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HomeMy WebLinkAboutC-3481(D) - PSA for Project Management Services for the Back Bay Science Center BBSCxEl c-3�-s AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E., CIVIL ENGINEER, FOR PROJECT MANAGEMENT SERVICES FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND THIS AMENDMENT NO. 7 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 GAIL P. PICKART, P.E., an individual, whose local address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, ("Consultant"), is made with reference to the following: RECITALS A. On May 31, 2002, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as the "Agreement," for project management services for the Back Bay Science Center on Shellmaker Island, hereinafter referred to as "Project." B. City and Consultant have entered into six separate Amendments of the Agreement, the latest dated December 28, 2007. Pursuant to these amendments, the Agreement's term was extended to June 30, 2008. C. Consultant has been unable to complete the Agreement's scope of services for project management by June 30, 2008, 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 project management services in connection with the completion of the Back Bay Science Center Project. City desires to enter into this Amendment No. 7 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. 7", 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. 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. 7 on the date first above written. APPROVED AS TO FORM: By:c , -�— Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By. LaVonne Harkless, City Clerk a77I CITY OF NEWPORT BEACH, A Municipal Corpoon M. St hen G. Badum Public Works Director for the City of Newport Beach GAIL P. PICKART, P.E. W11-0 mf�4' mm, Print Name: GAIL P r 1 C. K A K T f:\users\pbw\shared\agreements\fy 07-08\pickart-back bay science center-6.doc 2 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E., CIVIL ENGINEER, FOR PROJECT MANAGEMENT SERVICES FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND THIS AMENDMENT NO 5 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 4 day of 2007, by and between the CITY OF NEWPORT BEACH, a unicipal c poration ("City") and GAIL P. PICKART, P.E., an individual, whose local address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, ("Consultant"), is made with reference to the following: RECITALS A. On May 31, 2002, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as the "Agreement," for project management services for the Back Bay Science Center on Shellmaker Island, hereinafter referred to as "Project." B. City and Consultant have entered into four separate Amendments of the Agreement, the latest dated January 23, 2007. Pursuant to these amendments, the Agreement's term was extended to December 31, 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 project management services in connection with the construction of the Administrative Building. City desires to enter into this Amendment No. 5 to reflect these additional services, which were not included in the Agreement or prior Amendments. E. City desires to compensate Consultant for additional professional services needed for Project. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 5", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall provide the services outlined in the April 10, 2007 Letter from Consultant attached hereto as "Exhibit A" and incorporated in full by this reference. 2. Total additional compensation for services performed pursuant to this Amendment No. 5 for all work performed, including all reimbursable items and subconsultant fees, shall not exceed Eleven Thousand Five Hundred Fifty Dollars ($11,550.00). Consultant shall be paid on a time and materials basis at a billing rate of $105 per hour, as outlined in Exhibit A. 3. 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. 5 on the date first above written. APP VED AS TO FORM: av- - 11, Aaron C. Harp, Assistant City Attorney r� for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OFINPORT BEACH, A ' iciporation By Steve Rosansky, ayor for the City of N rt Beach GAIL P. PICKART, P.E. By:, - j- O C' Print Name: GAIL ib, PicKAK- f:\users\pbw\shared\agreements\fy 06-07\pickart-back bay science center-5.doc 2 EXHIBIT A Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 (949) 872-9053 cell (949) 640-1076 fax April 10, 2007 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, I have been providing project management services relative to the Back Bay Science Center in accordance with a Professional Services Agreement with the City of Newport Beach. The Agreement established an initial compensation limit of $29,900 and covered a term extending to June 30, 2004. Four subsequent amendments have been approved, increasing the compensation limit to $159,070 and extending the term of the Agreement to December 31, 2007. In December 2006, the California Department of Fish and Game (CDF&G) informed the City that additional funding in the amount of $800,000 was available to construct the "shell" of the Administration Building wing of the