture types and locations will be indicated on the Architectural drawings; the fixtures and trim will be specified as part of the plumbing work. The sanitary sewer, water and natural gas utility services will be extended to the buildings and will include provisions for the future UCI Crew Building. The sizing of the site utilities will be included in the mechanical design services and furnished to the Civil Engineer. It will be determined if the existing sewer lift station is adequate or if it will have to be modified or replaced; the consulting services for the design of the sewer lift station modification are included in this proposal. The Water Quality Laboratory will have compressed air, d. i. water, and acid waste and vent systems. A neutralizer tank and monitor controls will be provided for treatment of the laboratory wastes. All equipment and materials will be selected for use in a marine environment. Automatic Fire Sprinkler System: The buildings will be provided with automatic fire sprinkler systems. The connection to the water service as indicated on the Civil plans, detector check, fire department connection, post indicator valves and fire risers w ill be indicated on the plumbing drawings. Design -build specifications will be provided for the fire sprinkler systems. All equipment and materials w ill be selected for use in a marine environment. Exhibit A Back Bay Science Center page 5 LANDSCAPE ARCHITECTURAL DESIGNIDOCUMENTATION 1. PRELIMINARY PHASE: • Prepare a preliminary planting plan for submittal to California Coastal Commission in collaboration with consultants and the Architect . • Review plans with Department of Fish and Wildlife and other on -site agency representatives. 2. CONSTRUCTION DOCUMENTS PHASE: • Landscape Planting Plan for the dunes, wetlands and fresh water filtration ponds • Landscape Irrigation Plan with drip irrigation for the dunes area only 3. CONSTRUCTION SUPPORT PHASE • Observation of forces to installing plants in the three designated areas. • Assistance from either the Department of Fish and Wildlife or outside consultants may be required in the w etland and water filtration portion of the project, w hich is not part of this scope. WETLANDS REHABILITATION DESIGWDOCUMENTATION 1. PRELIMINARY PHASE: Prepare a prelimnary planting plan for submittal to Calfornia Coastal Commission in collaboration w ith consultants and the Architect . • Review plans with Department of Fish and Wildlife and other on -site agency representatives. 2. CONSTRUCTION DOCUMENTS PHASE: • Prepare concept grading plan for the w etland rehab area to be incorporated into the grading plan by the Civil Engineer • Refine the preliminary planting plan to be incorporated into the landscape planting plan by the Landscape Plan for the dunes, wetlands and fresh w ater filtration ponds • Review the landscape Ranting Plan 3. CONSTRUCTION SUPPORT PHASE Observation and monitoring of forces to installing plants in the three designated areas. Issue field monitoring reports 4. POST CONSTRUCTIONMONITORNING PHASE This is not part of this agreement Exhibit A Back Bay Science Center page 6 ADDITIONAL SERVICES Services which are not specifically identified herein as services to be performed by the consultant, are considered "Additional Services' for purposes of this Agreement. EXCLUSIONS Consulting services relating to any of the following items are specifically excluded from this contract at this time. Agricultural soil testing "As- Built" drawings Alternate power source studies Amphitheater rehab & cover Blueprinting services for bidding Bulkhead design Construction staking or certifications Courier services, overnight express, etc. Economic feasibility studies, Project financing Environmental Studies & Reports Exhibit & Aquarium design Full time Construction Management Furniture, fixture & equipment design Green House design Identification, removal and disposal of any hazardous materials within the site or in existing structures Irrigation and landscape design LEED documentation and /or "commissioning" Monitoring of the growth of the wetlands rehab area after installation Marketing, Fund raising program Offsite improvements Owner /agency and /or coastal commission revisions after approval to proceed Plan check submittals, fees and permits Relocation of existing structures Soils engineering, testing and reports Specialized foundation design other than a mat foundation Title Reports, recorded documents, etc. Trails and teaching station design UCI Crew Building design COMPENSATION - To be invoiced monthly on the percentage completed to date Design Development phase $ 90,099 Construction Document phase 198,901 Construction