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HomeMy WebLinkAboutC-4527(A) - PSA for the Civic Center and Park Project Development Plan Phase Two and Threeu i' 11I`v AMENDMENT NO. EIGHT TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. EIGHT TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Eight') is made and entered into as of this 25th day of July, 2013 ( "Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania corporation ( "Consultant'), whose address is 49 Geary Street, Suite 300, San Francisco, CA 94108, and is made with reference to the following: RECITALS A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for the third phase of the Newport Beach Civic Center and Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (`Project'). B. On June 23, 2011, City and Consultant entered Amendment No. One to the Agreement to increase the Scope of Work and increase the total compensation ( "Amendment No. One "). C. On August 22, 2011, City and Consultant entered Amendment No. Two to the Agreement to increase the Scope of Work and increase the total compensation ( "Amendment No. Two'). D. On September 24, 2011, City and Consultant entered Amendment No. Three to the Agreement to increase the Scope of Work and increase the total compensation ( "Amendment No. Three "). E. On November 22, 2011, City and Consultant entered Amendment No. Four to the Agreement to increase the Scope of Work, extend the term to March 31, 2013, and increase the total compensation ( "Amendment No. Four"). F. On February 27, 2012, City and Consultant entered Amendment No. Five to the Agreement to increase the Scope of Work and increase the total compensation ( "Amendment No. Five "). G. On May 30, 2012, City and Consultant entered Amendment No. Six to the Agreement to increase the Scope of Work and increase the total compensation ( "Amendment No. Six'). H. On June 11, 2013, City and Consultant entered Amendment No. Seven to the Agreement to increase the Scope of Work, extend the term to September 30, 2013 and increase the total compensation. City desires to enter into this Amendment No. Eight to reflect additional Services not included in the Agreement and to increase the total compensation. J. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Additional Services Proposal dated June 4, 2012 attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). Exhibit A of the Agreement and Exhibit A of Amendment No. Eight shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. Eight, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Five Million Thirty -Six Thousand Five Hundred Eighty Six Dollars and No /100 ($5,036,586.00) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Eight, including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy -Two Thousand Five Hundred Twenty Dollars and No /100 ($42,229.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Bohlin Cywinski Jackson Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Eight to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: ��t12, go Aaron C. Harp City Attorney ISL ATTEST: ��3 Date: By: Leilani I. Brown City Clerk ,ALI FO Attachments: CITY OF NEWPORT BEACH, a California Municipal corporation Date: —Vq IG By: Dav City Manager CONSULTANT: Bohlin Cywinski Jackson, a Pennsylvania corporation Date: TI C Vice President/Treasurer [END OF SIGNATURES] Exhibit A — Additional Services Proposal dated June 4, 2012 Bohlin Cywinski Jackson Page 3 EXHIBIT A ADDITIONAL SERVICES PROPOSAL DATED JUNE 4, 2012 Bohlin Cywinski Jackson ,. . Bohlin Cywinski Jackson Petdr0 Bohlin, FAIA Bernard ) Cywinski, FAIA(194)-2011) Jan C. jackL•on, FAIA Frank W. Grauman, FAIA, LEED AP William, 1), Loose, AIA Cornelius J. Roil III AIA Karl A. Backus, AIA Gregory R_ Moltcrla. AIA C. Roxanne Sherbeck, AIA Robert E Miller, AIA, �_EED AR Raymond S. Calabrv, Ale 4 June 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Furniture, Finishings and Equipment (FF +E) for Library Addition Additional Services Proposal (BCJ Project 08519D x10) Dear Mr,Badum, In a meeting on the third of February, 2012, you, Cynthia Cowell and I discussed the desired FF +E scope for the library addition. Following on that conversation, as well as further clarifications made during on -site City Hall FF +E meetings, we are providing a proposal for design services regarding that scope. The attached drawings are a documentation of the scope we reviewed. For reference, this proposal closely follows the format of the FF +E proposal of the one we provided for the City Hall. This proposal anticipates the work being performed in the five phases: Phase 1: Program Verification /Furniture Layout Options Phase II: Design Development Phase 111: Construction Documentation Phase IV: Bidding Phase V: Installation Observation Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5555 415 -989 -21 OO /Fax: 415 -989 -2101 Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 2 of 15 Much of the design work related to space planning issues normally included with Phase i, Program Verification /Furniture Layout Options, has been initiated in the building planning process as part of BCJS base contract design services for the new Civic Center. The proposed FF +E fee reflects this benefit of this work having already been completed under the base project fee. This includes typical furniture layouts of chairs, tables, desks, storage units etc. to confirm our space planning assumptions. Phase I will focus on confirming the initial furniture layouts and establishing the furniture and furnishings program list for these and other space types whose location has already been established in the building. Based on our design -phase discussions, it is understood that the furnishings to be included are primarily stock catalogue items from a range of manufacturers and vendors. A select number of custom pieces will be included where they are cost effective and best suit the needs of the space and the City. A. Scope of Work f. Phase l: Program VerificationlFurniture Layout Options (3 weeks) a. Verify and finalize the scope of work and the program requirements for furniture and furnishings with the Library for the spaces indicated in the attached plan diagrams. b. Issue a furniture and furnishings program for the spaces confirmed for the City's approval and sign -off. c. Space Types Prepare a maximum of two preliminary furniture location options for each of the following space types that will result in one prototype layout for each space type: t. Reading Areas 2, Lounge Areas 3. Conference Room 4, Children's Area 5. Media Lab 8. Sound Lab 7. Staff Work Space Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 3 of 15 Furniture layouts are not required for the fixed furniture elements in following spaces as these layouts have been finalized as part of BCD's Basic Services Contract: A. Check -out Counter d. If necessary, prepare equipment location standardized layout plans. Equipment location plans are to be based on complete information including data sheets and technical specification sheets for all existing and/or new equipment that shall be provided to BCJ by the City including equipment dimensions, power /IT /utility requirements, outlet configurations and special considerations such as dedicated circuits. The equipment location plans do not include equipment used primarily for purposes specific to the occupants of the area they occupy. Services required for revisions to the building construction documents (i.e. power, IT, etc.) in response to equipment requirements and locations are not included in the scope of this proposal and would be addressed as additional services. e, Attend a maximum of two (2) meetings with the City's selected representatives. The initial meeting is to confirm the furniture requirements and layout criteria for the space types listed above developed as part of the main project. This would be followed by a meeting to review and discuss furniture layouts developed based on criteria confirmed in the initial meeting, g. Program Verification /Furniture Layout Options Deliverables 1. Furniture and Furnishings Program including prototype plans of each space type at a scale of 1/4 "= V -0 ", 2. Preliminary floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A.1.c above, at a scale of 118 " = V -0 ". 2A, Phase It: Design Development (4 weeks) Upon receipt of the City's written approval of the Phase I submission comprised of the furniture program, prototype plans and furniture layout plans, Phase II, Design Development would commence as follows: Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 4 of 15 a. Prepare Design Development Documents to fix and describe the character of the furniture and furnishings to be procured by this contract. This includes: 1. Provide drawings and sketches illustrating the custom furniture under consideration for specific space types. 2. Provide catalogue specifications sheets and color images illustrating the standard furniture under consideration for specific space types. 3. Prepare one color /finish board illustrating the colors and materials of the proposed furniture to establish one color palette as a building standard for each space type. (Refer to Item A.1.c for a definition of space types.) 4. Prepare coded furniture plans illustrating the layout, type and size of furniture for each space type based on the City's approved furniture and furnishings selection. b. Attend a maximum of three (3) meetings with the City to finalize furniture and furnishings selections. c. Provide a furniture list identifying units, colors, options and quantities for one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. It is understood that the City will select the options in a timely manner to enable BCJ to adhere to the schedule included in this proposal. d. Design Development Deliverables 1. Furniture and furnishings program including prototype plans of each space type at a scale of 1/4 "= V -0 ". 2. Floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A.1.c above, at a scale of 1/8 "= V -0 ". 3. Color and sample boards for each space type. 4. Outline furniture and furnishings specifications based on one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. 5. Draft of type and quantity spreadsheet. 6. Draft of FF +E cut sheets. 2B. Phase II: Design Development Cost Estimate (1 week) Bohlin Cywinski Jackson 4 June 2012 08619D x 10 Page 5 of 15 Based on the Design Development Submission, BCJ and the City will work together to generate a cost estimate for the FF +E scope as defined in Phases I and Il. BCJ will provide an estimate that provides a line item cost estimate for each type of furniture and furnishing identified in the Design Development Submission. The City will provide an estimate for all new equipment costs and for relocation of any existing items. Work on Phase III — Construction Documentation activities will not start until the cost estimate has been completed and approved by the City and BCJ has received written authorization from the City to proceed. A. If the Design Development cost estimate exceeds the furniture and furnishings project budget established by City, BCJ will meet once with the City to identify strategies for reducing the project's cost at no additional cost prior to the start of Phase III, Construction Documentation. The City and BCJ shall discuss and agree upon a cost reduction strategy for incorporation into the Construction Documents. Upon receipt of written authorization from the City approving the cost reduction strategy to be incorporated into the Construction Documents, BCJ shall start Phase III, Construction Documentation incorporating the agreed upon changes into the documents. 3. Phase III: Construction Documentation (6 weeks) Upon receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required), Phase III, Construction Documentation would commence. BCJ will prepare drawings, technical specifications and other documents setting forth in detail the requirements for the bidding of furniture and furnishings. BCJ and the City will work together in the writing and coordinating the RFP (Divisions 0 and 1 of the Project Manual), e.g, the City will provide bidding forms and procedures for inclusion. BCJ's work in this phase shall consist of the following: A. Coordinate and prepare furniture and furnishings Contract Documents including 118 " =1'-O` location plans. B. Prepare custom furniture and furnishings specifications including finishes and fabrics. C. Prepare standard furniture and furnishings specifications including finishes and fabrics based on one manufacturer listed as the basis for design with two other manufacturers listed as equal. Substitutions will not be permitted by the specifications. D_ Prepare drawings and specifications for custom furniture and furnishing elements. E. Attend two (2) meetings with the City to review the Construction Documentation progress. Sohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 6 of 15 F. Construction Documentation Deliverables: 1. Final Construction Documents BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of each of the following Construction Documents to the City at Final Completion of the Construction Documents: a. Coded and dimensioned floor plans illustrating furniture locations cross - referenced to the technical specifications, b. Custom and standard furniture and furnishings specifications. c. Dimensioned plan and elevations of each type of custom furniture and furnishings. d. Final version of type and quantity spreadsheet. a. Final selection of FF +E cut sheets. 4. Phase IV: Bidding (4 weeks) A. BCJ will work with the City in the bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide the following services: 1. interpret Construction Documents for furniture and furnishings. 2. Issue addenda. BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of all addenda or bulletins which the City which will then issue to the appropriate furniture and furnishings contractors. 3. Substitution requests will not be permitted and services related to review of substitution requests are not included in the scope of services. Such services, if requested by the City will be addressed as an additional service. 4. Provide assistance in evaluating bids. B. The CM -at -Risk, as part of their base services, will be issuing the RFP, arranging any pre -bid meetings and walk - throughs, and will receive the bids. They will also lead the process of normalizing/reviewing the bids. Once successful bidders have been determined, the CM -at -Risk will be responsible for completing their contracts. Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 7 of 15 5. Phase V: Installation Observation (8 weeks) A. BCJ will observe the work and issue interpretations of the Construction Documents. This is based on an assumed duration for this phase of work of eight (8) weeks. Should the duration of this phase exceed eight (8) weeks, then BCJ's fee would be adjusted accordingly. 1. Review shop drawing submittals. 2. Review final placement of furniture and furnishings and inspect for damage, quality, assembly and function in order to determine that furniture and furnishings are in accordance with the Construction Documents requirements. 3. Prepare one punch list and make one final inspection of installed furniture and furnishings. 4. Attend two (2) construction installation meetings as they relate to installation of furniture and furnishings. 5. Deliverabtes: a. One punchlist of installed furniture and furnishings. b. One final inspection report on furniture and furnishings. B. The City and the CM -at -Risk will be responsible for the scheduling and supervision of the installers. C. The City and the CM -at -Risk will be responsible for the hiring and management of the moving coordinator. B. Schedule Based on the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City. the bidding documents can be completed within twenty -one (21) weeks of receiving written approval to proceed with this work from the City. it is intended that the City will make all key decisions by the end of the Design Development Phase. The duration for each phase of the work is: Phase I: Program VerificationfFumiture Layout Options weeks Phase II: Design Development 4 weeks Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 8 of 15 Phase II: Design Development Cost Estimate {After Completion of Phase II; prior to Phase 111} Phase III: Construction Documentation Phase IV: Bid Clarification, Review and Award Phase V: Installation Observation Total 19 weeks plus 8 week Installation observation Phase 2 weeks 6 weeks 4 weeks 8 weeks The durations listed above do not include time for the City's review of each phase progress submission. Pending discussions with the City, it is anticipated that design activities would be started in the later part of June 2012 and be completed in mid - September 2012. Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 9 of 15 C. Qualifications and Exclusions 1. This proposal is for FF +E in the new Newport Beach Library addition only. Should services for the existing library be desired, BCJ can provide a separate proposal. 2. These Additional Services shall be incorporated in BCJ's Base Contract as a contract amendment. BCJ is proposing our fee as an hourly with a not -to- exceed total, to be invoiced monthly based on actual hours expended. These Additional Services shall be on a separate invoice for accounting purposes. 3. Per our review of the Library addition plans on the 3rd of February and further refinements discussed in regularly - scheduled City Hall FF +E meetings this past spring, these plans accurately reflect desired FF +E scope. 4. Any revisions to the scope of the furniture and furnishings program and /or documents after completion of Phase I, Program Verification /Furniture Layout Options, with the exception of the cost review exercise described in Phase 1113, will be considered as an additional. service. 5. If The City causes the duration for any phase of this work to exceed those specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. 6. A fixed number of meetings are identified for each phase of the work. This proposal assumes that the attendees at these meetings are limited to two BCJ representatives and two City representatives. It does not include meetings with individual users. If the number of meetings for any one phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. 7. Procurement and purchasing of the FF +E scope and move -in coordination are not included by BCJ as part of these services. 8. Interior elevations, perspectives or renderings are not included as part of these services. 9. This proposal is based on developing a standard furniture package for each space type as described in Item A.1.c, Space Types, on page 2. Once approved by the City, these designs would be documented for all rooms of the correlating type. This proposal does not include design services for the customization of individual office /workstations, conference room or other spaces. The design of unique furniture layouts and accessories for individual rooms is considered an additional service except for those listed above and for columns or other architectural elements affecting typical layouts. 10. This proposal assumes that all furniture and furnishings being specified for the new City Hall as part of this contract are newly purchased and does not include the survey or relocation of any existing furniture or furnishings. 11. The survey or relocation of existing office equipment is not included as part of these services. The City will provide BCJ with a list of those items to be relocated and mark a draft plan of the intended location for these items. 12. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 13. No services are included for the specification, bidding or procurement of any equipment specific to the needs of a particular department. 14. Demountable partitions are not included as part of these design services. Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 10 of 15 15. Clarification of scope — the clarifications following are similar to the distinctions established in the City Hall FF +E scope. In some cases they clarify and in some cases supersede the language found elsewhere in this section C. • In FF &E scope: task lights, general building trash & recycling bins. • Recommendations provided as part of FF &E, items not in the FF &E scope: File trays, monitor mounts at individual workstations, department trash & recycling bins, office whiteboards & tackboards. • Completely outside of the FF &E scope, indicated in plans when requested by city: monitors, shredders and shredder bins, copiers, plotters, safes. • Outside scope of FF &E, not shown in drawings, work station nameplates, clocks, fax machines, telephones, mailroom Equipment. 16. Roller shades at exterior walls where required are being provided as part of BCJ's base building contract services. Additional window treatments at other locations, if requested by the City, are not included as part of these design services. 17. Chalkboards, whiteboards and /or tackboards are being provided at certain locations as part of BCJ's base building contract services. Additional chalkboards, whiteboards and /or tackboards at other locations, if requested by the City, are not included as part of these design services. 18. Battery operated wall clocks would be provided, if desired by the City, as part of these services. Electric clocks and/or a centralized, synchronized clock system, if requested by the City, are not included as part of these design services. 19. Other than custom furniture and furnishings items as identified above, built -in millwork items in individual offices/workstations and/or conference rooms are not included as part of these services. 20. Room signage, wayfinding signage or building directories are covered under separate scope and are not included as part of these services. 21. Cost estimating services are provided for furniture and furnishings, but not for equipment as part of these services. These will be provided by the City and included in BCJ's cost spreadsheet. 22. Value engineering services and meetings are not included as part of these services other than as indicated in 2B.A. above, 23. Coordination of mechanical, electrical, plumbing, IT, AV and other building systems revisions and additions with the furniture layouts, including revisions to building documentation by BCJ and other consultants, is not included as part of these services and shall be addressed as additional services. 24. BCJ will create a furniture and furnishings cost estimate at the end of Phase 11, Design Development. The City will advise BCJ of any requested modifications to the furniture drawings prior to the start of Phase III, Construction Documents. Modifications of the program, drawings or specifications after receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required) shall be considered an additional service. 25. The City will develop the equipment portion of the cost estimate. BCJ shall be entitled to rely upon the completeness and accuracy of this estimate effort. Equipment estimate to be based on actual project schedule for when equipment will be purchased and installed and will account for escalation. Any services required due to inaccurate or incomplete estimates by the City, including all revisions to documents after coordination of the approved scope with the approved budget based on the Design Development Cost Estimate, shall be considered an additional service. 26. Documents shall be prepared according to BCJ office standards for construction documentation. Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 11 of 15 27. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 28. Cost for reproduction of Construction Documents for bidding purposes is not included as part of these services. 29. If at the time of bidding changes have been made in manufacturers' product lines, fabric types, furniture sizes, options, accessories or any other technical or design specifications of the furniture which were used as the basis for the original Contract Documents, changes to the Contract Documents to update this information to match current manufacturer's specifications shall be considered an additional service. Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 12 of 15 D. Fee Proposal Based on the above scope of work description, BCJ proposes the following hourly, not -to- exceed amount for this work. No other disciplines have been included in this proposal. Should their services be required, they will be available as an additional service. Invoicing will be monthly based on actual hours expended. Please see attached exhibit A for additional detail. Proposed Bohlin Cywinski Jackson Services Fee Amount Phase I: Program Verification $ 4.240 Phase IIA: Design Development $ 7,950 Phase LIB: Cost Estimate $ 2,275 Phase III: Construction Documentation $ 10,785 Phase IV: Bidding $ 3,225 Phase V: Installation $ 6,610 BCJ Fee for services proposal: $ 35,085 E. Estimated Reimbursable Expenses Following are BCJ's estimate of reimbursable expenses. When possible, BCJ will economize by combining expenses with those of the main project and or the City Hall FF +E scope. The expenses below are in addition to those already identified in BCJ's Proposal for Basic Services and City Hall FF +E services. Travel expenses are generated using the same assumptions as those on the main project. Please see attached exhibit B for explanation of proposed reimbursable expenses. BCJ Estimate of Reimbursable Expenses: $ 7,144 The amount included in the Estimate of Probable Reimbursable Expenses is provided as an allowance, against which actual cost will be assessed. The City has agreed that should the A/E Team expenditures approach these estimated limits, the City will reasonably increase these amounts in discussions with BCJ. TOTAL FEE PROPOSAL: 42,229 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team Steven Chaitow, AIA Project Manager Bohlin Cywinski Jackson 4 June 2012 08519D x 10 Page 13 of 15 Loan OWNER: City of Newport Beach Signed: Printed Name: ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: EXHIBIT A Stephen G. Badum, P.E. 4 June 2012 Hours and Fee for Newport City Hall Project - Library Addition FF +E 08519D x10 Library FF +E t Page l4 of 15 P m Veri Des Dev --C­ba­tE—s-t-1 Con Do cs Bid I CA Totals R/ h Hrs CA We Hrs bal Hrs Hrs Hrs Architectural Pdnci al 285 11 2 1 3 1 2 _ Senior Associate $1601 3 8 4 8 8 4 Associate $125 0 0 0 0 0 0 Staff 1 $105 0 0 0 0 0 0 Staff 2 $85 40 70 1 S 100 16 60 Office $75 1 2 1 2 4 4 Architectural Fees $4,240 $7,850 $2,275 $10,785 $3,225 $6,610 $35 085 Bo tin Cywinsk) Jackson Stephen G. BJune 20-12 08519D x 10 Library FF +E Exhibits / Page 15 of 15 EXHIBIT B Project Name: BCJ Project No. Date: NEWPORT BEACH LIBRARYADDITION - FF +E 08519D x10 4_June_2012 INITIAL REIMBURSABLE EXPENSES ESTIMATE Description Amount! No. Days I Total Person Miles BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF $45.00 2 $90.00 Parking at airport $22.00 2 $44.00 Cab fare / car rental $75.00 1 $75.00 Food $75.00 1 $75.00 Hotel per night $240.00 1 $240.00 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per one day trip $1,024.00 People X No. of Trips 21-day trips; 1 person /trip $1,024.00 2 $2,048.00 2 1-day trips; 2 peopieltrip ! $1,024.00 4 $4,096.00 BCJ estimated total for travel /lodging /meals (see note .�6,144.OB 2) BCJ total initial reimbursable expenses estimate for $1,000.00 $1,000.00 reproduction, printing, telephone, /fax, mail(regular and express), photos /prints per BCJ proposal Total design professional team initial $7,144.00 reimborsabies expenses estimate (see note 3) Notes: Note 1 ,Reimbursable expenses include the following: - BCJ transportation, lodging and expenses for all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. -AII expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ'sConsultants, the Owner, the Contractors and others involved in the project. - BCJ expenses for prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ and/or Consultants reimbursable expenses is exceeded. (i.e. due to revisions to the quantity of or schedule for BCJ and/or Consultants meetings/presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not- to-exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be tilled at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT B �. AMENDMENT NO, SEVEN TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO, SEVEN TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Seven ") is made and entered into as of the 11th day of June, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal C—� corporation and charter city ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania corporation ("Consultant"), whose address is 49 Geary Street, Suite 300, San Francisco, CA 94108, and is made with reference to the following: RECITALS A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional services for the third phase of the Newport Beach Civic Center and Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA ( "Project "). B. On June 23, 2011, City and Consultant entered Amendment No. One to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. One "). C, On August 22, 2011, City and Consultant entered Amendment No. Two to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Two "). D. On September 24, 2011, City and Consultant entered Amendment No. Three to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Three "). E. On November 22, 2011, City and Consultant entered Amendment No. Four to the Agreement to increase the scope of work, extend the term to March 31, 2013, and increase the total compensation ("Amendment No. Four'). F. On February 27, 2012, City and Consultant entered Amendment No. Five to the Agreement to increase the scope of work and increase the total compensation ("Amendment No. Five'). G. On May 30, 2012, City and Consultant entered Amendment No. Six to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Six "). H. City desires to enter into this Amendment No. Seven to increase the scope of work and to increase the total compensation. 1. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on November 24, 2010, and shall terminate on September 30, 2013, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as previously amended, shall be supplemented to include the additional Services, which are attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Seven shall collectively be known as "Exhibit A." The City may elect to delete certain tasks of the Services to be performed at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. Seven, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million Nine Hundred Ninety Four Thousand Three Hundred Fifty Seven Dollars and 00/100 ($4,994,357.00.00) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 31 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Seven, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Hundred Seventy Nine Thousand Six Hundred Seventy Dollars and No /100 ($579,670.00). i • Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Bohlin Cywinski Jackson Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Seven to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: By. Aaron C. Harp��Q City Attorney Le 0, ATTEST: �1 Date: I. 1 J3 t By: _0 , N J. hz Leilani I. Brown City Clerk 6:9Fofkt'� /_VWo u - z7al 10WTIM CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON, a en sylvania corporation Date: fegor# R. Mottola ice President Dat qg" f 1l;� By: 1 ��- William D. Loose Vice President / Treasurer [END OF SIGNATURES] ■ Additional Services Proposal for Structural Engineering Associated with Changes to the San Miguel Bridge, dated 2/21/12; • Additional Services Re Sign Schedule, dated 2/22/12; ■ Additional Services Proposal for Structural Engineering Associated with the San Miguel Bridge Elevator Foundation, dated 7/12/12; • Additional Services Structural Engineering associated with exisiting Library New Clerestory Facade, dated 7/16/12 ■ Additional Services re City Hall Kiosk, dated 8/13/12; ■ Additional Services Proposal for Alternate Landscape Feature, dated 8/31/12; ■ Additional Services Proposal for Modifications to San Miguel Bridge, dated 10/16/12; ■ Additional Services re Library Evacuation Signage, 10/25/12; ■ Additional Services Proposal for Additional Signage Consultant Scope, dated 10/30/12; ■ Additional Services Proposal for Library Clerestory Modifications, dated 11/5/12; ■ Additional Services re Additional Site Visits, dated 12/13/12; • Additional Services Proposal Landscape Architect Site Visits, dated 12/19/12; ■ Additional Services Proposal Expenses for Architect Site Visits, dated 12/21/12; and ■ Additional Services Proposal Architectural CA Services, dated 12/21/12 Bohlin Cywinski Jackson Page 3 EXHIBIT A ADDITIONAL SERVICES PROPOSALS Bohiin Cywinski Jackson Page A -1 Bohlin Cywins k i Jackson F�.f ra .. .... r, -.4LG. Fr. f: LEEC •?