project. That amount was subsequently increased to $900,000 in order to complete as much of the interior "tenant" improvements as possible within the funding limitation. City Council actions in January and March 2007 resulted in the approval of an agreement with CDF&G for the City to expand the work of the current project trade contractors to include the Administration Building construction. This additional work is expected to extend the construction schedule by three months until approximately September 1, 2007. Another effect is that the project team for design, construction management, and project management also needs to be available for an additional three months. A budget of $11,550 is proposed to cover the additional project management services related to the Administration Building construction. The $11,550 budget amount is based on 110 hours at $105 per hour. The 110 hours anticipates approximately nine (9) hours per week for twelve (12) weeks. I hereby request an amendment (No. 5) to my Professional Services Agreement authorizing an additional not -to -exceed amount of $11,550 for my project management services. This increase will establish a new total not -to -exceed amount of $170,620 ($159,070 + $11,550). At this time, the term of the Agreement extending to December 31, 2007, appears appropriate and no change is requested. Thank you for your consideration and I look forward to continuing to work with you and the entire project team to complete the Back Bay Science Center project. If there are any questions, please call me at (949) 872-9053. Sincerely, Gail P. Pickart, P.E. AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E. FOR PROJECT MANAGEMENT SERVICES FOR BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND J;J/ J THIS AM�NI�MENT NO 4 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2006, by and between the CITY OF NEWPORT BEACH, a unicipal o6rporation ("City") and GAIL P. PICKART, P.E.., an individual, whose local address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, ("Consultant"), is made with reference to the following: RECITALS A. On May 31, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as the "Agreement", for project management services for the Back Bay Science Center on Shellmaker Island, hereinafter referred to as "Project". This Agreement is scheduled to expire on December 31, 2007. B. City and Consultant have entered into three separate Amendments of the Agreement, the latest date February 28, 2006. C. City desires to enter into this Amendment No. 4 to reflect additional services not included in the Agreement or prior Amendments. 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. 4", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 4 according to "Exhibit A" dated November 10, 2006, attached hereto. 2. Total additional compensation for services performed pursuant to this Amendment No. 4 for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Thirty Four Thousdand Five Hundred Twenty Dollars ($34,520). 3. 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: C. H Aaron C. Harp, Assistant City Attorney for the City of Newport ATTEST: By.Yt�e LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A al Crpo tion By: Mayor for the City of Newport ch GAIL P. PICKART, P.E. By: (�� cj, Print Name: G,/4 / L P. P1 c KA 2 T f:\users\pbw\shared\agreements\fy 06-07\pickart-back bay science center-4.doc EXHIBIT A Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 (949) 872-9053 cell (949) 640-1076 fax November 10, 2006 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, I have been,providing project management services relative to the Back Bay Science Center in accordance with a Professional Services Agreement with the City of Newport Beach. The Agreement established an initial compensation limit of $29,900 and covered a term extending to June 30, 2004. Three subsequent amendments have been approved, increasing the compensation limit to $124,550 and extending the term of the Agreement to December 31, 2007. Amendment No. 3 to the Agreement is dated February 28, 2006, and authorized a not -to - exceed budget amount of $45,000 for project management services during the anticipated twelve month construction period. The $45,000 budget amount was based on eight to nine hours per week for 50 weeks at $105 per hour. Now that project construction is approximately 35 % complete, I have found that an average of twelve to fourteen hours per week of my time is required; roughly a 50% increase of $25,000 over the $45,000 budgeted. In addition, project construction was delayed more than three months (early April 2006 to mid-July 2006) while a pair of osprey nested on the site and raised two chicks. During this period, only about six to eight hours per week of time was spent on project matters; however, it had the net effect of extending the project duration another three to four months at a cost of approximately $10,000. The increase in time spent on my project management services is the consequence of several factors including, (1) design additions and revisions to the Water Quality Lab and Teaching Lab, (2) corresponding