HomeMy WebLinkAboutC-3481(C) - PSA for Back Bay Science Center on Shellmaker Island (for Final Design, Architectural and Engineering Services)AMENDMENT NO. 6
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT
TIME EXTENSION OF CONSULTING SERVICES FOR
THE BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
THIS AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 30th day of June 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation ("City") and RON YEO, FAIA, ARCHITECT, INC., a California
corporation, whose local address is 500 Jasmine Avenue, Corona del Mar, California,
92625, ("Consultant"), is made with reference to the following:
RECITALS
A. On September 9, 2003, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for design, architectural
and engineering services, and construction support services for the Back Bay
Science Center on Shellmaker Island, hereinafter referred to as the "Project."
B. City and Consultant have entered into five separate Amendments of the
Agreement, the latest dated December 28, 2007. Pursuant to these
amendments, the Agreement is now scheduled to expire on June 30, 2008.
C. Consultant has been unable to complete the Agreement's scope of services for
project management by December 31, 2007, because site improvements along
the northerly edge of the project area have been deferred until the modular units
occupied by the County of Orange Temporary Water Quality Laboratory can be
removed from the site.
D. City desires to have Consultant continue to provide architectural and
construction administration services in connection with the completion of the
Back Bay Science Center project. City desires to enter into this Amendment No.
6 to reflect the continuation of such services beyond the term set forth in the
Agreement and prior Amendments, and to extend the term of the Agreement to
December 31, 2008.
E. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 6", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the Agreement shall be extended to December 31, 2008. No
additional compensation is authorized for this six month term extension.
2. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement and prior Amendments shall remain unchanged and shall
be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 on
the date first above written.
APPROVED AS TO FORM:
By.
OL-" —
d -
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: cl &A"Y' #1
LaVonne Harkless,
City Clerk
Tfl
civ �-°��.�.b •.a
0�`k�\�
CITY OF NEWPORT BEACH,
A Municipal Corp�apa,lion
St en G. Badum
ublic Works Director
for the City of Newport Beach
RON YEO, FAIA, ARCHITECT, INC.
Title:
Print Name:
n
By -
(F' (F' ncialOff i r
Title: FO
Print Name:
f:\users\pbw\shared\agreements\fy 08-09\yeo-back bay science center-6.doc
2
U
00
v
AMENDMENT NO. 4
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT
FOR ADDITIONAL CONSULTING SERVICES FOR
THE BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
(ADMINISTRATIVE BUILDING)
THIS AMENDMENT ..ND. 4 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of Uqnu,4112007, by and between the CITY OF NEWPORT
BEACH, a municipal corporation ("City") and RON YEO, FAIA, ARCHITECT, INC., a
California corporation, whose local address is 500 Jasmine Avenue, Corona del Mar,
California, 92625, ("Consultant"), is made with reference to the following:
RECITALS
A. On September 9, 2003, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as the "Agreement," for design, architectural
and engineering services, and construction support services for the Back Bay
Science Center on Shellmaker Island, hereinafter referred to as the "Project."
B. City and Consultant have entered into three separate Amendments of the
Agreement, the latest dated January 23, 2007. Pursuant to these amendments,
the Agreement is now scheduled to expire on September 30, 2007.
C. In December 2006, the California Department of Fish & Game (DF&G) informed
the City that additional funding in the amount of $800,000 was available to
construct the "shell" of the Administrative Wing of the Back Bay Science Center.
That amount was subsequently increased to $900,000 in order to complete as
much of the interior "tenant" improvements as possible. City Council actions in
January and March 2007 resulted in the approval of an agreement with DF&G for
the City to expand the work of the current contractors to include construction of
the Administrative Building. This additional work is expected to extend the
construction schedule by three months until approximately September 1, 2007.
D. City desires to have Consultant provide additional architectural and construction
administration services in connection with the construction of the Administrative
Building. City desires to enter into this Amendment No. 4 to reflect these
additional services, which were not included in the Agreement or prior
Amendments, and to extend the term of the Agreement to December 31, 2007.
E. City desires to compensate Consultant for these additional professional services.
F. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 4," as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall provide the services outlined in the Scope of Work, attached
hereto as "Exhibit A" dated April 2, 2007, and incorporated in full this reference.
2. City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the Schedule of Tasks set forth in "Exhibit B," attached
hereto and incorporated in full by this reference. Total additional compensation
to Consultant for services performed pursuant to this Amendment No. 4,
including all reimbursable items and subconsultant fees, shall not exceed Thirty -
Eight Thousand, Three Hundred and Seventy -Two Dollars ($38,372.00).