„ ,i n Loc ^. Alt: A'A 31 August 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project; Newport Beach City Nall Newport Beach Project Number xxx BCJ Project 08519D Subject: Alternate Landscape Feature Additional Services Proposal (BCJ Project 08519D x11) Dear Mr. Badum: In the spring of this year it became apparent that the City would not be able to reach a contractual agreement with the artist Patrick Dougherty, who had been budgeted to provide an important point of landscape art. In order to maintain a point of landscape interest in the project, BCJ and PWP proposed a landscape feature at the intersection of two site paths along the boundary between the wetland and the main entry to the Civic Center. After seeing a schematic proposal of the idea, the City agreed that this idea was worth inclusion in the project. This additional services proposal provides design and documentation services for this alternate. Project Scope The scope of this project will consist of PWP's generation, development and documentation of an alternate landscape feature. This alternate will be based on the schematic idea proposed by PWP and approved by the City. The idea features a specimen oak surrounded by a series of boulders of varying sizes, including some large enough to serve as seating. Please see the attached proposal from PWP for additional scope detail. BCJ will manage this process, and coordinate PWP's efforts with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. A iliiE , -:f Interior d2sl4jn a : "/ S ea , ,S. !..t t^ 2i'0 San Fra 3...., Va- 'lorn;a'941 OP, -5555 :.t t 5 . 3 ;,,2I U3 J F ._. 10-9 3 9 - 2 10 1 Koji in Cyviinski Jacj<son 31 August 2012 08519D x 11 Page 2 of 2 Project Fee This proposal is for a time- and - material fee, with a not -to- exceed amount of $9,960 based on the assumptions below: Services BCJ 6 hours Senior Associate $160.00 per hour $960 PWP 14 August 2012 proposal $9,000 Reimbursables BCJ To be billed under base project (08519D) NA PWP To be billed under base project (08519D) NA Total $9,960 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, tt__ "; �z` d Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Sinned: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: PUU P LANDSCAPE A D C U | T E C T U Fl [ pE-savxALK�_o.r^ouA August 14, 2012 s.os; ^S nwc-x/ StevaoChadmw a^`/o VIA Lxso BnhInCyvino#Jackson Ao^wyn-_E,/npox 49 Geary SL. Suits 300 San Francisco, C4S4108 sAusnx*xna,s aohaiknv,2bd,unm `uxr_ye/oo**au o^smc Y» �xnFAoL/ Regarding: Proposal for Design Services and Construction Documentation Revisions Related k> the Daugherty Sculpture Replacement Newport Beach Civic Center /8[|J881 uxjso» xrcR n�AsLnsLuo Dear Steve: uowxaxuwoansv Vie iegoentAddQana}S*o/iuou/ela\edin the replacement nfthe Daugherty yoo|/Yure,These �sw^.p�ynAsau'; services include thak}|oving: A Provide Oeo|&"R000|u!ionscrLinovtuidoptifymn alternate dan'Qn and prepare i!.uokathe Uca*ingo. J^xsrHxoLs B Prepare a proing package describing the scope of the des,gn change and related details. x�zoxzy/�ooa,��x� oOW,cJAsnp�-L C. Revise the 0onstliotnoDocuneNzk> incorporate the design revo|ono. U, Provide cooyVuot,:)n Field Saniceutofe|0'sa|on\tehoo|dera|pnamr. E ProvWeon'si,�afieid services du,ioQreVu,ar site vin:� to locate and ei.00 the boulder s/;, '^7EI. |ncat000. �rev�r':z YVowi\|pu>v�do these xmvio+oonaohuur!yrnaxirnurn boas notk> exceed $�4,000Y/svAX �nu�ioofor these -e/v|cenuna percent complete basis. Pease contact un with any 4uootonsurcomments, Best Doug Find'a/ Ccpies to: Steve P� -Z/Wp Ca/n+oA/`n>o/RYP o^n :_a^ Blip C1ki Jackson P: c. D;. F.A Jax :'i FA:A F., .. ,4,G -.i F, fi,LEED v� raD. U, Y2A ,,: a :. Ara C 9G ,:A1A .c LEER A? 16 October 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Modifications to San Miguel Bridge Additional Services Proposal (BCJ Project 08519D x12) Dear Mr. Badum: This additional service request addresses changes to the elevator shaft at the San Miguel bridge that were requested by the City in the Construction Administration phase. During the design phase, the City and the design team had agreed that the elevator shaft would be a cast -in -place concrete structure. This is the version that was captured in the construction document set. In the early portion of this year, the Building Committee, upon reflection, began to wonder whether a cast -in -place concrete structure would be the best option for the prominent location the elevator occupies at the corner of Avocado and San Miguel. in addition, concerns began to arise from the City, CW Driver and the design team regarding the quality of concrete work we might expect based on other work seen on the site, further encouraging the City to consider alternates. In response to these concerns, BCJ worked with the City and CW Driver through a series of options. These included the base option of cast -in -place concrete, a patterned concrete option, a 'green screen' option (e.g. a trellis and plantings), a metal -clad option and a stone -clad option. Each of these options was considered for constructability (e.g. technical advisability and schedule impact), durability, cost effectiveness, relationship to the project as a whole, and appeal to the City as an aesthetic choice. After a series of iterations in which BCJ generated design drawings, worked with consultants on technical development, and with the City and CW Driver on cost and schedule implications, BCJ created a presentation that was shown to the Building Committee on the 91" of May, This presentation included elevations, perspectives, costs and a list of pros and cons for each option, Once the Building Committee provided direction to proceed with the metal -clad option, BCJ then worked with Arup structural on the development and documentation of the selected version. Project Scope The scope of this additional service consists of the design /research, development and documentation of an alternate cladding for the San Miguel elevator shaft. Once an option had been settled on as described above, the Archite ,,'u "? P � t'1 L' De, 1il,.^, 49 Dl, i ep y!ttC '.)0 Sari Fr , - 'a:`C'r- a r..:t10a 555.5 Bohlin Cywinski JaCkson 16 October 2012 085190 x 12 Page 2 of 3 design team developed the architectural details for the metal panel system itself, the addition of miscellaneous metals to help accommodate the cladding, related waterproofing and flashing, as well as necessary modifications to adjacent construction. Some examples of these modifications include changes to the shrouds around the elevator doors and adjustments to guardrails and door thresholds to accommodate the increased wall thickness. Structurally, Arup worked with BCJ to accommodate the additional loads imposed by the cladding, as well as the increased cantilevered distances introduced with the increased wall thickness. At the same time, Arup provided re- engineering services in response to unforeseen site conditions in order to help maintain project schedule (i.e. the relocation of the conflicting utilities that were not shown as such in any survey information). Please see the attached proposals from Arup for additional scope detail. In addition to BCJ's design and documentation services described within this proposal, BCJ will coordinate Arup's efforts with CW Driver and the City. Schedule BCJ defers to CW Driver on any proposed changes in schedule based on the scope described in this Additional Service. Project Fee This proposal has been generated on an hourly fee basis, with a not -to- exceed amount of $22,675 based on the assumptions below: Services BCJ 20 hours Senior Associate 10 hours Staff 1 5 hours Staff If 120 hours Staff III Arup Arup Reimbursables BCJ Arup Total $160.00 per hour $105.00 per hour $85.00 per hour $75.00 per hour 21 February proposal 12 July proposal To be billed under base project (085190) To be billed under base project (08519D) $3200 $1050 $425 $9000 $3,000 $6,000 NA NA $22,675 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Bohlin Cywins'rld Jackson 16 October 2012 08519D x12 Page 3 of 3 Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date; ;"//7 Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinskl Jackson Signed: Printed Name: Gregory R, Mottola, ALA Title: Vice President Date: Our ref 208595/JW Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94103 February 21, 2012 Dear Steve 560 bfission Street Suite 700 San Francisco CA 94105 United States of America t +( 415 957 9445 f+1 415 957 9096 john.worleyr arup.com wwv.arupxom �mr is*xxy sttmavr a~flrsu� � �s^�x ,+m,m ���,% �rrCe*'; �- w.+ mx' m;,"' wL�1en ^�nm�ri�txk��aucaw??�w'a�''ru �..ap �cnn.Mexw�ti es w*exM1?;rcmwm meas;?rsatisu >�',u; vtixx�;V.., ,gun r? ix.,nivasti�.xa�aaemx, vil:vw:�. w..awm!$aat+rrwk.,an.,u �'. w.��"+arwsuu,.,.w�.- ww�vv.xdu� ra !aY NBCC &P Project - Additional Service Proposal Structural Engineering Associated with Changes to the San Miguel Bridge ri awrvv+, �:. +U`.*,tt�,Liu+w:Uamnaxww,rt�h`+n . ua3a. �.. aroAwWU, wuwS�` nwMia; wun" e�^ v�tiv.. dW:u;,;v:%wS:wwuNamu.:aax;;.,nr '1P31�aalc:kwv7ral,Uwudw.a" ns.aweax+:wwaYV,aar ;.awdaunutSam�,�.G'xa #v`. This letter provides an additional service fee proposal for Structural Engineering services associated with the changes to the San Miguel Bridge. The addition of cladding of the elevator walls, changes to the elevator wall lengths and heights, changes to grading around the elevator tower, and addition of a stand -alone control room alter the approved structural design and will be documented in a Field Order. The footprint of the elevator tower is unchanged from the approved conformed set drawings for the purpose of this proposal. Scope of Work Structural tasks associated with this work include the following: • Check the adequacy of the current concrete elevator tower structure and foundation system to support increased vertical and lateral load due to the added weight of proposed a cladding system. Complete any redesign that may result from this check. • Check adequacy of the steel beams cantilevered off the concrete elevator tower for increased in cantilever distance due to cladding clearance. Complete any redesign that may result from this check. • Attain approval from the permitting authority, Exclusions The following items are excluded from Structural scope of services covered by this proposal and will be design -build items: • Any revisions to the footprint of the elevator tower. aup Ner'h v erica L'd 2085971) February 21, 2012 Page 2 of 7 • Support and attachment of the cladding to the concrete elevator tower. • Design of the control room structure and its concrete foundation. Schedule We can start on this work immediately once we receive approval from the City for the additional service. We anticipate completing the scope of work within five days from receiving approval. Fees Our fee to complete the above scope of work is $3,000. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal Q 're( 208597,' W Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94103 July 12, 2012 Dear Steve 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t + 1415 957 9445 L+1 415 957 9096 john-worley@arul).com www,arup.com r? Y?aa, .�EY�''�Mx�MS„3mw,8sxUk.�tt4ih,� + asrad`t�+,.,m�22lGr s.vw+nU�.4, n�Yu, v*2':,�. w+kw�eau�xum�assavu. xr, �,uia,w,rtm`.n�lrza aa�;Aau.�zauE,avld�nu,�k dtra 4�uS.,�J`�w`r.ka�uta z Y NBCC &P Project - Additional Service Proposal Structural Engineering Associated with the San Miguel Bridge Elevator Foundation l �} y�+m: t vtsle �;��i i�il? mawt5ti.�iv�lawri.A +rurvw,ttYav+vw �,3! @�d. -s�, 11 t^>a kf , Pig � �tt \w -rn,t x aK3wwW,M"m:.� ¢unw4# +e3� ae,;,vAk • �' : ` sa' luuw4;' �+ lw�' �uu�' �Nw": v? a>ikcs�a*waYiale'a +rltm4v4WAt+x i�w1 X,+?;ux+l��`.��Na.wtisa�aa u, 5v.+�o::ta+uT� This letter provides an additional service fee proposal for Structural Engineering services associated with the San Miguel Bridge Elevator Foundation Redesign. Changes to geotechnical requirements and unforeseen conditions of electrical high voltage lines led to the need to redesign the elevator foundation so it does not extend beyond the footprint of the elevator walls. These conflicts were documented in CW Driver RFI -1075. The changes and additions will be documented in a Field Order and RFI response. Scope of Work Structural tasks associated with this work include the following: • Review of potential conflicts between the foundation, electrical utilities, sidewalk, shoring wall, etc. • Review and integration of new geotechnical requirements based on the April 19 & 25, 2012 Memorandums & Addendums and skin friction and lateral pressure capacities of the bedrock provided by Leighton. • Redesign of the elevator foundation to accommodate conflicts. • Provide drawings and details in the form of a Field Order and RFI response. • Getting approval from the correct agencies. A,= Moan Af ellw Ud S _aqC✓ Stu G{i}t3 G, �.. 248597,Jw My 12,2012 Exclusions Page 2 of 2 The following items are excluded from Structural scope of services covered by this proposal. These items will be design -build items and/or items that should be coordinated with the appropriate subcontractors by the general contractor: • Gathering on -site as -built information of the locations of electrical vaults, conduit, sidewalk, etc. • Design of shoring and excavation. Schedule We can start on this work once we receive approval from the City for the additional service and requested geotechnical information. We anticipate completing the scope of work within five days of receiving approval and all requested information. Fees Our fee to complete the above scope of work will be $6,0M Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely Johan Worley, SE Principal r •'C1.3 �, �k�A F . :I� U . FAI t, LE -l' A "_:_n.A;n ...'E.. . a_LEE� -a •s5 p +.x >.AiA 5 November 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Library Clerestory Modifications Additional Services Proposal (BCJ Project 08519D x13) Dear Mr. Badum: In the design phase of the library addition, knowing that available drawings of the existing structure might not accurately reflect actual built conditions, CW Driver performed some exploratory demolition at key locations. Based on this information, the City, design team and CW Driver discussed the merits of various levels of reconstructing the north elevation of the existing library above and around the library addition. All parties met at Arup's San Francisco offices in the fall of 2010 to discuss the issue directly and came to the conclusion that removal and replacement of the glass from the existing frames would be a cost - effective and logistically feasible way to re- enclose the library. Earlier this year, when CW Driver began to demolish portions of the north elevation at the existing library, they discovered that the actual installed conditions at and below the clerestory were significantly different than that shown in the existing library constructions drawings. The actual construction was both unusual (i.e. beyond the bounds of anything the team might have logically assumed) and not performing well. Among other unusual approaches, the application of panels of stucco over a curtainwall framing system (along with missing flashings and sealants) helped explain why the existing library had been having problems with water infiltration since its construction. Given these conditions, the City has made the decision to reconstruct the affected portions of this elevation with systems and details that are more in line with current professional standards. This additional services proposal provides architectural and structural design and design - assist -level documentation services for these modifications. Project Scope The scope of this project will consist of design and construction observation services. The design services include BCJ and Arup Structural researching and presenting alternate waterproofing strategies, as well as working iteratively with the City, CW Driver and the window system subcontractor, AGA, to develop a revised design scheme that will address the actual field conditions of the library's north elevation clerestory and work with their system. These changes will include a new window system, the development of several new details to ,'!its• k t'v Piann ­i 1 Into ! .,. D>>I.vn 49 Geary St e_t. Suite 3vv J,,n tr'r 'i . -,o San FranciSC, C;aiF,- 73c.10 55;55 15 - 953 -21r _Far: 15 - "u1 ,Bohlin Cywinski Jackson 5 November 2012 08519D x 13 Page 2 of 3 accommodate new construction as well as integrate with the adjoining existing construction. Since the new system will vary from the existing, BCJ will also revise the layout of the elevations (windows and opaque portions of the wall) and work with Arup on the engineering and new details needed to tie the new system back to the existing structure. Three on -site meetings are assumed, as well as two off -site coordination meetings between BCJ and Arup. Construction observation services will include review of submittals and field observations. It is assumed that these observations can occur during regularly- scheduled site visits for the main project, thereby saving the reimbursable expenses associated with additional site visits. Please see the attached proposal from Arup Structural for additional scope detail. In addition to the development and documentation of the architectural scope regarding this change, BCJ will manage this process, and coordinate Arup's efforts with CW Driver and the City. Schedule BCJ defers to CW Driver on any proposed changes in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $28,760 based on the assumptions below: Services BCJ 64 hours 24 hours Arup Reimbursables BCJ Arup Total Senior Associate $160.00 per hour $10,240 Staff 1 $105.00 per hour $2,520 16 July proposal $16,000 To be billed under base project (08519D) NA To be billed under base project (08519D) NA $28,760 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. BOhliOCvVYiF!3kiJackson 5 November 2V12 V8519Dx13 Page Jvf3 Sincerely yours, Greg Mobou^AU\ Principal Cu: BCJ Team OWNER: City n( Newport Beach 8igned:_______--' Printed Name: __--- /nm: __-----_--- Steven Chaituw,A|A Project Manager ARCHTECT: Roh||ocyw|nsNJackson Signed: Printed Name: Gregory R.hiounb,AV\ Title: Vice President Date: O,W 208591/JW Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94103 July 16, 2012 Dear Steve 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t +1415 957 9445 f +1415 957 9096 john.worley §arup.com www.arupxom +mv rve,:Y`C"ut,.w p*�vwv^*ynssfittn+reV+�^+�+x{ �yqy^'.