Administration phase 62,00 Total $ 351,000 Allowance for direct expenses at 1.5 x cost $12,000 If through no fault of the Architect the services covered by this Agreement have not been completed within 2 years of the date hereof, compensation for the Architects services beyond that time shall be appropriately adjusted. Exhibit A Back Bay Science Center page 7 EXI v D_ L L c v u C N V T ro m u V t0 co Q r x w 0 o r � a 0) o i 0 0 0 0 0 0 0 0 Y 0 0 0 0 0 0 0 0 O— N LO Nl!)O -R Q7 l0 C l n t`') (C N V D) ID ONNd'ID - C O , 0II w o 0000 O O O O O O O O O O 0 0 0 I Q O O O O O O O O O O O O O O O o 0 0000 0 ovio 00 0006 vi Li 0 IM: m 0 0 0 0 ID LO 0 0 O O O O N O cD d n co cD D) LO LO V LO N 0 m M LO LO 0 N N — t� �i � N co W ICI d O C p p w N 0 70 O R N 010 , a C14 04 � 0 O 0 l0 J w N Y w p ao O O o,o O O O O O O O O O O O O O O O O O O O O J 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J ovivioovivioovivioov Lo,6C Lo Lo0006Lo W mmrl- LOMmrl- LO M m rl- LO M m rl- Lo r� m rl- LO M �I LO mm _ N. 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M CO N N N cl) = O U I cn - -- X 0 - 0'0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O.O C) O C) 0 -- C) 0 is 00000000000000000000 o000ouio00000000oCp)0ov o 0 -IT p co V N LO it0 ,O O W W (n iN IN I� N O O OFi p - co Icp r r I. co U) U) -- I(!) M O U Z p 7 1 QI _ 0 I JIm I 1 cn I—= — O OI0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 0 0 0 0 0 0 0 0 0 CC 0 0 0 0 0 0 0 0100oo00ooW) W) 0 0W) W) 0 000U W MI CD I` 0 M O I� 0 M O I'l- 0 M CD Il_ (!) M (!) M co J m I W i � m fA 1 , , m I � m• 1 C m w 1 o v rs F-; Z: I ! v�oi a c 3 a W I I W Ic I > c E , V I O Y C o iq i i 9) ` O p v W U cl cl I �I d o p m tnl d cc' a) U c E m 1°° I Iv I I c' cc a QI rya IpI U C �I w W C N 6 N 0 U 0 �I l rn >I ial m m@ n p W OU !a W v6 n F 3 m Q d s d! I 10 l — > °�mm0000 F F F —Oo = QI > p IV) .ob ! v 2 w 3 Q m a p� IUI U. ,V) n -i F �.� CD .-1 v M M fl- N L C v v C v V (n T m t0 Y V CO a L fl s x w U6EXHIBIT B RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -6111 FAX 644 -0449 SCHEDULE OF FEES FOR EXTRA SERVICES & DIRECT EXPENCES SCHEDULE OF FEES ARCHITECT Principal Architect Structural Engineering Project Architect Senior Design Architect Design Architect Senior draftsperson /designer Intermediate draftsperson /designer Apprentice draftsperson /designer Professional administration staff — Ron Yeo, FAIA Architect Inc 130.00 /HR. 120.00 /HR. 85.00 /HR. 75.00 /HR. 65.00 /HR 55.00 /HR. 50.00 /HR. 40.00 /HR. 50.00 /HR. SCHEDULE OF FEES CIVIL ENGINEERING — Principal Associate Project Manager Project Engineer /Land Surveyor Design Engineer /Land Surveyor Engineer /Land Surveyor Assistant Engineer /Designer /Land Surveyor Senior Draftsman Draftsman 2 -man Survey Crew 3 -man Survey Crew Walden & Associates 150.00 /HR_ 130.00 /H R. 115.00/H R. 100.00/1-!R. 95.00 /HR. 90.00 /HR. 80.00 /H R. 75.00 /HR. 60.00 /H R. 159.00/HR. 191.00/HR. SCHEDULE OF FEES STRUCTURAL ENGINEERING — ABS / EQE / JTA Principal 150.00 /HR Project Structural Engineer 120.00 /HR Senior Associate 105.00 /HR Design Engineer 85.00 /1-!R Project Draftsperson 75.00 /HR Draftsperson 65.00 /HR Clerical 50.00 /HR SCHEDULE OF FEES MECHANICAL ENGINEERING — F. T. Principal Engineer Senior Designer Designer Draftsperson Clerical Andrews Inc. 115.00/HR 100.00 /HR 90.00 /HR 80.00 /HR. 65.00 /HR 50.00 /HR. Exhibit B Back Bay Science Center page 1 SCHEDULE OF FEES ELECTRICAL ENGINEERING — GLP Engineering Principle 135.00/HR. Associate 115.00/HR. Project Manager 100.00 /HR, Design Drafter 85.00 /HR. Technical Typist 55.00/HR. SCHEDULE OF FEES COST ESTIMATING — Construction Analysts inc. Senior estimator 90.00 /H R SCHEDULE OF WETLANDS CONSULTANT — Coastal Resources Management Senior Biologist Endangered Species Biologist Word Processor 100.00 /HR 75.00 /HR 45.00 /HR SCHEDULE OF FEES LANDSCAPE ARCHITECT — Katzmaier Newell Kehr Principle Drafting/Technical DIRECT EXPENSES (reproduction, etc) AT COST PLUS 15% 125.00/HR 95.00 /HR Exhibit B Back Bay Science Center page 2 City of Newport Beach BUDGETAMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 006 AMOUNT: 5153,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates for the Back Bay Science Center. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Debit Credit Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4879 Dept of Fish & Game $153,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Account Number C0310600 Marine Education Facility $153,000.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entryy Signed:! Financial Approval: Administr4Ke Services Director Date Signed: � Administrative App vat: City Manager D to Signed: City Council Approval: City Clerk Date