3. The term of the Agreement shall be extended to December 31, 2007.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments
Exhibit A — Scope of Work
Exhibit B — Schedule of Tasks & Budget Detail
CITY OF NEWPORT BEACH,
Ai a orporation
B __
Mayor
for the City t
ort Beach
ON YEO, FAIA, ARCHITECT, INC.
By:
(Corpora�6 0 icer)
Title:
ell
Print Name.
(F' ncial Off' er
Title:
Print
f:\users\pbw\shared\agreements\fy 06-07\yeo-back bay science center-4.doc
EXHIBIT A
BBSC - Administration Building
EXHIBIT A
RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644-8111 FAX 644-0449
April 2, 2007
Gail Pickart, Project Manager
City of Newport Beach, Public Works Department
3300 Newport Blvd. Newport Beach, CA
Re: Back Bay Science Center
Dear Gail:
We are requesting an amendment #4 to extend our agreement to
December 31, 2007 and to increase our fee to cover the costs
incurred for services necessary with the addition of the Administration
Building "shell". The building "shell" work is scheduled for six months and
to be complete by the end of August. Owner "tenant improvements" that are
not part of this amendment will continue as funding is available.
We propose to work on an hourly basis not to exceed $38,372, per the
attached estimated cost.
TASK 1 -APPROVALS
• Re -package the administration wing drawings and calculations
necessary for plan check and permits as a "stand alone" building.
• Meet with the Construction manager, the City and DF&G to refine and
limit the scope of construction to stay within the $900,000 budget.
TASK 2 — CONSTRUCTION ADMINISTRATION
• Review shop drawings & submittals,
• Respond to contractor's RFIs
• Prepare bulletins,
• Weekly meetings with the CM
• Review & monitor the quality of construction
• Prepare a final punch list
Ron Yeo, FAIA Architect
encl
EXHIBIT B
BBSC ADMIN
PACKAGE JESTIMATEb I markup 1/15%
PERMIT ICONST. ADMIN I TOTAL
structural 4,700 5,000 1,455 11,155
mechanical 1,030 760 269 2,059
electrical 3,500 0 525 4,025
architectural 9,633 11,500 0 21,133
3 months
TOTAL 18,863 17 , 2601 2,2491 38.372
MARCH JAPRIL I MAY JUNE IJULY lAUG ISEPT
FIRST PHASE CONSTRUCTION
ADMIN WING CONSTRUCTION
3 MONTH 3 MONTH
OVERLAP I BEYOND
AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT
FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
THIS AMENDMENT N9. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this -&A day of 2006, by and between the CITY OF
NEWPORT BEACH, Oa muni ipal corporation ("City") and RON YEO, FAIA,
ARCHITECT, INC., a California corporation, whose local address is 500 Jasmine
Avenue, Corona del Mar, California, 92625, ("Consultant"), is made with reference to the
following:
RECITALS
A. On September 9, 2003, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as the "Agreement", for final design,
architectural and engineering services, and construction support services for the
Back Bay Science Center on Shellmaker Island, hereinafter referred to as
"Project". This Agreement is scheduled to expire on June 30, 2007.
B. City and Consultant have entered into two separate Amendments of the
Agreement, the latest dated September 13, 2005.
C. City desires to enter into this Amendment No. 3 to reflect additional services not
included in the Agreement or prior Amendments and to extend the term of the
Agreement to September 30, 2007.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and\Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 3", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 3 according to "Exhibit A" dated November 8, 2006, attached
hereto.
2. Total additional compensation for services performed pursuant to this
Amendment No. 3 for all work performed in accordance with this Amendment,
including all reimbursable items and subconsultant fees, shall not exceed Fifty -
Two Thousand Four Hundred Twenty -Two Dollars ($52,422.00).
3. The term of the Agreement shall be extended to September 30, 2007.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By V
LaVonne Harkless,
City Clerk
Attachment: Exhibit A — Scope of Work
CITY OF NEWPORT BEACH,
A M ipal C ation
By:
Mayor
for the City of Newport ch
RON YEO, FAIA, ARCHITF.CT INC.
(Corp at icer)
Title:
Print Name:
C �
inancial Wer)
,gyp
Title:
Print Name:
f:\users\pbw\shared\agreements\fy 06-07\yeo-back bay science center-3.doc
EXHIBIT A
RON YEO, FAIA ARCHITECT, INC.