� y�.�4^mM e� �v, refm�r +ass wv,,e mx �e°wmwax n �p':^s�vee°`y` \w"°Rt�w^~a mi� ,.,uaoww.3's, ma,. 5„ as :�„m.,�.�,�il;3.nv,il.WuOadwua�;ti kvw�}m��wd*,.:au wwV�il1,4.i w,o ,au .��.ke.,..,al �a 4nwu aH3.$,. o-ss�ww.: w, imlr .4a?;�'»k..m«xa«.�w'*aziwuuS:+a Si»} NBCC &P Project - Additional Service Proposal Structural Engineering Associated with the Existing Library New Clerestory Facade y ,u.,WwsEi�sxBv �ax. v;. aww�' a�Gfi. �+ 4, x��w; a�w± w `�:Uw`wwJmaaw,..aaLei^�m«3vera, �dm�.;iae� .v� „ax -uea i \m,.wauwicx>a�a�. wash. S�i�S�X�aesdw5 ,4e;5,¢,MaVowa"tPS,v��wv� This letter provides an additional service fee proposal for Structural Engineering services associated with the Existing Library New Clerestory Facade. In lieu of reusing the existing Library clerestory windows, it was decided that an entire new fagade be designed. The new aesthetic design strategy will lead to changes in the approved structural steel design of supports for clerestory fapade and windows. These changes and additions will be documented in a Field Order. Scope of Work Structural tasks associated with this work include the following which will be based on the loads and requirements of the curtain wall and metal stud wall subcontractors: • One day on -site meeting and observation of (E) conditions. • Three shorter meetings with other disciplines and BCJ for coordination. • Redesign of the structural steel supports for the clerestory windows and fagade. • Review of the as -built conditions of the (E) Library roof and structural steel for new loads imposed on the structure. • Provide drawings and details in the form of a Field Order. .aee ......'��x i. Mao North M. erica Ud 2085071M April 13, 2011 Exclusions Page 2 of 2 The following items are excluded from Structural scope of services covered by this proposal. These items will be design -build items and/or items that should be coordinated with the appropriate subcontractors by the general contractor: • Gathering on -site as -built information about the (E) Library building • Design of the curtain wall, metal stud wall, and waterproofing systems and the resultant loads to the structural components. Schedule Due to the schedule urgency, we have started and are close to completing this scope of work. Fees Our proposed fee to complete the above scope of work is $ 16,000 and will be billed on a time and materials basis. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal MR hIPB 'E_.1 il d. yq3 zrnaq�>7. 4 iii :B - s" 0 V 1 E 19 December 2012 Mr. Steve Barium, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional Landscape Architect Site Visits Additional Services Proposal (BCJ Project 08519D x14) Dear Mr.Badum: When PWP developed their proposal for Construction Administration services, they included a specific number of site visits. As their .proposal noted, they based the number on some key assumptions, including that they would be able to review many portions of the project at once while on site. They had included 23 person trips for themselves as well as 10 additional trips for their consultants. In practice the schedule of their site visits has become tighter based on the need to be on site when smaller segments of the overall project require their review. In additional there have been some portions of the landscape scope that did not go as planned, also requiring additional site visits from PWP, Project Scope The scope of this additional service will consist of additional site visits, along with associated field reports. Anticipating a schedule of visits from now through the end of the project, PWP has proposed an additional _ person visits to the site /nurseries. Please see the attached proposal from PWP for additional scope detail. BCJ will help coordinate these additional site visits with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Project Fee This proposal Is for a time- and - material fee, with a not -to- exceed amount of $69,000 based on the assumptions below. ._ 1p RaA ink Int - {ic, Design 49 Gears` Street Suite a07 a., c. - -L co Snit anci-- +,o, C. `:i'rmo, C: iu: -5555 15-' 9-2 1 (, YFax :i5 -9 _ 2101 19 December 2012 085191) x 14 Page 2 of 2 In an effort to economize, this proposal assumes that PWP will be able• to use three of the site visits they had allotted for consultants as their own. It also includes only the cost of the person's time, not the cost of additional reimbursables. BCJ will not be requesting any additional services as part of this proposal. Services BCJ no charge PWP 13 December 2012 proposal $69,000 Reimbursables BCJ To be billed under base project (08519D) NA PWP To be billed under base project (08519D) NA Total $69,000 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottoia, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: _. Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: PWP LANDSCAPE ARCHITECTURE nw.r December 13, 9-012 Stave Chd'a ✓ Bchlin C,'rins4S Jackson Regarding. Additional Site Visits A Nevvport Beach Qt, Hall ? BCJ901 - Dear Hteve� As discussed yesterday, we have outlined this revised request for additional field visits. This '" i'.rex request supersedes our letter of August 31, 2912. These additional e::sits are required so we can obser d and participate in the extended landscape construction schedule. i ne sen'r os to be provided for the fees idenlifiad below are as fbI o ^ s, 1 PAP will provide 17 additional one -day site visits (in addition to those identfed within our current contract). PWP vAl expend those additional site visits through March, 2013. 2 Fire subconsul ant, fees and sen'ces w'a remain as cx:uine:J rhthin our original cont'ar, Nle vAII continue to invoice against that allo,.'ance for PV,'P and subcorsuitant sere ^cus. 3. The construction observtat;an travel and reimbursable expense a bv.ances vfill rerna:n as current/ deni f. d witlnn our contract. le »'I continue to ir1,; :ice against theme al,c,vances. _ The proposed profess oral fees for these additional 17 essits is Mg COO, These fees will be it oiced on a time and materials basis each month, plus any subccrlsuitant re+ated fees, project e;:penses, and travel costs. Please c, ^l vAlJi any questions. Bes regards, Doug Rndlaq DFi ,,b Copies t:3 Conafd Lindgren J ',« ° S a%a T.. -7z. t P,',? Caren nh�� Bohlin Cywinski Jackson Jac Y ar�D. G aL,s. AIA e as.i F `t .Rti " A 3. =,:fit: A'v r P A; F, .riE` ASR. LWMr ,P .ad 6 C ,. >, e1A 30 October 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional Signage Consultant Scope Additional Services Proposal (BCJ Project 08519D x15) Dear Mr. Badum: As you and I discussed in recent months, in the course of the development of the signage package, PhD has provided services beyond those described in their original services proposal. The additional work includes some re -work in response to changes to the floor plans and some additional signage. Project Scope The scope of this additional service includes three separate additional efforts. The first concerns additional work required by PhD in response to the revised plans we sent them that came about through the development of FF +E, e,g. several offices and workstations were shifted. This resulted in the needs to re- import background drawings, change schedules, revised sign elevations and update evacuation maps. The second adds project credit signage to the kiosk in the customer service center. The third replaces several existing evacuation signs in the library. This is in response to the need to accurately show the combined existing floor plan and addition on all evacuation signs in the library, which required work beyond the official extent of work of the library addition. Please see the attached proposal from PhD for additional scope detail. BCJ will help coordinate this additional work with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. A:chlt? ' t'? P,-an n Des an -9 G33:Y St'pe,. Ja:',? �•vu F "37 n, S ?, , 0, 1103'. - {5, 55 d1J Jy.71n1 1( J1 r`C .711.'1 Boi°tiln Cywinsk;i Jackson 30 October 2012 08519D x 15 Page 2 of 2 Project Fee This proposal is for a time- and - material fee, with a not -to- exceed amount of $11,125 based on the assumptions below. Services BCJ no charge PhD 16 July proposal $11,125 Reimbursables BCJ To be billed under base project (08519D) NA PhD To be billed under base project (08519D) NA Total $11,125 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: _ Printed Name: Title: Date: f/ f1 Steven Chaitow, AIA Project Manager ARCHITECT: Sohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 1524a Cioverfield Blvd, Santa Monica, CA 40404 T [310] 829 0900 proposal F [310] 8291849 www.ohdia.com Date: Februay 22, 2012 To: Bohlin Cywinski)ackson Attn: Steve Chaitow From: Randy Walker Re: Newport Beach Civic Center and Park Page 1 o €: 2 Hi Steve, Randy @phdla.com The following services are outlined describing the revisions of the sign schedule, sign location plans /evacuation maps, and sign elevations requiring revised designs. Thanks, Randy Walker Sign Schedule Revise Room numbers and nomenclature on page 5, 6, and 7. (All page nos. from latest CD Package) Sign Location Plan Revise the sign location plans on page 9 and 10 and revise evacuation plans on page39 and 40 per the new plans from BCJ Architects. Sign Elevations Revise elevations on page 26, 29, 57, 58, and 59. ADDED FEE Fees cover only the specific services and scope of work outlined. Fees do not include fabrication. Fees for travel time and other services will be billed separately based on our hourly rates. Project Manager 10 hrs. @$175 /hr $1,750. Production 33.5 hr. @ $150 /hr. $5,025. Total Fee $6,775. Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $150 APPROVED AND AGREED BY: Date Steven Chaitow, Bohlin Cywinski Jackson Randy Walker for Ph.D Februay 22, 2012 Ph.O PrapOSa {; Yew ©ort Beach Gvic Center - Project Additional Work 10125112 Page 2 Proposal I Ph.D A Design Office www.phdla.com 1702 Olympic Blvd Santa Monica CA 90404 310 452 8200 Date: August 13, 2012 To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker randy @phdla.com Re: City Hall Kiosk Rear Panel - Project Credit Graphics Page 1 of: 2 Steve, The following services outline the additional design services to design project credit graphics for the Civic Center on the City Hall Information Kiosk. We can piggyback this change with the earlier change request I sent you on February 22, 2012. Thanks, Randy Walker SCOPE OF WORK PROJECT CREDIT GRAPHICS PHASE I — Schematic Design /Design Development/ 1. Prepare 2 conceptual signage designs of Kiosk back panel for conceptual design review 2. Prepare detailed developed sign designs and graphics elements 3. Prepare construction document of graphic design 4. Prepare sign specifications including materials, colors, and finishes ADDED FEE Fees cover only the specific services and scope of work outlined. Fees do not include fabrication Fees for travel time and other services will be billed separately based on our hourly rates Total Fee: not to exceed $1,500 Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $150 Production $125 APPLICABLE SALES TAX Per Regulation 1540, digital files electronically transferred are not subject to California Sales Tax. Previous Terms & Conditions Apply Ph.D Proposal: Newport Beach Civic Center —Civic Center Project Credits 8/13/12 Page 2 Proposal ( Ph.D A Design Office www.phdla.com 1102 Olympic Blvd Santa Monica CA 90404 310 452 8200 Date: October 25, 2012 To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker randy @phdla.com Re: NBCC- Library Evacuation signage in Existing Library Page 1 of: 2 Steve, The following services outline the additional design services for evacuation maps, location plan revisions, and revisions to the sign schedule for the existing library. Thanks, Randy Walker SCOPE OF WORK 1. Revise location plans 2. Revise sign schedule 3. Revise evacuation map design �trr s Fees cover only the specific services and scope of work outlined. Fees do not include fabrication Fees for travel time and other services will be billed separately based on our hourly rates Project Manager 6 hrs. @$175 = $1,750. Designer 12 hrs. @$150 = $1,800. Total Fee: not to exceed $2,850. Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $150 Production $125 APPLICABLE SALES TAX Per Regulation 1540, digital files electronically transferred are riot subject to California Sales Tax, Previous Terms & Conditions Apply Pb.D Pruw5af: Newport Beach Civic Center - Civic Center Project Credits I0129! 12 Page 2 m.� r 0 F }.« k 4 d :.�i 1..,, art �f� a N° s i Y ..+� a ��'u. i l., � &. �. �x \"'. "a a � fir..✓ a i,. 21 December 2012 Mr. Steve Badurn, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional expenses for Architect Site Visits Additional Services Proposal (BCJ Project 08519D x16) Dear Mr. Badum: As you and I discussed earlier this month, BCJ's construction administration (CA) expenses budget was developed in conjunction with the construction schedule as provided to the team. As I mentioned in our conversation, BCJ's ! A expenses budget will be exhausted at roughly the end of 2012. In order to accommodate for the schedule extension between then and the end of the project, BCJ is providing this proposal for the expenses that will be incurred. Project Scope Based on the anticipated remaining weeks of the project, we have developed a proposal for the related expenses. While there's an amount for expenses such as printing and mailings, the majority of the total is for project - related travel. The travel-related unit costs have remained as proposed in the base proposal. Please see Exhibit A for additional detail. Schedule This proposed additional service assumes that all travel will complete by the second week of April, 2013, Project Fee This proposal Is for reimbursables only, with a not -to- exceed amount of $123,150. 4P Ca 1`Ri a .. i10E-Z�355 r S(}D 21 Doc DV12 0O519Dx10 Page 2W2 Svn/ic*p BCJ nu charge in this proposal Reirnhmnsob|ea DCJ anao extension of the raimbusah|ey from 0D519D $123,150 Total $123`l5O The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact usif you have any questions n, need additional information, Sincerely yours, Greg wnKula,8|8 Principal Cc: BCJ Team OWNER City of Newport Beach Signed: PrinbNNamo� Title: Date: Steven Chaitow'A|A Project Manager ARCHITECT: eoh|ioCywinsNJackson Signed: Printed Name: Gregory R. Mo#v|a,AN Title: Vice President Bohlin Cywinski Jackson Stephen G. Badum, P.E. 21 December 2012 085190 x 16 EXHIBIT A Project Name: Project No. Date: NEWPORT BEACH CIVIC CTR+ PARK - CA 08519D x16 12/21/2012 ADDITIONAL REIMBURSABLE EXPENSES ESTIMATE ATTACHMENT (to proposal) Item No. Description Amount/ No. of CA Phase Remarks Person Days 7 Additional Miles Total BCJ Travel Expenses per 4 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare I car rental $75.00 4 $300.00 3 Food $75.00 4 $300.00 4 Hotel per night $240.00 4 $960.