plan processing and coordination of professional consultant support services, (3) site design changes to accommodate the proposed UCI Crew Facility as more definitive information became available, (4) research and analysis concerning the on-site sewage pump station and its discharge force main, and (5) coordination with project donors. Based on the reasons described, I hereby request an amendment (No. 4) to my Professional Services Agreement authorizing an additional not -to -exceed amount of $35,000 for my project management services. This increase will establish a new total not -to -exceed amount of Esq o o0 ($124,550 + �). is time, the term of the Agreement extending to Wcc ber 31, 2007, appear§ app°ro rri�te and no change is requested. Thank you for your consideration and I look forward to continuing to work with you and the entire project team to finally complete the Back Bay Science Center project. If there are any questions, please call me at (949) 872-9053. Sincerely, lj'v7.c'j�" Gail P. Pickart, P.E. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E. FOR PROJECT MANAGEMENT SERVICES FOR THE BACK BAY SCIENCE CENTER THIS AMENDMENT N2,PO PROFESSIONAL SERVICES AGREEMENT, entered into thi /l day of CP (&OV 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and GAIL P. PICKART, P.E., an individual whose business address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. On May 31, 2002, City and Consultant entered into a Professional Services Agreement for project management services for the construction of a new 13,000 -square -foot multi -functional building to house the Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve (hereinafter referred to as "Agreement"). B. Under the Agreement, Consultant was to work with the various agencies involved in the project, including the County of Orange and the State Department of Fish and Game, to help secure funding and to oversee the bidding process and selection of a construction contractor for the new center (hereinafter referred to as "Project"). Under the Agreement, Consultant was to bill for his services on an hourly basis, up to a maximum of $29,900. The Agreement was scheduled to expire on June 30, 2004. C. In March 2004, due to delays in securing approvals for the Project from the various agencies involved, the City approved Amendment No. 1 to Agreement, which increased the budget for Consultant's project management services by $23,400, to a new total of $53,300. Amendment No. 1 also extended the term of Agreement to September 30, 2004. D. On May 24, 2005, the City and Consultant entered into Amendment No. 2 to Agreement which increased the budget for Consultant's project management services by $26,250, to a new total of $79,550. Amendment No. 2 also extended the term of Agreement to October 30, 2005. E. City now desires to enter into this Amendment No. 3 with Consultant to provide additional management services for the Project during the construction of the Project. This Amendment No. 3 would increase the budget for consultant's project management services by $45,000, to a new total of $124,550. Amendment No. 3 would also extend the term of the Agreement to December 31, 2007. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided below. NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to compensate Consultant on an hourly basis for additional project management services to be provided as outlined in the Scope of Work and Fee Scheduled, attached hereto as Exhibit A, and incorporated in full by this reference. 2. The total additional compensation to be paid under Amendment No. 3 to Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty -Five Thousand Dollars and No/Cents ($45,000). This additional compensation will increase the total budget authorized by the City for Consultant's services to a new total of One Hundred Twenty - Four Thousand Five Hundred Fity Dollars and No/Cents ($124,550.00). 3. The term of 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. 3 on the date first above written. APPROVED AS TO FORM: Ze't, C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: 0A_ Ma , on Webb for the City of Newport Beach 3ONSULTANT: By. J�Q (� (J7,t�� 'Gail P. Pickart, P.E. Attachment: Exhibit A — Scope of Work and Fee Schedule f:\users\CAT\shared\AG\ Pickart Contract -- Amendment #3.doc Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 (949) 872-9053 cell (949) 640-1076 fax February 15, 2006 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, I have been providing project management services for the Back Bay Science Center in accordance with a Professional Services Agreement with the City of Newport Beach. The Agreement established an initial compensation limit of $29,900 and covered a term extending to June 30, 2004. On March 23, 2004, Amendment No. 1 to that initial Professional Services Agreement was approved by the City Council. Amendment No. 1 authorized an increase in my compensation budget of $23,400 for a new total of $53,300, and extended the term of the Agreement to September 30, 2004. On May 24, 2005, Amendment No. 2 to the Professional Services Agreement