500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644-8111 FAX: (949) 644-0449
November 8, 2003
Gail Pickart, Project Manager
City of Newport Beach, Public Works Department
3300 Newport Blvd, Newport Beach, CA
Re: Back Bay Science Center
Dear Gail,
We are requesting an amendment for additional funds for "Exclusions" in our
agreement dated 9/9/03 that have been requested as "Extra Services" as well as
unanticipated delays that require additional time to be spent. We are also
requesting to update some of our hourly rate schedules.
Owner/Agency revisions include:
O.C. Water Quality Lab
Various electrical & communication revisions
Additional plumbing requirements for the fume hood
Vacuum line system
Additional flooring
Furniture & equipment coordination
DF&G Teaching Lab
Revisions to accommodate permanent lab tables
Coordination for the aquatic life support system
Overall Project
Provisions for emergency power
Construction time extension
The original fee for the architectural construction support was based upon 9
months construction. Site visits were estimated @ one per month or $4,000/month.
The project has been extended to 15 months, due to the Osprey nesting and
additional scope items. The decision to utilize multiple prime contractors has also
resulted in requiring the architect to attend one to two site visits per week resulting
in $6,250 per month for construction support.
Additional unanticipated time has also been spent revising drawings and re -bidding
the project. Please refer to the attached "request for extra services"
Sincerely,
Ron Yeo, F�IA Architect
encl
Ron Yeo, FAIA Architect, Inc. BBSC 11/13/06
Request for Extra Services
WQ Lab
times 15%
Tota I
Teaching lab
times 15%
Tota I
Other
Emergency & Fire
Alarm
times 15%
Total
Relocate
portable lab
times 15%
Total
Sub total
Construction time
Extension
Tota I
Yeo GLP F.T. Andrew Total
2,160.00
5,267.50
pending
790.13
2,160.00
6,057.63
pending
5,530.00
1,162.50
2,520.00
174.38
378.00
5,530.00
1,336.88
2,898.00
921.25
138.19
1,059.44
1,200.00
180.00
1,380.00
7,690.00
7,394.50
1,380.00
32 000.00
39,690.00
7,394.50
4,278.00
8,217.63
1,059.44
1,380.00
20,421.94
32,000.00
52,421.94
EXHIBIT B
RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644-8111 FAX 644-0449
SCHEDULE OF FEES FOR EXTRA SERVICES & DIRECT EXPENSES
REVISED — 10/30/06
SCHEDULE OF FEES ARCHITECT— Ron Yeo, FA/A Architect Inc.
Principal Architect
150.00/HR
Structural Engineering
130.00/HR
Project Architect
110.00/HR
Cadd Design, Drafting
110.00/HR
Professional administration staff
55.00/HR
SCHEDULE OF FEES STRUCTURAL ENGINEERING — ABS Consulting, Inc.
Principal
185.00/HR
Project Structural Engineer
165.00/HR
Senior Associate
125.00/HR
Design Engineer
100.00/HR
Project Draftsperson
85.00/HR
Draftsperson
75.00/HR
Clerical
50.00/HR
SCHEDULE OF FEES MECHANICAL ENGINEERING — F. T. Andrews, Inc.
Principal
140.00/HR
Engineering Manager
125.00/HR
Project Engineer
115.00/HR
Engineer
105.00/HR
Senior Designer
95.00/HR
Designer
80.00/HR
Junior Designer
70.00/HR
Cadd Operator
65.00/HR
Clerical
55.00/HR
SCHEDULE OF FEES ELECTRICAL ENGINEERING — GLP Engineering, Inc.
Principal
150.00/HR
Associate
125.00/HR
Project Manager
110.00/HR
Design Drafter
85.00/HR
Technical Typist
55.00/HR
SCHEDULE OF FEES LANDSCAPE ARCHITECT — Katzmaier Newell Kehr
Principal 125.00/HR
Drafting/Technical 95.00/HR
DIRECT EXPENSES (reproduction, etc) AT COST PLUS 15%
Exhibit B Back Bay Science Center
f
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT, INC.
FOR
BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
THIS AMENDMENT NO. 2 TO PROFESSSIONAL SERVICES AGREEMENT, entered
into this 13th dayof rte, 2005, 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. On September 9, 2003, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement", for final
design, architectural and engineering services, and construction
support services for the Back Bay Science Center on Shellmaker Island,
hereinafter referred to as "Project". This Agreement is scheduled to
expire on June 30, 2007.
