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HomeMy WebLinkAbout12 - Additional Marina Park Design ServicesCITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644 -3323 TITLE: Amendment No. 3 to Professional Services Agreement with Rabben /Herman Design Office for Additional Marina Park Design Services (CAP09 -0070) ABSTRACT: Rabben /Herman Design Office (RHDO) has been retained to provide professional design services for the Marina Park Project. Staff recommends approval of Amendment No. 3 to the Professional Services Agreement (PSA) with RHDO to allow for additional design services for the balance of the project. RECOMMENDATION: Approve Amendment No. 3 with Rabben /Herman Design Office of Newport Beach, CA for additional professional design services for the Marina Park Project at a not -to- exceed price of $120,742.00 and authorize the Mayor and City Clerk to execute Amendment No. 3. FUNDING REQUIREMENTS: There are currently adequate funds within the Marina Park Project Account No. 7411- C4002002 to cover this amendment. Contract costs will be expensed as follows: Vendor Purpose Amount Rabben /Herman Design Office PSA Amendment No. 3 $ 120,742.00 Total: $ 120,742.00 DISCUSSION: On July 27, 2010, City Council approved a PSA with Rabben /Herman Design Office to provide professional design services for the Marina Park Project. Subsequently, Amendment No. 1 was entered into on June 6, 2011, and Amendment No. 2 on May 24, 2013. RHDO has since completed the design for Package 1 (Demolition and Tree Relocation), Package 2 (Marina Basin), Package 3 (Buildings and Site Development), and is nearing design completion for Package 4 (Docks). In conjunction with design, RHDO has been providing on -going construction support12-1 services. Due to various directed or required project changes and unforeseen events, additional funds are being requested to address the following key elements: 1. The acquisition of SCE parcel located at 1516 W. Balboa Boulevard, and incorporation of the parcel into the overall Marina Park project design. The acquired parcel is being used to expand the easterly parking lot to provide an additional 20 spaces and provide additional open space and landscaping. 2. The inclusion of low voltage wiring and Wi -Fi design for the new Marina. While low- voltage wiring and Wi -Fi design for the new Marina is typically incorporated into the project as a separate design -build item, staff recommends incorporating those features into the current base Rabben /Herman contract at this time so as to minimize the potential of conflicting facilities. 3. Restaurant and kitchen reconfiguration to optimize usable space for the future tenant. 4. Sailing program basin improvements reconfiguration to facilitate future programming needs. 5. Additional construction observation support. Due to the complexity and added time associated with soil densification as well as the tieback and concrete sheet pile installation, we requested additional support from the design team to address unforeseen conditions, and ensure the integrity of the improvements. 6. CalGreen Commissioning, water main improvements, and other minor design enhancements /modifications to the overall design. Staff has negotiated a not -to- exceed cost of $120,742.00 to complete the work listed above, and more specifically stated in Amendment No. 3 scope of services. With this Amendment, the total Professional Services Agreement contract amount with RHDO will be $2,741,602.50. The current status of the Marina Park project is that construction is progressing well and the project is still on schedule and under the estimated budget, which is an "all -in" amount of about $39,500,000. Hard construction costs for the project are estimated at about $29,500,000 of this amount. Construction for Package 1 (Demolition of the Marina Park Coaches, removal of utilities, more) has been completed, with Package 2 (Construction of the Marina Basin) receiving substantial completion in October 2014. Package 3 (Construction of the community center, sailing center, park, and restrooms) is on schedule for completion by Spring 2016 as planned, but is currently tracking a bit ahead of schedule. The last and final design package, Package 4 (Construction and installation of the marina docks), will be advertised for construction bids by the end of Year 2014. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Amendment No. 3 to the PSA with Rabben /Herman Design Office Attachment B - Current Master Project Cost Summary 12 -2 ATTACHMENT A AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH RABBEN /HERMAN DESIGN OFFICE LTD FOR MARINA PARK DESIGN SERVICES THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 6th day of November, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City'), and RABBEN /HERMAN DESIGN OFFICE LTD, a California corporation ( "Consultant "), whose address is 833 Dover Drive, Suite 9, Newport Beach, California 92663, and is made with reference to the following: RECITALS A. On July 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for preparation of permitting support, design development, construction documents, and construction observation services for the Marina Park Project. ( "Project "). B. On June 6, 2011, City and Consultant entered into Amendment No. One to the Agreement ( "Amendment No. One ") to reflect additional services not previously included in the Agreement and to increase the total compensation. C. On May 24, 2013, City and Consultant entered into Amendment No. Two to the Agreement ( "Amendment No. Two ") to reflect additional services not included in the Agreement, to increase the total compensation, and to update insurance requirements. D. City desires to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to December 31, 2016 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2016, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated September 3, 2013 and revised May 22, 2014 and October 21, 2014, attached hereto as Exhibit A and incorporated herein by reference ( "Services" or 12 -3 "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement is amended in its entirety and replaced with the following: "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 or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Million Seven Hundred Forty One Thousand Six Hundred Two Dollars and 50/100 ($2,741,602.50), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twenty Thousand Seven Hundred Forty Two Dollars and 00/100 ($120,742.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Rabben /Herman Design Office LTD Page 2 12 -4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: It 1 17- By:aqVI Aaron C. Harp (AM %%I��I�ti City Attorney ATTEST: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II. Mayor CONSULTANT: Rabben /Herman Design Office LTD, a California corporation Date: By: By: Leilani I. Brown William Rabben City Clerk President Date: By: Dan Herman Vice President / Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Dated September 3, 2013 (Revised May 22, 2014 and October 21, 2014) Rabben /Herman Design Office LTD Page 3 12 -5 EXHIBIT A SCOPE OF SERVICES Rabben /Herman Design Office LTD Page A -1 12 -6 Professional Services Supplemental Authorization #3 Cumulative Date: September 3, 2013 (revised May 22, 2014 & October 21, 2014) Project: Marina Park Permitting Support, Design Development, Construction Documents and Construction Observation Services Location: Newport Beach, CA Client: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 R/Hdo Job No.: 2009.014 Project Scope of Services: As the Packages are being finalized, we have been working to gel closure on the scope and billing in the contract. Based on our discussion, we plan on reallocating some of the remaining tasks to close out hourly tasks that have additional unbilled hours. This PSS brings together several specific items that have been added to the overall design scope to facilitate processing of the changes: Each Item is described briefly below: Item 1 Water Line Replacement Plans (Fuscoe RCO #t8 ) (Completed) After reviewing the cost alternatives, and requirements of the site design, the City has elected to replace the existing 16° Water Main that runs through the site. This will require plans, profiles and sections. Item 2 SCE Parcel Additions (Completed) This Item covers all of the scope to incorporate the SCE Parcel into the project, including change to the Site Plan, Hardscape, Layout, Irrigation, Planting, Grading, Lighting, Erosion Control, SWPPP, hydrology calculations, LEED Calculations and supplementary materials, including revising the parking management plan exhibits and other documents for re- submittal to the California Coastal Commission. This does not include any additional revisions to the materials for subsequent submittals to the Coastal Commission. Item 3 Low Voltage Design (Completed) Develop Design Build performance plans and specifications for SurveillancelCCTV. Telecommunications and Access Control cabling, device, equipment and infrastructure. Item 4 Cal Green Commissioning Prepare and provide items (above and beyond LEED fundamental Commissioning) as required by the CalGreen Code Commissioning requirements Item 5 Cafe and Other Building Revisions(Completedl Prepare exhibits to assist with the leasing of the caf6 space. Revise plans to reflect new operational considerations. Incorporation of slide into Lighthouse building. Adjustments and revisions to utilities based on owner's inputs. Item 6 Wi -Fi support from Package 3 While the provision of Wi -Fi for the Visiting Vessel Manna was not a part of the initial scope for the overall project, the advances in the technology, have made it a requirement. Although it was conceived as a part of the Package 4 improvements, since that included all of the other utilities on the dockside, a review of the solutions has made it clear that the most practical solution is to include it as a part of Package 3. It will need to be integrated into the building, and the supporting conduit provided. Item 7 Sailing Program Dock Revisions) (Completedl Final review of the dock layouts, operational requirements, fixtures and furnishings identified a number of adjustments and revisions to the 90% Construction Documents. Late changes also require additional time to revisit and re -review the plans by the remaining stakeholders, as well as update budgets, inventories and schedules. We expect to prepare a schematic plan, conduct a review meeting with the stakeholders, and then implements the changes through the construction documents, to finalize them for submittal to the building department. Rabben /Herman Design Office 12 -7 Item 8 Additional Package 2 Construction Observation) [Completedl Supplemental Construction Observation time to address unknown or un expected conditions that arose during construction. Items included: Tieback adjustment and redesign, wall creep, Legion groin wall and cap, revised railing detail at wall cap step. Item 9 Additional Package 3 Construction Observation) [Completed] Extended CA coordination for Soil Voids: Added site visit and extended email coordination from architect and structural engineer that goes beyond contracted Construction Observation and Administration to coordinate and assist in resolving the found conditions at the site. Item 10 Modifications for the Cafe Tenant Modify Construction Documents to incorporate changes required by tenant. Expand area of kitchen and provide storage area for expanded service requirements. Separate meters for tenant gas and electric usage. Item 11— Construction Observation for Civil Engineering Allocate Time for Construction Observation and review by Civil Engineer (omitted from Original Contract). Item 12— Supplemental Time for Compiling, Preparing, and Revising Additional Services Allocation of 10 additional Hours to cover some of the time required to process additional service agreements Terms and Conditions All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS Compensation Item Totals 1 Water Line Replacement Plans $5,950.00 2 SCE Parcel Additions RIHdo $9,050.00 BFA $5,565.00 Fuscoe $7,560.00 Total SCE Parcel Additions $22,175.00 3 Low Voltage System Design $12,255.00 4 TK1 SC CalGreen Compliance $5,600.00 5 Cafb Revisions $8,575.00 6 WiFI Support RIHdo $1540.00 BFA $1,550.00 Total WiFi Support $2,350.00 7 Sailing Program Dock Revisions R/Hdo $3,500.00 M & N $7,460.00 Total Dock Revisions $10,960.00 8 Additional Package 2 Construction Observation RIHdo $3,960.00 M & N $17,057.00 Total Add. Package 2 CO $21,420.00 9 Additional Package 3 Construction Observation BFA $1,660.00 STB $510.00 RIHdo $1,130.00 Total Add. Package 3 CO $3,180.00 10 Shell Modifications for Cafe Tenant BFA $1,690.00 TK1SC $3,300.00 OMB $1,200.00 Fuscoe $1,100.00 Total Shell modifications $6,190.00 11 Construction Observation for Civil Engineer $12,000.00 12 Proposal Preparation and Revision $1,400.00 RabbenlHennan Design Office 12 -8 Sub Consultant Management (5 %) $4,650.00 Increase in Allowance for Reimbursables $1,600.00 GRAND TOTAL $120,742.00 Time for Performance Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional Service Supplement 3, this service shall become part of Agreement. Sincerely, Dan Herman Rabben /Herman Design Office AGREED: Title: Date: City of Newport Beach FMOA, W Z w 75 S U Q H H Q m Y W am Z d' W cQ (n C cQ C R N n J O O a E 0 c N m N c a w 0 c E m 0 N r 0 C y N C d O O > N y U L E N U N ? C O m c N > LL V a N N w F O C O¢ U C O m LL U O) V coo W G ? c Q U m m.L m O U m v d d y 12 M m m E o o £ E E O L o m E w c o E c y Y N o c. 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