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $2,150.00 BCJ Travel Expenses per 3 -Day Trip 1 Transportation tolfrom airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 3 $225.00 3 Food $75.00 3 $225.00 4 Hotel per night $240.00 3 $720.00 5 Plane Fare (see Note 1) $500.00 1 $500.0 0 Total per person per two day trip $1,760.00 BCJ Travel Expenses per 2 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 2 $150.00 3 Food $75.00 2 $150.00 4 Hotel per night $240.00 2 $480.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $1,370.00 BCJ Travel Expenses per 1 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 1 $75.00 3 .Food $75.00 1 $75.00 4'Hotel per night $240.00 1 $240.00 5'.Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per one day trip $980.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE Bidding -CA PHASES CA 184 -day trips $2,150.00 18 $38,700.00 CA 26 3 -day trips $1,760.00 26 $45,760.00 CA 11 2 -day trips $1,370.00 11 $15,070.00 CA 19 1 -day trips $980.00 19 $18,620.00 Additional Trips (If Required) People X No. of Trips All Expenses for additional trips would be NIC NIC NIC Additional Services Bohlin Cywinski Jackson Stephen G. Badum, P.E. 21 December 2012 08519D x 16 EXHIBITA Project Name: Project No. Date: Note 1:Reimbursable expenses include the following: NEWPORT BEACH CIVIC CTR + PARK - CAI 085190 x16 12/21/2012 ADDITIONAL REIMBURSABLE EXPENSES ESTIMATE - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and ATTACHMENT (to proposal) express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the Item No. Description Amount t No. of CA Phase Remarks over any fare increases that may occur during the term of this agreement, BCJ will require Person Days / Additional Note3t If his additional herein Note 3: if this additional projected amount for BCJ reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ meetings /presentations, changes to costs upon Miles Total dollar amount will be increased based on an updated projection of reimbursable expenses. All BCJ ESTIMATED TOTAL FOR $118,150.00 TRAVELfLODGINGIMEALS (SEE NOTE 2) BCJ TOTAL INITIAL REIMBURSABLE $5,000.00 EXPENSES ESTIMATE FOR REPRODUCTION, PRINTING, .TELEPHONE /FAX, MAIL (REGULAR AND EXPRESS), PHOTOS /PRINTS PER BCJ PROPOSAL TOTAL DESIGN PKOtESSIUNAL I EAM $123,150.00 INITIAL REIMBURSABLE EXPENSES ESTIMATE (see Note 3) Upon Receipt of the City or Newport Beach's written authorization to proceed, BCJ will commence this work. END OF EXHIBIT A Notes: Note 1:Reimbursable expenses include the following: - BCJ transportation, lodging and expenses for all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. _ Rr` 1 p e fnn n6nfne MriMn Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the Note3t If his additional herein Note 3: if this additional projected amount for BCJ reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City or Newport Beach's written authorization to proceed, BCJ will commence this work. END OF EXHIBIT A ' F i .. ; i � , . 3 , 4 7 f�,„..:^ *,� 1't� ? � � f'\ 4.� t'."1 'l.✓'. lQ 21 December 2012 Mr. Steve Badum, Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Nall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional architectural CA services Additional Services Proposal (BCJ Project 08519D x17) Dear Mr. Badum: Per our recent conversation, BCJ's construction administration efforts were developed based on the provided project schedule which was forecast to be complete by the end of this calendar year. As you know, the current forecast if for a mid -April completion, In order to accommodate for the schedule extension between the end of this year and the end of the project, BCJ is providing this proposal for the additional effort that will be required. Project Scope As you and I have discussed, BCJ has been working for the majority of the Construction Administration phase at a monthly loss, i.e. BCJ has not been billing for all hours invested in the project. We have chosen to do this in order to provide a level of service that we feel you as the client deserve, as well as help you get the project that will serve the City well for years to come. In our proposal here, we are requesting an amount that will cover some of our efforts, but not all. We are willing to continue to take monthly losses to help make sure this project has the guidance it needs at this important end phase. As you and I covered, this includes the use of our original 2009 billing rates and staff positions. Please see Exhibit A for additional detail. Schedule This proposed additional service assumes that all construction administration efforts will complete by the second week of April, 2011 Project Fee u _ r'tann,ing Interior Design 49 Geary Street, Suite 300 fikaus•Ca rarPi<i� urg'tiPhilade- phia /Seatt:e /San Francisco Sall Francisco, California 94108 -5555 415.989- 21Q0lFax: x15-989 -2'0" 21 December 2012 08519D x 17 Page 2 of 2 This proposal is for a time - and - material fee, with a not -to- exceed amount of $315,000. Please see Exhibit A for a breakdown of hours. Services BCJ $315,000 Reimbursables BCJ no charge in this proposal Total $315,000 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yoqur$, Fl Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: - --... ..�... (L O N N � p � Q v n U L G w C en aN V m .Z N N U d a v z r O m m O Q1 N ro L Q. Q U C d w X W U 41 4 LL L d ro x _T U C O Q N Z L O 4. w d C ro L 3 0 x N (6 S O O S c 0 U v y a b o] � c m v a N 2 N N c = 0 0 a S Q m` a m c s d N N � O = m 2 U m 2� N d C!) M OS tfY Lf7 T tf} p M N o M N o cfl oonco � M l(5 0 M ACS r d M 64 O H3 b h w cp L�3 c U O O N M Vi m � 0> 00 U W � m m N �p O m a m 0 � a 0 O W n r rA p O ri 64 M r N eA m m LL U m L U e �EwaoRr CITY OF o o NE WPORT { AC °q,FOa�P City Council Staff Report Agenda Item No. 18 June 11, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949 - 644 -3002, sbadum newportbeachca.gov PREPARED BY: Stephen G. Badum, Assistant City Manager APPROVED: � 0. TITLE: Civic Center & Park Project Close Out Accounting ABSTRACT: This item begins to close out the Civic Center and Park project. Funded in large part via $123 million certificates of participation issuance, the remainder of the project's funding includes reserve and special funds set aside for this purpose, including from the Facilities Reserve. In terms of hard construction cost, the project is at about $112.8 million, and a $139.9 million total cost, starting as far back in 2009 as the selection of the BCJ Concept Plan. The City has accounted for this 5 -year project on an incremental basis, amending the construction contract over time as phases were added. The project itself is now practically complete, with only a handful of outstanding issues. RECOMMENDATIONS: 1. Approve the increase of project contingency from $1,623,000 to $6,500,000 and authorize the City Manager and Project Manager to negotiate additional project changes in the amount not to exceed $4,877,000. 2. Authorize the Mayor to execute an amendment to the PSA with Bohlin Cywinski Jackson, increasing the original contract by $579,670 to a revised cost not to exceed $4,994,357. 3. Approve Budget Amendment No. 13BA -046 appropriating $6,856,670 from the unappropriated Civic Center fund balance to Civic Center construction and design accounts as follows: $6,277,000 to account number 7410- C1002030 and $579,670 to account number 7410- C1002009. 1 of 46 Civic Center & Park Project Close Out Accounting June11,2013 Page 2 FUNDING REQUIREMENTS: There are sufficient resources on hand in the Civic Center, Capital Project fund DISCUSSION: After five years of planning (including more than 45 planning meetings), design, permitting and construction, the Civic Center and Park project is substantially complete. This month, the construction team will complete the building and park commissioning process and finish the final "punch list" items. Staff recently received some good news related to the project's Leadership in Energy Efficiency and Design (LEED) application process. Though our initial goal was to achieve LEED certification at the silver level, the project is currently on track to earn a LEED gold certification. If it is indeed certified as "gold ", the new City Hall would be in the top one percent (1 %) of buildings nationwide in terms of its energy efficient design. Following the design process, the original construction contract envisioned a 24 -month construction period from start to finish. While the project was substantially finished in January 2013, the final completion date has been extended to June 2013. This is due to various factors including material delays, scheduling conflicts, weather, and the overall complexity of the project. The additional time required resulted in increased costs to the contractor, C.W. Driver (CWD), for general conditions — defined on page 3 of this report - and for providing construction administration support costs for the design team, led by Bohlin Cywinski Jackson (BCJ). Additionally, the project has experienced an industry- average number of contractual changes (about —6 %) for Building Code compliance, unforeseen changes, design enhancements and items omitted from the original contract plans. Project Changes Before the City entered the project's construction phase, the project team and City Council deliberately set an ambitious goal of keeping contingencies at 2.5% ($2,623,000) of the total construction cost. However, the City later decided to use a large part, $1 million, of that contingency amount to add the pedestrian bridge over San Miguel Road to the project's scope of work. The Council approved the bridge addition as it is an important connection between the two park parcels and will help to keep traffic moving along San Miguel by reducing street -level pedestrian crossings. The addition of the bridge reduced the contingency fund to $1.6 million. Despite considerable effort and oversight, the amount of contract change orders went from the initial goal of 2.5% of the total construction cost to about six percent (6 %) (projected). Six percent is a much more typical contingency amount for a construction project of this magnitude. To help put the contingency amount in perspective, there are 2 of 46 Civic Center & Park Project Close Out Accounting June 11, 2013 Page 3 currently 750 project changes and most of those are under $10,000 each. The current change order projections are categorized as follows: Change Order Category Amount % of Total Building Code / City Requirements $730,000 11.2 Unforeseen Conditions $470,000 7.2 Design Enhancement $1,000,000 15.4 Design Omission $4,300,000 66.2 TOTAL $6,500,000 Staff intends to continue negotiating down the cost of the requested changes, but is requesting that the City Council authorize the increase of the project contingency from $1,623,000 to $6,500,000. A final list of approved change orders will be presented to the Council upon submittal of the formal Civic Center Completion Report in July. Construction General Conditions As previously noted, CWD has continued to provide "general conditions" for the project on a time and materials basis. General conditions typically include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment), personnel to staff the project (including superintendent, inspection and support staff), and the coordination with the architect team, subcontractors, and City representatives. To help reduce these costs, CWD's construction management staff was downsized in early 2013 and the construction trailers and fencing were removed. CWD's project office is temporarily located in the new Training Room / Command Center. The additional cost for the extended general condition period is estimated to be $1,400,000 (January 2013 thru June 2013). City staff is currently negotiating with CWD to reduce these costs. A final amendment to CWD's contract will be brought to Council for review in July. Construction Support Services On November 24, 2010, City Council approved a Professional Services Agreement with BCJ for construction administration support services for the Civic Center and Park project. Several amendments to the agreement, adding to the original scope of work, have been executed. The original contract envisioned a 24 -month schedule, ending in December 2012. The current contract is for work on a time and materials basis at a cost not to exceed $4,414,687. To help keep the construction project on schedule, and after discussions with the Building Committee, staff authorized additional scope changes which are being proposed as a final amendment to BCJ's contract. The items of work include: 3 of 46 Civic Center & Park Project Close Out Accounting June11,2013 Page 4 Modifications to the San Miguel Pedestrian Bridge Design. The elevator tower was originally designed to be a standard concrete finish. At the direction of the Building Committee, BCJ investigated several alternative finish treatments and a zinc metal clad option was chosen. The cost of the work includes revising plans details and structural dimensions and totals $22,675. • Alternative Landscape Feature. The project originally included a Patrick Dougherty willow sculpture within the park at the intersection of the pedestrian paths. The City could not reach a contractual agreement with the artist and it was decided to replace the sculpture with a landscape feature - a 108" box Coastal Live Oak and assorted rock boulders. The design cost for the new feature is $9,960. The construction cost was offset by the savings from for the original willow sculpture. • Library Clerestory Modifications. The City Council recently approved a construction contract amendment to repair and rebuild the Central Library's existing clerestory windows to cure a long- standing problem with leakage during rain events. The cost to design and prepare plans for this repair work is $28,760. • Additional Project Signage. During the course of the work, staff made several building changes due to ongoing staff reorganization. These changes necessitated reworking of the signage plan. Staff also added signage to the back side of the Customer Service Center kiosk. The sign will serve as the building's commemorative plaque. The cost for these changes is $11,125. • Additional Landscape Architect Site Visits. The original travel allowance for BCJ's landscape architecture consultant, Peter Walker Partners (PWP), included 33 "person trips ". Due to the pace of the construction project and the need to review smaller segments of work and rework, additional site visits are required to ensure the quality of the completed project. Up to 17 additional person trips are proposed at a maximum cost of $69,000. • Additional Architect Fees. The contractual term for Construction Administration and Support services by the BCJ team ended in December 2012. Extending the architects involvement in the project has been critical in ensuring the quality and functionality of the completed project. Staff has negotiated with BCJ to extend the firm's services to project completion. The architects' hourly rates have been held to previously negotiated levels and a reduction in fee has been achieved. The proposed fee of $315,000 includes this reduction and holds current hourly rates. • Additional Architect Expenses. This item represents the additional travel expenses and reimbursable items in connection to the extended construction administration and support services. The cost for these expenses from January 2013 through completion is estimated at $123,150.00. 