B. City and Consultant have entered into one separate Amendment of the
Agreement, the latest dated May 24, 2005.
C. City desires to enter into this Amendment No. 2 to reflect additional
services not included in the Agreement or prior Amendment.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2", subject to the terms setforth below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall diligently perform all services and be compensated for all
services performed pursuant to this Amendment No. 2 in accordance with
"Exhibit A" dated August 8, 2005, which is attached hereto and
incorporated by this reference.
2. 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 Exhibit
"A". Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 2 for all work performed in accordance
with this Amendment No. 2, including all reimburseable items and
subconsultant fees, shall not exceed One Hundred Seventeen
Thousand Three Hundred Five Dollars ($117,305.00). The total
compensation to Consultant for all services performed pursuant to the
Agreement and this Amendment No. 2, including all reimburseable items
and subconsultant fees, shall not exceed Four Hundred Eighty
Thousand Three Hundred and Five Dollars. ($480,305.00).
3. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
A ron C. Harp,
Assistant City Attorney
for the City of Newport Beach
I,ri1*15
LaVonne Harkless,
City Clerk
- . 4
041-1 F0"
Attachment: Exhibit A
CITY OF NEWPORT BEACH,
A Municipal, Corporation
e City of Newport Beach
RON YEO, FAIA, ARCHITECT, INC.:
By: AP-�
(Corporate
Title:
Print Name:
By:
(Fin ncial fficer)
Title:
Print Name: �1�2A Mo
f:\users\pbw\shared\agreements\fy 05-06\yeo-back bay science center-1.doc
EXHIBIT A
RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644-8111 FAX 644-0449
TO: GAIL PICKART, City of Newport Beach
FROM: Ron
DATE: August 8, 2005
RE: Fee Proposal
for Professional Services for the "Back Bay Science Center" Project
Due to the current bid climate resulting in higher construction costs, and the limited
budget for the project, we have been instructed to change the design of the project to
incorporate a "pre-engineered" steel structure.
It is the intention of the City to issue two separate RFQs. One for Metal building
contractors and one for Construction Manager "at risk" (CMAR). The qualified
contractors will be asked to bid on the structural "building shell' for the Phase 1 contract
documents that are currently being completed. The fees for the additional work, now
completed for the pre-engineered analysis, re -bidding discussions, coastal commission
coordination and additional environmental field surveys as well as the new contract
documents for the "shell' have been or will be taken from our original agreement
balance of $62,000.
The selected CMAR will take the bids from the Metal building shell and bid out the
various additional sub trades for Phase 2 in a value engineering review which will result
in a "not to exceed" construction cost for the total project. In order to bid and obtain
permits for Phase 2, it will be necessary to revise the previous architectural drawings,
Title 24 analysis and specifications as well as to provide new calculations and
structural drawings by an expert metal building structural engineer. All of the site work
will remain as previously designed.
As directed, this is a request to amend our agreement of 9/9/03 and the time extension
of 4/28/05 to cover the additional professional fees for an additional $117,305.
PHASES OF DESIGNATED SERVICES
Contract Documents Phase 2. The Contract Documents Phase is the stage in which
the requirements for the revisions of the Work are set forth in detail — Including:
STRUCTURAL
1. Provide structural calculations and construction drawings for shear walls.
2. Provide structural calculations and drawings for foundations based on an existing
geotechnical report that allows the use of mat foundations. City, County & DF&G
acknowledging that the use of mat foundations could someday result in the eventual
displacement of the structures due to seismic -induced ground motion and are willing
to accept the possible corrective work and serviceability issues that may result.
Exhibit A Back Bay Science Center page 1
3. Provide submittal package consisting of foundation and shear wall drawings and
calculations for submittal to City Building Department.
MECHANICAL
1. Revise the Title 24 energy conservation calculations based upon today's standards
to reflect the new roof construction.
2. Revise details to reflect the new roof construction.
3. Revise mechanical floor plan to incorporate the new columns and relocated doors
and windows.
PLUMBING
1. Revise plumbing floor plan to incorporate the new columns and relocated doors,
windows and plumbing fixtures.
2. Revise the details to reflect the new roof construction.
3. Revise automatic fire sprinkler specifications to accommodate the steel structure
and roof framing.
