HomeMy WebLinkAboutC-3481(D) - PSA for Project Management Services for the Back Bay Science Center BBSCxEl
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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.