4 of 46 Civic Center & Park Project Close Out Accounting June11,2013 Page 5 More about Extended Fees The original contract with BCJ for construction administration and support, including expenses, was $4,414,687 for a 24 -month term, or $184,000 per month. The proposed cost of the extended services, the period from January 2013 to project completion, is $438,150, or $87,600 per month. BCJ representatives acknowledge that these additional expenses are a concern to the City and have made substantial efforts to trim and contain their firm's costs. The proposed amendment to the BCJ contract for the services listed above is $579,670. The work will be billed on a time and materials basis. The amended contract will expire in June 2013. With the approval of this amendment, the total, not -to- exceed cost will be $4,994,357. Overall Civic Center & Park Budget Including the project changes and extended construction support and administration, the total cost of the Civic Center and Park project is currently approximately $140 million. This total cost falls at the high -end of the formal estimates we gave to the community and the Council in late 2010 (with a slightly lower inflationary escalator estimate than actual inflation since that time). At that time, staff was hopeful that we could bring the project in below $140 million. Had we succeeded in completing the project in December 2012 as planned, the total project cost would have remained well below that target. Project Costs To Date Amount Soft Costs Architectural Design $ 15,749,288 Design credit - SCE Savings By Design (261,150) Environmental Documentation & Monitoring 686,235 Project Management 3,243,895 Soft Costs Total = $ 19,418,268 Hard costs Construction Contract $ 104,998,344 Contract Change orders (projected) 6,500,000 FEMA reimbursement for storm damage (65,005) Extended General Conditions (projected) 1,400,000 Hard Costs Total = $ 112,833,339 Ancillary Costs Contract Plan Check/Building Inspection $ 1,426,285 Contract Material Testing and Special Inspection 1,309,608 Fixtures, Furniture, & Equipment (City Hall & library) 2,952,469 OCIP Insurance Program (estimated) 2,000,000 Ancillary Costs total = $ 7,688,362 Total Project Cost to date = $ 139,939,969 5 of 46 Civic Center & Park Project Close Out Accounting June 11, 2013 Page 6 Several items in the above list were purposeful efforts on the City's part to construct a park and civic center that is community- friendly, built to last, and built to save resources in the long run. These include: • The site itself involved a months -long, $8- million excavation project to lower the council chambers, the community room, the city hall and parking structure below a view line that protects the public views of the ocean and harbor from MacArthur Boulevard. This excavation took six months and removed over 21,000 truckloads of dirt from the site. • Early on, the City chose to combine the design team and the construction management firm. The City, CWD and BCJ worked side -by -side as soon as the BCJ concept was selected in 2009. While this increased some soft costs, we believe that it saved money in the long run, by conducting early constructability reviews with the architects and CWD. • The City included a significant stormwater capture program that extends all the way to the side of the Central Library, catching and naturally treating the site's stormwater and urban runoff before it enters the bay and ocean. Given how critical water quality is to the community, this was a vital addition to the project. It added about $2 million to the total project cost. • The City Hall building's design includes energy- efficient features that take advantage of the Newport Beach climate. Features such as the raised -floor system, the operable and automated windows, and the automated blinds, help to reduce energy costs. For example, the raised floor allows us to cool interior air to only 65 degrees Fahrenheit, rather than the typical 55 degrees. The pending LEED Gold certification shows that we are exceeding our initial energy conservation and sustainability targets, and as a result, are likely to have significant utility cost savings in the long run. In fact, the SCE Savings by Design energy modeling shows that we can expect 31 percent savings (approx. $70K/year) over a non -LEED building. Since the majority of our former City Hall was built before energy efficiency requirements (pre - 1978), we expect actual savings to significantly exceed the projected savings. The additional "one time" construction cost to attain LEED Gold certification for our Civic Center was $839,000, after incentives. That additional cost will be paid back through energy savings in less than 13 years and the continued energy savings will result in millions of dollars over the life of the building. For example, the net present value of the savings over the next 50 years will be approximately $2.4 million, assuming the energy savings escalates at 3% per year and all cash flows are discounted at 3 %. • The City added extra checks and balances to our inspection programs. Note that the Contract Materials Testing and Special Inspection line items above account for $1.3 million in cost. This was done given the water intrusion concerns of the site, as well as the amount of steel that the building contains. Expert waterproofing inspection and steel inspection should add significantly to the life of the project. • We decided to outsource plan check and building inspection for this project. This amount, more than $1.4 million, allowed our in -house plan checkers and building 6 of 46 Civic Center & Park Project Close Out Accounting June11,2013 Page 7 inspectors to keep doing residential and commercial projects for our constituents in Newport Beach instead of delaying our customers' projects for this municipal project. • We added an extra layer of insurance protection, knowing that the excavation and sensitive construction of this project could have been problematic. Things generally went quite well and we are thankful for that. However, just in case something went wrong, we used an Owner - Controlled Insurance Program (OCIP), even as the contractor included some level of insurance as well. A reconciliation of contracts would show that we purposefully placed some non - project costs into the overall Civic Center contracts to take advantage of the on -site construction management, inspection, and insurance. The major item here was the approximately $1.5M repair of the Central Library. Following its construction in 1992 -1994, rain water leaked into the north side of the Central Library during significant storm events. As a result of this project and opening the north side of the building to add the second Central Library entrance, we discovered that the 20- year -old clerestory windows were not constructed nor installed correctly. We also found that the stairwell was not built per plan and that the second floor wasn't level in all places. These issues obviously needed to be corrected. This remedial work, including design costs, was added to the Civic Center contract. Other equipment/furnishing expenses and $830,000 in information technology improvements were also included in the Civic Center construction contracts. Each of these expenses related to products and purchases intended for the "old" city hall as a part of routine upgrades to IT (such as a new data center) and equipment/furnishings. Concluding Thoughts As we look back on this important community project, there are, of course, some things we would have done differently. Overall, however, we think that many things ended up being beneficial to the community's significant investment in its Civic Center. Here are some of those items: • The private- sector management model for this public project worked, though it had its challenges. The open -bid process for all of the project's sub - trades — held in December 2010, was competitive and went well. Nearly all of the selected vendors were high - quality, competent vendors. We had real experts with us at BCJ and CWD, and they were successful in navigating the tensions that exist between designers and contractors, as well as in troubleshooting issues the community will never see, yet that saved project resources. • We moved quickly in 2009 and 2010 to get out to bid to take advantage of low labor and low materials costs during the 2008 -2011 recession. That allowed us to save money on subcontractors, plants, excavation, cement, steel, glass, and more. But that speed did put more pressure on the design team's process, resulting in having to catch -up with design refinements. The net financial result, though, was more in our favor than not. 7of46 Civic Center & Park Project Close Out Accounting June 11, 2013 Page 8 • There is great satisfaction in seeing how the community is using the civic center. From visitors to the park (including the canine kind), to people pausing to look at the view from the pedestrian bridge, to customers at the permit counter who no longer have to go to multiple counters to pull a permit, to library patrons who have fully filled in the new study carrels and who no longer have to struggle for parking, the Civic Center is getting exactly the right kind of use — the use for which it was designed. • While we gained significant economies of scale by combining five projects into one (the five being the parks, the Central Library expansion, the parking structure, the City Hall, and the pedestrian bridge), some in the community never fully realized nor embraced that the project had become more than a city hall. This was despite the 45 or more public meetings held on the issue, multiple articles in the news media, and multiple resident newsletters about it. As a result, some in the community remain frustrated with the overall cost, as they think the project only involved a city hall building. We understand that. We appreciate that residents and business people are busy and many do not have the time or interest to follow every turn of civic issues. Our hope is that, over time, community members will utilize and enjoy their civic center and see that this was the right investment in the right project at the right time. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: .&N5-phe�v(,F. Badum Asst t City Manager Attachment: A. Professional Services Agreement B. Budget Amendment AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. SEVEN TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Seven ") is made and entered into as of the 11th day of June, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City'), and BOHLIN CYWINSKI JACKSON, a Pennsylvania corporation ( "Consultant'), whose address is 49 Geary Street, Suite 300, San Francisco, CA 94108, and is made with reference to the following: RECITALS A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for professional services for the third phase of the Newport Beach Civic Center and Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA ( "Project'). B. On June 23, 2011, City and Consultant entered Amendment No. One to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. One'). C. On August 22, 2011, City and Consultant entered Amendment No. Two to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Two "). D. On September 24, 2011, City and Consultant entered Amendment No. Three to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Three'). E. On November 22, 2011, City and Consultant entered Amendment No. Four to the Agreement to increase the scope of work, extend the term to March 31, 2013, and increase the total compensation ( "Amendment No. Four'). F. On February 27, 2012, City and Consultant entered Amendment No. Five to the Agreement. to increase the scope of work and increase the total compensation ( "Amendment No. Five "). G. On May 30, 2012, City and Consultant entered Amendment No. Six to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Six "). H. City desires to enter into this Amendment No. Seven to increase the scope of work and to increase the total compensation. I. City and Consultant mutually desire to amend this Agreement, as provided below. 9 of 46 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on November 24, 2010, and shall terminate on September 30, 2013, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement, as previously amended, shall be supplemented to include the additional Services, which are attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Seven shall collectively be known as "Exhibit A." The City may elect to delete certain tasks of the Services to be performed at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of this Amendment No. Seven, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million Nine Hundred Ninety Four Thousand Three Hundred Fifty Seven Dollars and 00/100 ($4,994,357.00.00) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Seven, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Hundred Seventy Nine Thousand Six Hundred Seventy Dollars and No /100 ($579,670.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Bohlin Cywinski Jackson Page 210 of 46 IN WITNESS WHEREOF, the parties have caused this Amendment No. Seven to be executed on the dates written below. APPROVED AS TO FORM: CITY AT NEY'S OFFICE Date:-- By:V ( m Aaron C. Harp City Attorney (1k ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Keith D. Curry Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania corporation Date: By: Gregory R. Mottola Vice President Date: By: William D. Loose Vice President / Treasurer [END OF SIGNATURES] Attachments: Exhibit A — • Additional Services Proposal for Structural Engineering Associated with Changes to the San Miguel Bridge, dated 2/21/12; • Additional Services Re Sign Schedule, dated 2/22/12; • Additional Services Proposal for Structural Engineering Associated with the San Miguel Bridge Elevator Foundation, dated 7/12/12; • Additional Services Structural Engineering associated with exisiting Library New Clerestory Fagade, dated 7/16/12 • Additional Services re City Hall Kiosk, dated 8113/12; • Additional Services Proposal for Alternate Landscape Feature, dated 8/31/12; • Additional Services Proposal for Modifications to San Miguel Bridge, dated 10/16/12; • Additional Services re Library Evacuation Signage, 10/25/12; • Additional Services Proposal for Additional Signage Consultant Scope, dated 10/30/12; • Additional Services Proposal for Library Clerestory Modifications, dated 11/5/12; • Additional Services re Additional Site Visits, dated 12/13/12; • Additional Services Proposal Landscape Architect Site Visits, dated 12/19/12; • Additional Services Proposal Expenses for Architect Site Visits, dated 12/21/12; and • Additional Services Proposal Architectural CA Services, dated 12/21/12 Bohlin Cywinski Jackson Page 3 11 or 46 EXHIBIT A ADDITIONAL SERVICES PROPOSALS Bohlin Cywinski Jackson Page A -1 12of46 Our ref 2085971JW Steve Chaitow Bolin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94103 February 21, 2012 Dear Steve ARUP 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t +u 4t5 957 9445 f +l 415 957 9096 john.worley@arup.com www.arupxom NBCC &P Project - Additional Service Proposal Structural Engineering Associated with Changes to the San Miguel Bridge This letter provides an additional service fee proposal for Structural Engineering servtces associated with the changes to the San Miguel Bridge. The addition of cladding of the elevator walls, changes to the elevator wall lengths and heights, changes to grading around the elevator tower, and addition of a stand -alone control room alter the approved structural design and will be documented in a Field Order. The footprint of the elevator tower is unchanged from the approved conformed set drawings for the purpose of this proposal. Scope of `York Structural tasks associated with this work include the following: • Check the adequacy of the current concrete elevator tower structure and foundation system to support increased vertical and lateral load due to the added weight of proposed a cladding system. Complete any redesign that may result from this check. • Check adequacy of the steel beams cantilevered off the concrete elevator tower for increased in cantilever distance due to cladding clearance. Complete any redesign that may result from this check. • Attain approval from the permitting authority. Exclusions The following items are excluded from Structural scope of services covered by this proposal and will be design -build items: • Any revisions to the footprint of the elevator tower. Amp North America Ltd 13 of 46 20859701V February 21, 2012 Page 2 of 2 • Support and attachment of the cladding to the concrete elevator tower. • Design of the control room structure and its concrete foundation. Schedule We can start on this work immediately once we receive approval from the City for the additional service. We anticipate completing the scope of work within five days from receiving approval. Fees Our fee to complete the above scope of work is $3,000. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal ueaaswxrv:x ca�anawo .uwo�xMicaosornwwcows�rwaoau�r wrearv� ,e ry �.e aeMFk ao <x� ex re, ue E aao E.00 . 