ELECTRICAL
1. No revisions anticipated
CIVIL
1. No revisions anticipated
LANDSCAPE
1. No revisions anticipated
ARCHITECTURAL
1. Coordination and checking of sub consultant's revisions.
2. Revise all drawings necessary to reflect the new construction system.
3. Revise specifications as necessary to reflect the new construction system.
4. Meet with the Project Manager to review the progress of the documents.
5. Meet with the Construction Manager @ Risk for review of value engineering.
6. Package the contract documents setting forth in detail the construction requirements
for the Project ready for plan check and bidding.
7. Respond to Plan Check and Coastal Commission Comments.
8. Establishment of initial schedule for the Project Process, decision-making, design,
documentation, contracting and construction
9. Review and update of previously established schedules during subsequent phases.
Bidding & Value Engineering Phase. The Bidding or Negotiation Phase is the stage
in which bids or negotiated proposals are solicited and obtained and in which contracts
are awarded.
1. Respond to RFI's regarding the intent of the drawings and specifications.
2. Review Qualifications and construction costs of the bidders.
3. Meet with the Construction Manager @ Risk for review of value engineering
decisions
Construction Support Phase. The Construction Support Phase is the stage in which
the Work is performed by one or more Sub Contractors. The scope for assistance
within this phase includes
1. Attend the pre -construction meeting.
2. Coordinate w ith the CMAR on a w eekly basis
3. Review the Sub Contractor's shop drawings and submittals.
4. Provide w ritten responses to the CMAR's requests for information.
5. Provide weekly job site visits. Provide a construction observation report for each
v is it.
6. Prepare the final punch lists for the buildings and site work
Post -Contract Phase. The Post -Contract Phase is the stage in which assistance in
the Owner's use and occupancy of the Project is provided.
Exhibit A Back Bay Science Center page 2
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.
• Soils engineering, testing and reports.
• Title Reports, recorded documents, etc.
• Construction staking or certifications.
• Offsite improvements.
• Bulkhead design
• Composite utility plan.
• "As -Built" drawings.
• Hydrology Study or Hydraulic Analysis.
• Pump station design or modification.
• Plan check submittals, fees and permits.
• Blueprinting services, except for normal coordination.
• Owner/agency and/or coastal commission revisions after approval to
proceed.
• Alternate power source studies
• LEED documentation and/or "commissioning"
• Courier services, overnight express, etc.
• Exterior lighting photometric plans.
• Specialized foundation design other than a matt foundation
• Furniture, fixture & equipment design
• UCI Crew Building design
• Trails and teaching station design
• Exhibit & Aquarium design
• Environmental Studies & Reports
• Marketing, Fund raising program,
• Economic feasibility studies, Project financing
• Identification, removal and disposal of any hazardous materials within the
site or in existing structures
• Relocation of existing structures
• Green House design
• Amphitheater rehab & cover
• Full time Construction Management
• Wetland rehabilitation services by "Coastal Resources Management" for
monitoring of wetlands and field monitoring reports, management of marsh
planting process and project management and coordination for up to one
year. It is anticipated that the CMAR will have this under his responsibility.
Exhibit A Back Bay Science Center page 3
COMPENSATION To be invoiced monthly
Construction Document phase
Structural
Mechanical & Plumbing
Architectural
Bid & Value Engineering phase
Construction Support phase
Structural
Mechanical/plumbing
Electrical
Civil
Landscape
Architectural
hourly @ $4,000/month x 9
Total
Construction budget $4,000,000
Average Construction support @ 2% = $80,000
Proposal estimate — 1 1/2%
Ron Yeo, F
Architect
$23,082
$6,700
$20.000
$49,782
$5,000
$10,400
$8,625
$2,300
$3,450
$1,748
$36.000
$62,523
$117,305
Exhibit A Back Bay Science Center page 4
F ---_,Q0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT, INC.,
FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
THIS AULENDMENT f40. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into thislific9ay
of 2005, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (erei fter referred to as "City") and Ron Yeo, FAIA, Architect, Inc., a corporation
whose address is 500 Jasmine Avenue, Corona del [lar, California, 92625 (hereinafter referred to as
"Consultant"), is made with reference to the following:
RECITALS
A. On September 9, 2003, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "Agreement", for final design, architectural and
engineering services, and construction support for the Back Bay Science Center on
Shellmaker Island, hereinafter referred to as "Project". This Agreement is scheduled to
expire on June 30, 2005,
B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June
30, 2007.
C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as
"Amendment No. 1," as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
The term of the Agreement shall be extended to June 30, 2007,
2. Except as expressly modified herein, all other provisions, terms, and covenants set
forth in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first
above written.