was approved by the City Council. Amendment No. 2 authorized a further increase in compensation not to exceed $26,250 for a new total of $79,550, and extended the term of the Agreement to October 30, 2005. Design work for the project was substantially completed in the Spring of 2004. No construction bids were received in June 2004, after the project was publicly advertised. It became apparent that the funds available for construction were significantly less than current costs which have increased substantially in the past 2 - 3 years. The project design team explored several alternatives in an effort to reduce the cost of construction, including the use of a pre-engineered steel framework for the buildings rather than a conventional wood framework. None of these concepts proved to be particularly cost effective or desirable. Mr. Lloyd Dalton February 15, 2006 Page Two Concurrent with redesign considerations, additional funding sources were sought and contribution commitments have been received. With additional funding available, the project team decided to proceed with construction re -bidding using a "multiple prime" project delivery method coordinated by a Construction Manager at Risk with a Guaranteed Maximum Price (CMAR-GMP). A Qualified Based Selection process was implemented and the firm of Douglas E. Barnhart, Inc. was chosen to be the CMAR-GMP. With the assistance of Barnhart, sixteen bid packages were prepared for advertisement to various trade contractors. Bids have been received and are being presented to the City Council for award or rejection. In addition to considering award of the construction contracts, the City Council will consider entering into a Construction Management Agreement with Barnhart. In anticipation of the City Council awarding contracts and the commencement of construction work, I propose to continue providing project management services during the estimated 12 - month construction period. A not -to -exceed amount of $45,000 is proposed for such services. This amount is based on an average of 8 - 9 hours per week for 50 weeks X $105 per hour = $44,625.00. An Amendment (No. 3) to my Professional Services Agreement is requested extending its term to December 31, 2007, and increasing the authorized compensation amount by $45,000 to a new total of $124,550 ($79,550 + $45,000 = $124,550). Thank you for your consideration and I look forward to continuing to work with you and the entire project team during construction of this unique project. Call me at (949) 872-9053 if there are any questions regarding this proposal. Sincerely, Gail P. Pickart, P.E. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL P. PICKART, P.E. FOR PROJECT MANAGEMENT SERVICES FOR THE BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2005, by and between the CITY OF NEWPORT BEACH, a mu icipal corporation, (hereinafter referred to as "City") and GAIL P. PICKART, P.E., an individual whose business address is 3810 East Coast Highway, Suite 4, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. On May 31, 2002, City and Consultant entered into a Professional Services Agreement for project management services for the construction of a new 13,000 -square -foot multi -functional building to house the Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve (hereinafter referred to as "Agreement"). B. Under the Agreement, Consultant was to work with the various agencies involved in the project, including the County of Orange and the state Department of Fish and Game, to help secure funding and to oversee the bidding process and selection of a construction contractor for the new center (hereinafter referred to as "Project"). Under the Agreement, Consultant was to bill for his services on an hourly basis, up to a maximum of $29,900. The Agreement was scheduled to expire on June 30, 2004. C. In March 2004, due to delays in securing approvals for the Project from the various agencies involved, the City approved Amendment No. 1 to Agreement, which increased the budget for Consultant's project management services by $23,400, to a new total of $53,300. Amendment No. 1 also extended the term of Agreement to September 30, 2004. D. By May 2004, the plans and specifications for the Back Bay Science Center were completed and construction bids were solicited. The deadline for bid proposals was June 8, 2004, but no timely bids were received. The one bid that was submitted after the deadline was at a cost far in excess of available funding. City has since received additional funding and decided to make design changes to the proposed center to reduce construction costs. City plans to readvertise for bids in July 2005. E. City desires to enter into this Amendment No. 2 with Consultant to provide additional management services for the Project. F. City must compensate Consultant for the additional professional services that will be needed for Proiect, which were not included in the original Agreement or the prior amendment. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided below. NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to compensate Consultant on an hourly basis for additional project management services to be provided as outlined in the Scope of Work and Fee Scheduled, attached hereto as Exhibit A, and incorporated in full by this reference. 2. The total additional compensation to be paid under Amendment No. 2 to Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Six Thousand, Two -Hundred and Fifty Dollars ($26,250). This additional compensation will increase the total budget authorized by the City for Consultant's services to a new total of $79,550. 3. The term of Agreement shall be extended to October 30, 2005. 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. 2 on the date first above written. APPROVED AS TO FORM: Ar-_ C Aaron C. Harp, Assistant City Attorney City Clerk CITY OF NEWPORT B C , A Munici al o por ' n By: Mayor for the City of Ne)Wp rt Beach CONSULTANT: By: w► Gail P. Pickart, P.E. Attachment: Exhibit A — Scope of Work and Fee Schedule f:\users\CAT\shared\AG\ Pickart Contract -- Amendment #2.doc Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway. Suite 4 Corona del Mar, California 92625 (949) 872-9053 cell (949) 640-1076 fax May 10, 2005 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, 1 have beenproviding project management services for the Back Bay Science Center in accordance with a Professional Services Agreement with the City of Newport Beach. The Agreement established a compensation limit of $29,900 and covered a term extending to June 30, 2004. On March 23, 2004, Amendment No. 1 to that initial Professional Services Agreement was approved by the City Council. The Amendment authorized an increase in my compensation budget of $23,400 for a new total of $53, 300, and it extended the term of the Agreement to September 30, 2004.. The plans and specifications for the project were completed by May 2004 and construction bids were solicited. No bid proposals were received on June 8, 2004, at the time set for bids to be opened and publicly read. One bid was submitted approximately one minute late so it was rejected by the City Clerk and returned unopened. Metro Builders, who submitted the late bid, subsequently shared their bid proposal information and costs with the project team and it became apparent that our Engineer's cost estimate and available funding were too low by about 75 %. During the following weeks and months, various efforts were made to determine a realistic construction cost estimate and to obtain additional funding sources. Alternate building materials and structure types, such as modular and pre-engineered steel, were investigated and analyzed. The hours spent pursuing these alternatives have exhausted my compensation budget. Mr. Lloyd Dalton May 10, 2005 Page Two At the present time, there appears Lobe $1.3 - S1.5 million of additional funding available for the project. There also appears to be potential construction cost savings in the range of 5400,000 to 5800,000 by utilizing a pre-engineered steel frame building rather than the wood frame building currently designed. The project stakeholders (City of Newport Beach, County of Orange; and California Department of Fish & Game) have concluded that they wish to proceed with design changes for pre-en-ineered steel buildings and to re -advertise for construction bids this summer (July 2005). I hereby propose to continue providing project management services during the next four to six months through the design changes, bidding and construction contract award phases of the project. An estimate of the hours of project management services for a six month period (April to October 2005) is ten hours per week. Effective January 1, 2005, my hourly rate for project management was increased from $90 per hour to $105 per hour (see attached Fee Rate Schedule). The corresponding compensation budget increase is as follows: 10 hours per week x 25 weeks x $105 per hour = S26.2 50 An amendment (No. 2) to my Professional Services Agreement is requested extending its term to October 30, 2005, and increasing the authorized compensation amount by $26,250 - from $53,300 to $79,550. Thank you for your consideration and I look forward to continuing to work with you and others in order to successfully getting this unique project under construction. Call me at (949) 872-9053 if there are any questions regarding this proposal. Sincerely, aa� Gail P. Pickart, P.E. I, Professional Services Title FEE TRZ r1rp SCu-FnrTT -P l,LL 1 1J 112%L V LSJ Effective. Januar- 1, 2005, Gail P. Pickart, P.E. 3810 East Coast Highway,Suite 4 Corona del viar, C.ni 926✓ (949) 872-9053 (949) 640-1076 (Fax) Rate Per Hour Principal M0.40 Project Manager 105.00 Clerical/')%ord Processing 40.00 H. Reimbursable Expenses Travel involving airlines. trains. and overrnizht lodzing N�7ili be billed at cost. 2. Reproduction, blueprinting. photocopying, and photographing will be billed at cost. HI. Outside Services Invoice costs of services and expenses charged by independent contractors, consultants, specialists, and professional or technical firms in support of services provided bv Gail P. Pickart. P.E.. will be billed at 1.15 times cost. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL PICKART, P.E. FOR PROJECT MANAGEMENT SERVICES FOR BACK BAY SCIENCE CENTER THIS AMENDMENT NO. 1 to Professional Services Agreement with Gail Pickart, P.E. for Project Management Services for the Back Bay Science Center, entered into this 2 d) day of :�� , 2004, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and Gail P. Pickart, P.E., whose address is 3810 East Coast Highway, Suite 4, Corona Del Mar, California 92625, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITAL A. On May 31, 2002, the City and the Consultant entered into a Professional Services Agreement for Project Management Services relative to the proposed Back Bay Science Center (then known as the proposed Marine Studies Center) on Shellmaker Island, hereinafter referred to as "Agreement". B. City and Consultant have entered into no other separate Amendments to the Agreement. C. City and Consultant mutually desire to enter into this Amendment No. 1 to extend the term of the Agreement and to authorize payment for additional services not included in the original Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall provide those additional project management services as set forth in Consultant's letter dated January 14, 2004, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. City shall compensate Consultant for such additional project management services on an hourly basis for services performed, in an amount not to exceed $23,400.00. 3. The total compensation to be paid to the Consultant by the City for project management services relative to the Back Bay Science Center under the terms of the Agreement and this Amendment No. 1 shall not exceed Fifty -Three Thousand Three Hundred Dollars ($53,300.00). This amount is the sum of $23,400.00 for Amendment No. 1 services and $29,900.00 for Agreement services. 4. The time period for providing project management services relative to the Back Bay Science Center under the terms of the Agreement and this Amendment No. 1 shall be extended from June 30, 2004 to September 30, 2004. 5. 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 caused this AMENDMENT NO. 1 to be executed on the day and year first above written. APPROVED AS TO FORM: 41 City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation Mayor or the City of New rt Beach CONSULTANT: c'L Gail P. Pickart f:\users\pbw\shared\agreements\fy 03-04\pickart-back bay science amend no 1.doc Exhibit "A" Gail P. Pickart, P.E. Consulting Civil Engineer 3810 East Coast Highway, Suite 4 Corona del Mar, California 92625 (949) 640-1076 ofc (949) 872-9053 cell January 14, 2004 Mr. Lloyd Dalton City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Back Bay Science Center on Shellmaker Island in the Upper Newport Bay Ecological Reserve Dear Lloyd: Since February 2002, I have been providing project management services for the Back Bay Science Center in accordance with a Professional Services Agreement with the City. The Agreement established a compensation limit of $29,900 to cover such services. A total of $29,700 has been billed through December 31, 2003, leaving a balance of $200.00 remaining of the $29,900 covered by Encumbrance No. E 060003. Final design of the project is now 90 % complete and construction drawings are currently being reviewed by the City Building Department and by the user agencies. I propose to continue providing project management services for approximately six more months extending from January through June 2004. Some of the activities and tasks to be accomplished during the next six months are as follows: • Continue efforts to obtain a Coastal Development Permit • Final review and approval of the construction plans, specifications and estimates • Seek City Council authorization to advertise for construction bids (February 2004) • Coordinate a qualification based selection process to hire a construction manager • Respond to questions from prospective bidders and assist in scheduling a "pre-bid" meeting (March - April 2004) • Assist at the bid opening and in the evaluation of the bids received (April - May 2004) • Present bid results to City Council with appropriate recommendations for award of a contract or rejection of bids (May 2004) • Assuming award of a construction contract to a successful bidder, coordinate execution of the formal contract along with the accompanying security and insurance requirements (June 2004) . January 14, 2004 Mr. Lloyd Dalton Page Two An estimate of the hours of project management services for the six-month period of January through June 2004 is ten hours per week. The corresponding compensation is $23,400 computed as follows: 10 hours per week x 26 weeks x $90 per hour = $23,400 An amendment to my Professional Services Agreement is requested extending its term to June 30, 2004, and increasing the authorized compensation amount by $23,400 from $29,900 to $53,300. I look forward to my continued involvement in this unique project. Feel free to call me at 949- 872-9053 if there are any questions regarding this proposal for continuing my project management services. Sincerely, Gail P. Pickart, P. E.