14 of 46 1524a Cloverfeld Blvd. Santa Monica, CA 90404 T [310] 829 0900 proposal F (3101829 1859 www.phdia.com Date: Februay 22, 2012 To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker Re: Newport Beach Civic Center and Park Page 1 of: 2 Hi Steve, Randy @phdla.com The following services are outlined describing the revisions of the sign schedule, sign location plans /evacuation maps, and sign elevations requiring revised designs. Thanks, Randy Walker 15 of 46 Sign Schedule Revise Room numbers and nomenclature on page 5, 6, and 7. (All page nos. from latest CD Package) Sign Location Plan Revise the sign location plans on page 9 and 10 and revise evacuation plans on page39 and 40 per the new plans from BCJ Architects. Sign Elevations Revise elevations on page 26, 29, 57, 58, and 59. ADDED FEE Fees cover only the specific services and scope of work outlined. Fees do not include fabrication. Fees for travel time and other services will be billed separately based on our hourly rates. Project Manager 10 hrs. @$175 /hr $1,750. Production 33.5 hr. @ $150 1hr. $5,025. Total Fee $6,775. Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. - Principal $225 Project Manager $175 Designer $150 APPROVED AND AGREED BY: Steven Chaitow, Bohlin Cywinski Jackson Randy Walker for Ph.D Ph.D Proposal: Newport Beach Civic Center - Project Additional Work Februay 22, 2012 Date 10/25/12 Page 2 16 of 46 Our rel 208597/JW Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 941.03 July 12, 2012 Dear Steve NBCC &P Project - Additional Service Proposal ARUP 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t +1415 957 9445 r +1 415 957 9096 john.worley @amp.com www.uup.com Structural Engineering Associated with the San Miguel Bridge Elevator Foundation This letter provides an additional service fee proposal for Structural Engineering services associated with the San Miguel Bridge Elevator Foundation Redesign. Changes to geotechnical requirements and unforeseen conditions of electrical high voltage lines led to the need to redesign the elevator foundation so it does not extend beyond the footprint of the elevator walls. These conflicts were documented in CW Driver RFI -1075. The changes and additions will be documented in a Field Order and RFI response. Scope of Work Structural tasks associated with this work include the following: • Review of potential conflicts between the foundation, electrical utilities, sidewalk, shoring wall, etc. • Review and integration of new geotechnical requirements based on the April 19 & 25, 2012 Memorandums & Addendums and skin friction and lateral pressure capacities of the bedrock provided by Leighton. • Redesign of the elevator foundation to accommodate conflicts. • Provide drawings and details in the form of a Field Order and RFI response. • Getting approval from the correct agencies. Arup North America Ltd FOYrvOnILW PE�E'a1W19pCF 17 of 46 2085971JW July 12, 2012 Exclusions Page 2 of 2 The following items are excluded from Structural scope of services covered by this proposal. These items will be design -build items and /or items that should be coordinated with the appropriate subcontractors by the general contractor: • Gathering on -site as -built information of the locations of electrical vaults, conduit, sidewalk, etc. • Design of shoring and excavation. Schedule We can start on this work once we receive approval from the City for the additional service and requested geotechnical information. We anticipate completing the scope of work within five days of receiving approval and all requested information. Fees Our fee to complete the above scope of work will be $6,000. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal 18 of 46 eu"d 2085971JW Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94103 July 16, 2012 Dear Steve NBCC &P Project - Additional Service Proposal ARUP 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t +1415 957 9445 f +l 415 957 9096 john.worley@arup.com www.arup.com Structural Engineering Associated with the Existing Library New Clerestory Facade This letter provides an additional service fee proposal for Structural Engineering services associated with the Existing Library New Clerestory Facade. In lieu of reusing the existing Library clerestory windows, it was decided that an entire new facade be designed. The new aesthetic design strategy will lead to changes in the approved structural steel design of supports for clerestory facade and windows. These changes and additions will be documented in a Field Order. Scope of `York Structural tasks associated with this work include the following which will be based on the loads and requirements of the curtain wall and metal stud wall subcontractors: • One day on -site meeting and observation of (E) conditions. • Three shorter meetings with other disciplines and BCJ for coordination. • Redesign of the structural steel supports for the clerestory windows and facade. • Review of the as -built conditions of the (E) Library roof and structural steel for new loads imposed on the structure. • Provide drawings and details in the form of a Field Order. I:sPMIWW200`-0]VPROJECT POA15v I4iR <i ILxUOF PROJE4T Flrv.W cNL FI1c3tYlb � LONiPPCIS. W STS, FEEi�X9 4F£MOPo9}L91N9NE`N L ®R�RY LLFAESTOPY FAGOEOOCR Amp North America Ltd 19 of 46 20859i1M A01 13, 2011 Page 2 of 2 Exclusions The following items are excluded from Structural scope of services covered by this proposal. These items will be design -build items and/or items that should be coordinated with the appropriate subcontractors by the general contractor: • Gathering on -site as -built information about the (E) Library building • Design of the curtain wall, metal stud wall, and waterproofing systems and the resultant loads to the structural components. Schedule Due to the schedule urgency, we have started and are close to completing this scope of work. Fees Our proposed fee to complete the above scope of work is $16,000 and will be billed on a time and materials basis. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal O. ECLAOmirvi3iRAilONan ]PRO]ECGGINnnC�LLFILES�Y]N�^ Ni A(.T9, CO6L9. V£E9z%N FEEPROPoSALS� %S++Ety L'iPMflv0.EPE510PV GAf.MEDOC% 20 of 46 Proposal I Ph.D A Design Office www.phdla.com 1102 Olympic Blvd Santa Monica GA 90404 310 452 8200 Date: August 13, 2012 'To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker randy @phdla.com Re: City Hall Kiosk Rear Panel - Project Credit Graphics Page 1 of: 2 Steve, The following services outline the additional design services to design project credit graphics for the Civic Center on the City Hall Information Kiosk. We can piggyback this change with the earlier change request I sent you on February 22, 2012. Thanks, Randy Walker 21 of 46 SCOPE OF WORK PROJECT CREDIT GRAPHICS PHASE I — Schematic Design /Design Development/ 1. Prepare 2 conceptual signage designs of Kiosk back panel for conceptual design review 2. Prepare detailed developed sign designs and graphics elements 3. Prepare construction document of graphic design 4. Prepare sign specifications including materials, colors, and finishes ADDED FEE Fees cover only the specific services and scope of work outlined. Fees do not include fabrication Fees for travel time and other services will be billed separately based on our hourly rates Total Fee: not to exceed $1,500 Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $150 Production $125 APPLICABLE SALES TAX Per Regulation 1540, digital files electronically transferred are not subject to California Sales Tax. Previous Terms & Conditions Apply Ph.D Proposal: Newport Beach Civic Center - Civic Center Project Credits 8/13/12 Page 2 22 of 46 10019ron Peter Q. Bohim, FAIA Bernard J. CNNinski, FAIA(1940 -2011) Jon C. Jackson, FAIA Frank W. Grauman, FAIA, LEER AP William D. Loose, AIA Cornelius J. Reid, III .AIA Karl A. Backus. AIA Gregory R. Moltola, AIA C. Roxanne Sherbeck, AIA Robert E Miller, AIA, LEED AP Raymond S. Calabro, AIA 31 August 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Alternate Landscape Feature Additional Services Proposal (BCJ Project 08519D x11) Dear Mr. Badum: In the spring of this year it became apparent that the City would not be able to reach a contractual agreement with the artist Patrick Dougherty, who had been budgeted to provide an important point of landscape art. In order to maintain a point of landscape interest in the project, BCJ and PWP proposed a landscape feature at the intersection of two site paths along the boundary between the wetland and the main entry to the Civic Center. After seeing a schematic proposal of the idea, the City agreed that this idea was worth inclusion in the project. This additional services proposal provides design and documentation services for this alternate. Project Scope The scope of this project will consist of PWP's generation, development and documentation of an alternate landscape feature. This alternate will be based on the schematic idea proposed by PWP and approved by the City. The idea features a specimen oak surrounded by a series of boulders of varying sizes, including some large enough to serve as seating. Please see the attached proposal from PWP for additional scope detail. BCJ will manage this process, and coordinate PWP's efforts with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre/Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5555 415 - 989 - 2100 /Fax: 415- 989 -2101 23 of 46 Bohiin CyWinski Jackson 31 August 2012 08519D x 11 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $9,960 based on the assumptions below: Services BCJ 6 hours Senior Associate $160.00 per hour $960 PWP 14 August 2012 proposal $9,000 Reimbursables BCJ To be billed under base project (08519D) NA PWP To be billed under base project (08519D) NA Total $9,960 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, y Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 24 of 46 PWP LANDSCAPE ARCHITECTURE PETER WALKER,FASLA August 14, 2012 DOUGLAS FINDLAY Steven Chaitow DAVID WALKER Bohlin Cywinski Jackson . ADAM GREENSPAN 49 Geary St., Suite 300 - San Francisco, CA 94108 SANDRA HARRIS schaltow @bcf.COm MATTHEW DONHAM - CHRIS DI,MOND, FASLA Regarding: Proposal for Design Services and Construction Documentation Revisions Related to the Daugherty Sculpture Replacement Newport Beach Civic Center / BCJ901 JULIE CANTER ,b11CHAEL DELLIS Dear Steve: CONARD LINDGREEN We request Additional Services related to the replacement of the Daugherty sculpture. These JENNIFER SASSON services include the following: A. Provide Design Resolution services to identify an alternate design and prepare illustrative CARMEN ARROYO drawings. JANET BEAGLE B. Prepare a pricing package describing the scope of the design change and related details. KAZUNARI KOBAYASHI CORNELIA ROPPEL C. REVISE the Construction Documents to incorporate the design revisions. DORIS SCHENK D Provide construction Field Services to field- select the boulder elements. TAYA SHOUP - E. Provide on -site field services during regular site visit to locate and refine the boulder JAY SNA.INTEK locations. STEVE TYCZ We will provide these services on an hourly maximum basis not to exceed $9,000. We \AAll invoice for these services on a percent complete basis. Please contact us with any questions or comments. Best Regards, Doug Findlay Copies to: Steve Tycz / PWP Carmen Arroyo / PVVP z: \bcV301 \dccs \pmpcs s%c df ac 12C814.doc 739 ALI STON WAY BERKELEY, CA 94710 T 570.849.9494 F 510.849.9333 WY11N PWPLA.COM 25 of 46 rn Bohlin Cywinski Jackson Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA (1940.2011) Jon C. Jackson. FAIA Frank W. Grauman, FAIA, LEED AP William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. btottola, AIA. — C. Roxanne Sher'oeck, AIA Robert E. Miller, AIA, LEED AP Raymond S. Calabro, AIA 16 October 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Modifications to San Miguel Bridge Additional Services Proposal (BCJ Project 08519D x12) Dear Mr. Badum: This additional service request addresses changes to the elevator shaft at the San Miguel bridge that were requested by the City in the Construction Administration phase. During the design phase, the City and the design team had agreed that the elevator shaft would be a cast -in -place concrete structure. This is the version that was captured in the construction document set. In the early portion of this year, the Building Committee, upon reflection, began to wonder whether a cast -in -place concrete structure would be the best option for the prominent location the elevator occupies at the corner of Avocado and San Miguel. In addition, concerns began to arise from the City, CW Driver and the design team regarding the quality of concrete work we might expect based on other work seen on the site, further encouraging the City to consider alternates. In response to these concerns, BCJ worked with the City and CW Driver through a series of options. These included the base option of cast -in -place concrete, a patterned concrete option, a 'green screen' option (e.g. a trellis and plantings), a metal -clad option and a stone -clad option. Each of these options was considered for constructability (e.g. technical advisability and schedule impact), durability, cost effectiveness, relationship to the project as a whole, and appeal to the City as an aesthetic choice. After a series of iterations in which BCJ generated design drawings, worked with consultants on technical development, and with the City and CW Driver on cost and schedule implications, BCJ created a presentation that was shown to the Building Committee on the 9" of May. This presentation included elevations, perspectives, costs and a list of pros and cons for each option. Once the Building Committee provided direction to proceed with the metal -clad option, BCJ then worked with Arup structural on the development and documentation of the selected version. Project Scope The scope of this additional service consists of the design /research, development and documentation of an alternate cladding for the San Miguel elevator shaft. Once an option had been settled on as described above, the Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre /Pittsburgh ,'Philadelphia /SeattlelSan Francisco San Francisco, California 94108 -5555 415- 999 - 2100 /Fax: 415 -989 -2101 26 of 46 Bohlin Cywinski Jackson 16 October 2012 08519D x 12 Page 2 of 3 design team developed the architectural details for the metal panel system itself, the addition of miscellaneous metals to help accommodate the cladding, related waterproofing and flashing, as well as necessary modifications to adjacent construction. Some examples of these modifications include changes to the shrouds around the elevator doors and adjustments to guardrails and door thresholds to accommodate the increased wall thickness. Structurally, Arup worked with BCJ to accommodate the additional loads imposed by the cladding, as well as the increased cantilevered distances introduced with the increased wall thickness. At the same time, Arup provided re- engineering services in response to unforeseen site conditions in order to help maintain project schedule (i.e. the relocation of the conflicting utilities that were not shown as such in any survey information). Please see the attached proposals from Arup for additional scope detail. In addition to BCJ's design and documentation services described within this proposal, BCJ will coordinate Arup's efforts with CW Driver and the City. Schedule BCJ defers to CW Driver on any proposed changes in schedule based on the scope described in this Additional Service. Project Fee This proposal has been generated on an hourly fee basis, with a not -to- exceed amount of $22,675 based on the assumptions below Services BCJ 20 hours Senior Associate 10 hours Staff 1 5 hours Staff II 120 hours Staff III Arup Arup Reimbursables BCJ Arup Total $160.00 per hour $105.00 per hour $85.00 per hour $75.00 per hour 21 February proposal 12 July proposal To be billed under base project (08519D) To be billed under base project (08519D) $3200 $1050 $425 $9000 $3,000 $6,000 NA NA $22,675 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, 27 of 46 Bohlin Cywinski Jackson 16 October 2012 08519D x 12 Page 3 of 3 Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 28 of 46 Proposal I Ph.D A Design Office www.phdla.com 1702 Olympic Blvd Santa Monica CA 90404 310 452 8200 Date: October 25, 2012 To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker randy @phdla.com Re: NBCC- Library Evacuation signage in Existing Library Page 1 of: 2 Steve, The following services outline the additional design services for evacuation maps, location plan revisions, and revisions to the sign schedule for the existing library. Thanks, Randy