APPROVED AS TO FORM:
per,...__ C,
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTES
, f
By'
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
5�?4� 44tv"4�
Ma or
for he City of Newport Beach
Ron Yeo, FAIA, A
0
(Corp
Title: 1 /'A#'y7'my
Print Na /r4ON XX
B:
anci-al/Offic
Title: l/i?1c�1G�cL /YQ�%Cc ger
Print Name:
09/2412003 08:17 9496440449
RONYE0 ARCHITECT
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEOI FAIA, ARCHITECT, INC,
FOR BACK BAY SCIENCE CENTER
ON SHELLMAKER ISLAND
PAGE 02
C_3ggl (D)
THIS AGREEMENT, entered into this q4k day of VeY2003, by and
between the City of Newport Ba+ach , a Municipal Corporation (hereinafter referred to as
"City"), and Ron Yeo, FAIA Architect, Inc,, whose address is 500 Jasmine Avenue,
Corona del Mar, Califamia, 92625, (hereinafter referred to as "Consultant"), is made with
reference to the following -
0
FAI
r&
RECITALS
,,S
City Is a Municipal Corporation duly organized and validly existing under the
laws of the State of Calif'omia 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,
City is planning to implement the design and cpnstruction of the Sack Bay
Science Center on Shellmaker Island in the Upper Newport Bay Ecological
Preserve ("Project'),,
City desires to engage Consultant to provide final design, architectural and
engineering services, and construction support for Project as outlined in the
Scope of Services attached hereto as Exhibit "A" and upon the terms and
conditions contained in this Agreement,,
The principal member of Consultant for purpose cf this Project is Ron Yeo,
Architect.
-1-
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
I
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 work
performed in accordance with this Agreement, including 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
-2-
the name of the employee, type of work performed, times and dates of work which is
billed on an hourly basis, and all approved incidental expenses including reproductions,
computer printing, postage, mileage, etc
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. Each invoice
shall be accompanied by a progress report indicating the progress to date of services
performed and covered by the invoice, including a brief statement of any project problems
and potential causes of delay in performance, and listing those services that are projected
for performance by Consultant during the next invoice cycle.
3.3 Consultant shall not receive compensation for extra work without prior
written authorization of City. 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 plus 15% for performance of 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
1911
Agreement.
4. STANDARD OF CARE
4.1 All services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with community professional standards.
All services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Consultant posesses or
shall obtain all licenses, permits, qualifications and approvals required of its profession,
and 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
M
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
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, Architect, 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.
-5-
09123/2003 15:29 9496440449
RONYEO
ARCHITECT
PAGE 03
Consultant warrants it will
continuously furnish the
necessary personnel to
complete
Project on a timely basis as contemplated by this Agreement..
8. TIME OF PERMWidilVCE
Time Is of the essence In the performance of the services under this Agreement
and Consultant shall perform the services to completion in a timely manner. Failure by
Consultant to do so may result in termination of this Agreement by City,. 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 requests for extensions of time for parformance in
writing to the Project Administrator not later than ten (10) calander 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 such requests and may grarit
reasonable time extensions for delays which are beyond Consultant's control.
8.2 For 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 disouss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
19
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.
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.
-7-
13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
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 satisfactory to
City. Required policies shall be executed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with City. Except for workers compensation and
errors and omissions insurance, 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
M
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
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.
-10-
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived 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 that 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
-11-
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 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
-12-
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
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 borne 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
-13-
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
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.
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:
-14-
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
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
-15-
effective date of termination. On the effective date of termination, Consultant shall deliver
to City all reports and other information developed or accumulated in the performance of
this Agreement whether in draft or final form, or in process.
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.
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
-16-
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.
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. City shall provide AutoCad file of City
Title Sheets. Written documents shall be transmitted to City in 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.
-17-
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: ;Do -0-4- A'
City Attorney 41
By:
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation„
31
Bromberg,,$ayor
RON YEO, FAIA ARCH
as
Ron Yeo, Arch
f:\users\pbw\shared\agreements\fy 03-04\yeo-back bay science center -final design-090903.doc
i
C.
EXHIBIT 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 work
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
5. 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.
7. 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 2
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 will be selected for use in a marine
environment.
Exhibit A Back Bay Science Center page 5
LANDSCAPE ARCHITECTURAL DESIGN/DOCUMENTATION
1. PRELIMINARY PHASE:
• Prepare a preliminary planting plan for submittal to California 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:
• 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 w ater filtration portion of the project, w hich is
not part of this scope.
WETLANDS REHABILITATION DESIGN/DOCUMENTATION
1. PRELIMINARY PHASE:
• Prepare a preliminary planting plan for submittal to California 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 Planting 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 62,000
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 Architect's
services beyond that time shall be appropriately adjusted.
Exhibit A Back Bay Science Center page 7
a)
o,
M
CL
ui
CO
m
U)
co
�
co
0
�
C
O
U
0
0000
0
000
oOt
oo,
0000
0000
0
0
o
0
C)
LO
0
O
000000
000000
LO
N
MMM
COONN
o
LO
0
0
0
of
Ili
0
(O
O
o
0
rn
o
CD
rn
io
0
't
O
"t
r -
LO
0
0
Q
_
o
M
0000
OI000
0
CO
OLOC)
LOC)0
00
O
It
0000
GOON
Ln
O
6
O
a
Il-
00
CO
0')
LO
LO
It
LO
N
CO
co
r
CO
LO
LO
CO
CO
F-
N
Ln
N
00
CO
Z
y
M
M
LL
p
Za
j
�r
N
00000
(N
"t
O
N
r
COLO
d
C)
N
I-
N00
It
J
W
C/)
0
ix
Z
UJ
YW
CO
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
J
000000000000000000000000
J
CLO
LOO
O
Ln
Lf)OCD
Ln
Lri
00
LO
LO
(D
O
Ln
LO
00
O
O
LO
W
meor—Lf)M00t—LnM00�LnM00tiU')M00tl-LnMLnMoo
�
a)
N
LU
Z
0
�
LU
U
CO
0'
E
CO
a)
Z
O
Wcr,
a)
C
�
>
V
C
o
voi
cn
o,
3
L
C
a)
a)
aa)
D
t
a
m
C
�UM
C
a
(D
L
L
L)
C
O
C
U�"
u
=
Q
L
Q)
m
N
C j
U
C
(o
a
�'
a)
U
a)
w
a)
C
Co
W
a)
E
a)
cl
CL
Q
LI0
a)
a)
U
U'
C)
Co
L
•o
+-Loto
WW
�
-Q—
O
>a)a
o
0mI
-QQ
n
a,
c
Q)
U
Q)
v
C:
v
v
V)
f6
m
Y
U
m
tb
Q
.E
X
W
1
v
m
r�
CL
W
U
Q
2
o
cc
s
a
cu
0
I—
co
75
O
C
O
U
0
0
000
0 0
0
o0o0I
0
00000000
666r�666
ONU')N-00
Nr,-
O
�
'It
(j6
Mt-O�
L6
,j
M
O
O
0
rn
C
o
N
cr
CO
O
�-
0
z
W
o
CO
0000
O
O
0
O
0
M
0
l
o
I
0
Lr)
00
C)
0 I
Lr)
t.
Lr)
00
N
lir)
C�
�
D
r
L6
N�
MrNt
Ln
M
NM
U
L
6)
O
co
o
Z
Q
Z
O
O
(o
0000
CO
O
O
00
O
c-
O
0
O
c-000
It
'ctI
N
Q
()
M
�-
O
N
Lo
O
J
:D
r-
W
Z
W
O
o
Y
U
=
00000I
0000r0-
0000000000000000000000LoLrOOLrLo00LoLo00LoLo
OM00O0Of0�l0n00000000
0LoLo0000mmmr--LoMmr--LnMMtl-LOMWr-LoMLoMM
W(a
W
U
Z
30
a(�B
V
>
c
m
W
U
cO
0
o
Z
�--
c
L)i
O
Wca
c
U)
L
a)
c
N
0)
O
N
O
C
O
V
O
Q
C
N
o
Q
N
Q
0
L
i
U
v
a)
c
a)
W
Er.c`
Q
O
a)
m
N
U
U
C
m
i
C
4-
U
Q)
W
O
C
ca
C
Wa)
CLt
Co
O
Y
V
.�
�o
m
O
c
cl m
o
cM
-Fuaco�NU
N
s
d
U
N
U
o
i11
'�
(A
c
W
Q
mU
(!J
t1
co
co
�O
a,
c
Q)
U
Q)
v
C:
v
v
V)
f6
m
Y
U
m
tb
Q
.E
X
W
1
v
m
r�
CL
a)
C
a)
u
v
u
C
a)
u
Cn
fu
m
u
m
Q
a-+
L
X
W
000000
000000
0
00
0
0
0
L
0
N
600
N
M
Cfl
O
O
In
�
c0
M
co
O
H
0
0
0
0
0
0
0
0
0
0
0
0
0
0
C
0oLOoW
0
0MNOd'
O
=3
�
•d•
CO
M
ti
M
.-
�CNLOMMN�-O
NN
U
r
U)
00000000000000000000
-
-
-
0
-
0
-
—
0
a_
0
0oo0C)m0000o000o000CDU)
0
0
0
o
O
o
0
0
0
0
o
O
o
0
0
0
o
O
o
•
o
o_
�
M
It
000
�
N
lf)
LO
�
0)
_0
M
00
Cn
N
N
P.
r-
N
07
d
Z
U)
O
U
--
00
----
0
-�
-
ti
CD
--
-c
LOQ-
--
`
-
----
---
--
F-
r-
Ltd
c-
M
CO
Z
mol
Q�
o
J
m
=
tn
----00000000000000000000
r--
-
Ooo9oo00000000000000
CD
Lo
U-)
o
o
�ci
�i
o
o
ui
ori
o
o
ori
u i
o
o
o
o
u i
W
MOOT-0mwI-U)mmr-
r
r
m
mwr-
r
LOMLOMw
r
r
Q
J
�
LLJY
2
m
a_
a)
C)O
ton)
fl-
Co
a.
Z
-r
.,
W
3
a
c
U
>
U
E
W
O
O
E
u
C
ci
Z
O
CF.a)
`
00
3
c
L
c
>
o
_W
U
c
>
a`)
0
0
Cl)
o�
�_
aai
U
I
°
d
c
c
c
Q
Q
0
UI
c
._
��w
c
Qaa))�
cnoQ
of
�
a)
E
W
e
is
W
a)
m
0
0
LL
Cm
CL
a)
U
-
O
O
p
U
Cn
O
+�
U�!
U
R3
J
Q
JJJ
QQQ
_
U)
Q)
_
m
�aQ
of
O
UI
U
>
0
7
cncn0�wJ>{-���Q�
-.>_
(D
�
>a)0000
C)
a)
C
a)
u
v
u
C
a)
u
Cn
fu
m
u
m
Q
a-+
L
X
W
EXHIBIT B
RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644-8111 FAX 644-0449
SCHEDULE OF FEES FOR EXTRA SERVICES & DIRECT EXPENCES
SCHEDULE OF FEES ARCHITECT — Ron
Principal Architect
Structural Engineering
Project Architect
Senior Design Architect
Design Architect
Senior draftsperson/designer
Intermediate draftsperson/designer
Apprentice draftsperson/designer
Professional administration staff
Yeo, FAIA Architect Inc
130.00/H R.
120.00/HR.
85.00/H R.
75.00/H R.
65.00/H R
55.00/H R.
50.00/H R.
40.00/H R.
50.00/H R.
SCHEDULE OF FEES CIVIL ENGINEERING — Walden & Associates
Principal
150.00/HR.
Associate
130.00/HR.
Project Manager
115.00/HR.
Project Engineer/Land Surveyor
100.00/HR.
Design Engineer/Land Surveyor
95.00/HR.
Engineer/Land Surveyor
90.00/HR.
Assistant Engineer/Designer/Land Surveyor
80.00/HR.
Senior Draftsman
75.00/HR.
Draftsman
60.00/HR.
2 -man Survey Crew
159.00/HR.
3 -man Survey Crew
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/HR
Project Draftsperson
75.00/HR
Draftsperson
65.00/HR
Clerical
50.00/HR
SCHEDULE OF FEES MECHANICAL ENGINEERING — F.T. Andrews Inc.
Principal
115.00/HR.
Engineer
100.00/HR
Senior Designer
90.00/HR
Designer
80.00/HR
Draftsperson
65.00/HR
Clerical
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/HR
SCHEDULE OF WETLANDS CONSULTANT— Coastal Resources Management
Senior Biologist
Endangered Species Biologist
Word Processor
100.00/HR
75.00/H R
45.00/H R
SCHEDULE OF FEES LANDSCAPE ARCHITECT — Katzmaier Newell Kehr
Principle
Drafting/Technical
DIRECT EXPENSES (reproduction, etc) AT COST PLUS 15%
125.00/H R
95.00/HR
Exhibit B Back Bay Science Center page 2