Walker 29 of 46 SCOPE OF WORK 1. Revise location plans 2. Revise sign schedule 3. Revise evacuation map design ADDED FEE Fees cover only the specific services and scope of work outlined. Fees do not include fabrication Fees for travel time and other services will be billed separately based on our hourly rates Project Manager 6 hrs. @$175 = $1,750. Designer 12 hrs. @$150 = $1,800. Total Fee: not to exceed $2,850. Billing Rate Schedule The following hourly rates will be used for optional or additional meetings and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $150 Production $125 APPLICABLE SALES TAX Per Regulation 1540, digital flies electronically transferred are not subject to California Sales Tax. Previous Terms & Conditions Apply Ph.D Proposal: Newport Beach Civic Center— Civic Center Project Credits 10125/12 Page 2 30 of 46 Bohlin Cywinski Jackson Peter Q. eoMin, FAIA Bernard J. Cywinski, FAIA (1340 -2011) Jon G Jackson, FAIA Frank W. Grauman, FAIA, LEED AP William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Module, AIA C. Roxanne Snerback, AIA Robert E. Miller, AIA, LEED AP Raymond S. Calabro, AIA 30 October 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional Signage Consultant Scope Additional Services Proposal (BCJ Project 08519D x15) Dear Mr. Badum: As you and I discussed in recent months, in the course of the development of the signage package, PhD has provided services beyond those described in their original services proposal. The additional work includes some re -work in response to changes to the floor plans and some additional signage. Project Scope The scope of this additional service includes three separate additional efforts. The first concerns additional work required by PhD in response to the revised plans we sent them that came about through the development of FF +E, e.g. several offices and workstations were shifted. This resulted in the needs to re -import background drawings, change schedules, revised sign elevations and update evacuation maps. The second adds project credit signage to the kiosk in the customer service center. The third replaces several existing evacuation signs in the library. This is in response to the need to accurately show the combined existing floor plan and addition on all evacuation signs in the library, which required work beyond the official extent of work of the library addition. Please see the attached proposal from PhD for additional scope detail. BCJ will help coordinate this additional work with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street, Suite 300 Nlilkes- Barre? Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94106 -5555 415 - 989 - 2100 /Fax: 415 -989 -2101 31 of 46 Bohlin Cywinski Jackson 30 October 2012 08519D x 15 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $11,125 based on the assumptions below. Services BCJ no charge PhD 16 July proposal $11,125 Reimbursables BCJ To be billed under base project (08519D) NA PhD To be billed under base project (08519D) NA Total $11,125 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 32 of 46 Peter Q. Bohlia, FAIR Bernard J. Cyv /inski, FAIA (1940 -2011) Jon C. Jackson, FAIA Frank W. Graunaa, FAIA, LEED AP William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mattala, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA, LEED AP Raynond S. Caiabro, AIA 5 November 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Library Clerestory Modifications Additional Services Proposal (BCJ Project 08519D x13) Dear Mr. Badum: In the design phase of the library addition, knowing that available drawings of the existing structure might not accurately reflect actual built conditions, CW Driver performed some exploratory demolition at key locations. Based on this information, the City, design team and CW Driver discussed the merits of various levels of reconstructing the north elevation of the existing library above and around the library addition. All parties met at Arup's San Francisco offices in the fall of 2010 to discuss the issue directly and came to the conclusion that removal and replacement of the glass from the existing frames would be a cost - effective and logistically feasible way to re- enclose the library. Earlier this year, when CW Driver began to demolish portions of the north elevation at the existing library, they discovered that the actual installed conditions at and below the clerestory were significantly different than that shown in the existing library constructions drawings. The actual construction was both unusual (i.e. beyond the bounds of anything the team might have logically assumed) and not performing well. Among other unusual approaches, the application of panels of stucco over a curtainwall framing system (along with missing (lashings and sealants) helped explain why the existing library had been having problems with water infiltration since its construction. Given these conditions, the City has made the decision to reconstruct the affected portions of this elevation with systems and details that are more in line with current professional standards. This additional services proposal provides architectural and structural design and design- assist -level documentation services for these modifications. Project Scope The scope of this project will consist of design and construction observation services. The design services include BCJ and Arup Structural researching and presenting alternate waterproofing strategies, as well as working iteratively with the City, CW Driver and the window system subcontractor, AGA, to develop a revised design scheme that will address the actual field conditions of the library's north elevation clerestory and work with their system. These changes will include a new window system, the development of several new details to Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108.5555 415- 989 - 2100 /Fax:415- 989 -2101 33 of 46 Bohlin CyWinski Jackson 5 November 2012 08519D x 13 Page 2 of 3 accommodate new construction as well as integrate with the adjoining existing construction. Since the new system will vary from the existing, BCJ will also revise the layout of the elevations (windows and opaque portions of the wall) and work with Arup on the engineering and new details needed to tie the new system back to the existing structure. Three on -site meetings are assumed, as well as two off -site coordination meetings between BCJ and Arup. Construction observation services will include review of submittals and field observations. It is assumed that these observations can occur during regularly - scheduled site visits for the main project, thereby saving the reimbursable expenses associated with additional site visits. Please see the attached proposal from Arup Structural for additional scope detail. In addition to the development and documentation of the architectural scope regarding this change, BCJ will manage this process, and coordinate Arup's efforts with CW Driver and the City. Schedule BCJ defers to CW Driver on any proposed changes in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $28,760 based on the assumptions below: Services BCJ 64 hours Senior Associate $160.00 per hour $10,240 24 hours Staff 1 $105.00 per hour $2,520 Arup 16 July proposal $16,000 Reimbursables BCJ To be billed under base project (08519D) NA Arup To be billed under base project (08519D) NA Total $28,760 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. 34 of 46 Bohlin Cywinski Jackson 5 November 2012 08519D x 13 Page 3 of 3 Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 35 of 46 PWP LANDSCAPE ARCHITECTURE PETER WALKER, FASLA DOUGLAS EINDLAY DAVID WALKER ADAM GPEENSPAM SANDRA HARRIS CHRIS DIMOND, FASLA JUUE CANTER December 13, 2012 Steve Chaitow Bohlin Cywinski Jackson schaitow@bcj.com Regarding: Additional Site Visits Newport Beach City Hall / BCJ901 Dear Steve: CONARD LINDGREN As discussed yesterday, we have outlined this revised request for additional field visits. This AY svdnwrEK request supersedes our letter of August 31, 2012. These additional visits are required so we can observe and participate in the extended landscape construction schedule. MICHAEL DELLIS The services to be provided for the fees identified below are as follows: COLLIN JONES JENNIFER SASSON 1. PWP will provide 17 additional one -day site visits (in addition to those identified within our current contract). PWP will expend those additional site visits through March, 2013. CARMEN ARROYO 2. The subconsultant fees and services will remain as outlined within our original contract Best regards, Doug Findlay DF /jb Copies to: Conard Lindgren / PWP Steve Tycz / PWP 739 ALLSTON WAY Carmen Arroyo / PWP Z'1BQI1�ADUCCe0. DF SC 121213 hco BERKELEY_ CA.94710 1 510 945.9494 F 519.945.9333 WORN PWPLA,COM 36 of 46 We will continue to invoice against that allowance for PWP and subconsultant services. JANET BEAGLE KAZUNARI KOBAYASHI 3. The construction observation travel and reimbursable expense allowances Will remain as currently identified within our contract. We will continue to invoice against these SU -JUNG PARK allowances. SANDY REED The proposed professional fees for these additional 17 visits is $69,000. These fees will be CORNELIA ROPPEL invoiced on a time and materials basis each month, plus any subconsultant related fees, DORIS SCHENK project expenses, and travel costs. STEVE TYCZ Please Call With any questions. Best regards, Doug Findlay DF /jb Copies to: Conard Lindgren / PWP Steve Tycz / PWP 739 ALLSTON WAY Carmen Arroyo / PWP Z'1BQI1�ADUCCe0. DF SC 121213 hco BERKELEY_ CA.94710 1 510 945.9494 F 519.945.9333 WORN PWPLA,COM 36 of 46 rl B-Ohlin Cywinski Jackson Peer e. Solaro. FAIA 3e(nard J. Cy- ,,Mskd, FAIA ( 1040.20! ti Jon C. Jackson. FAIA '.-e k'vV. G'avrtear. FAIA, ';..E--D AP Yd „;s C. -Seca. AIA. ae;.CIAIA. eac% �s, Avg. 3aegory R. rd:;eaia, AIA Robed E. Mll er.. ALA, I.EED AP Hiiveicmd 9. Camb,n, AIA 19 December 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional Landscape Architect Site Visits Additional Services Proposal (BCJ Project 08519D x14) Dear Mr. Badum: When PWP developed their proposal for Construction Administration services, they included a specific number of site visits. As their proposal noted, they based the number on some key assumptions, including that they would be able to review many portions of the project at once while on site. They had included 23 person trips for themselves as well as 10 additional trips for their consultants. In practice the schedule of their site visits has become tighter based on the need to be on site when smaller segments of the overall project require their review. In additional there have been some portions of the landscape scope that did not go as planned, also requiring additional site visits from PWP. Project Scope The scope of this additional service will consist of additional site visits, along with associated field reports. Anticipating a schedule of visits from now through the end of the project, PWP has proposed an additional person visits to the site /nurseries. Please see the attached proposal from PWP for additional scope detail. BCJ will help coordinate these additional site visits with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $69,000 based on the assumptions below. Architecture Planning Interior Design 49 Gear/ Street, Suite 300 'Ali lkes- Sarre /Pittsburgh /Philadel phi a /Seattle /San Francisco San Francisco, Cairornia 94108 -5555 415 - 989 - 2100 /Fax: 415 -989 -2101 37 of 46 Bohlin Cywinski Jackson 19 December 2012 08519D x 14 Page 2 of 2 In an effort to economize, this proposal assumes that PWP will be able -to use three of the site visits they had allotted for consultants as their own. It also includes only the cost of the person's time, not the cost of additional reimbursables. BCJ will not be requesting any additional services as part of this proposal. Services BCJ no charge PWP 13 December 2012 proposal $69,000 Reimbursables BCJ To be billed under base project (08519D) NA PWP To be billed under base project (08519D) NA Total $69,000 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: i -"A/ Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 38 of 46 Bohlin Cywinski Jackson P9to, Q RgN!n. FAIA artl J. C Aioi kl. FAIA N940.2011) ,Jon C ,jacksun. FAIR r'. Loo. e. AIA ._ ...... _ P s. I;( AIA :;rage!? R. Moti ola, MA AsA Robert N1 o%A4 LEE01 AP r a ...... :AI 21 December 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional expenses for Architect Site Visits Additional Services Proposal (BCJ Project 08519D x16) Dear Mr. Badum: As you and I discussed earlier this month, BCJ's construction administration (CA) expenses budget was developed in conjunction with the construction schedule as provided to the team. As I mentioned in our conversation, BCTs CA expenses budget will be exhausted at roughly the end of 2012. In order to accommodate for the schedule extension between then and the end of the project, BCJ is providing this proposal for the expenses that will be incurred. Project Scope Based on the anticipated remaining weeks of the project, we have developed a proposal for the related expenses. While there is an amount for expenses such as printing and mailings, the majority of the total is for project - related travel. The travel- related unit costs have remained as proposed in the base proposal. Please see Exhibit A for additional detail. Schedule This proposed additional service assumes that all travel will complete by the second week of April, 2013. Project Fee This proposal is for reimbursables only, with a not -to- exceed amount of $123,150. Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes -Barre /Pittsburgh /Philadelphia /Seattle/San Francisco San Francisco, California 94108 -5555 415- 989 - 2100 /Fax: 415 -989 -2101 39 of 46 Bohiin Cywinski Jackson 21 Dec 2012 085190 x 16 Page 2 of 2 Services BCJ no charge in this proposal Reimbursables BCJ as an extension of the reimbursables from 08519D $123,150 Total $123,150 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 40 of 46 Bohlin Cywinski Jackson Stephen G. Badum, P.E. 21 December 2012 08519D x 16 EXHIBIT A Project Name: Project No. Date: NEWPORT BEACH CIVIC CTR+ PARK - CA 08519D x16 12/21/2012 ADDITIONAL REIMBURSABLE EXPENSES ESTIMATE ATTACHMENT (to proposal) Item No. Description Amount/ No. of CA Phase Remarks Person Days / Additional Miles Total BCJ Travel Expenses per 4 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 4 $300.00 3 Food $75.00 4 $300.00 4 Hotel per night $240.00 4 $960.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $2,150.00 BCJ Travel Expenses per 3 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 3 $225.00 3 Food $75.00 3 $225.00 - 4 Hotel per night $240.00 3 $720.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $1,760.00 BCJ Travel Expenses per 2 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 2 $150.00 3 Food $75.00 2 $150.00 4 Hotel per night $240.00 2 $480.00 5 Plane Fare (see Note 1) - $500.00 1 $500.00 Total per person per two day trip $1,370.00 BCJ Travel Expenses per 1 -Day Trip 1 Transportation to /from airport in SF $45.00 2 $90.00 2 Cab fare / car rental $75.00 1 $75.00 3 Food $75.00 1 $75.00 4 Hotel per night $240.00 1 $240.00 5 Plane Fare (see Note 1) $500.00 1 $500.0 0 Total per person per one day trip $980.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE Bidding -CA PHASES CA 184 -day trips $2,150.00 18 $38,700.00 CA 26 3 -day trips $1,760.00 26 $45,760.00 CA 11 2 -day trips $1,370.00 11 $15,070.00 CA 191 -day trips $980.00 19 $18,620.00 Additional Trips (If Required) People X No. of Trips All Expenses for additional trips would be NIC NIC NIC Additional Services 41 of 46 Bohlin Cywinski Jackson Stephen G. Badum, P.E. 21 December 2012 08519D x 16 EXHIBITA Project Name: Project No. Date: Note 1:Reimbursable expenses include the following: NEWPORT BEACH CIVIC CTR + PARK - CA 085190 x16 12121/2012 ADDITIONAL REIMBURSABLE EXPENSES ESTIMATE - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and ATTACHMENT (to proposal) express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the Item No. Description - Amount/ No. of CA Phase Remarks over any fare increases that may occur during the term of this agreement, BCJ will require Person Days / Additional eclimm fV In f Indirnfod ho in Nate 3: If this additional projected amount for BCJ reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ meetings /presentations, changes to costs upon Miles Total dollar amount will be increased based on an updated projection of reimbursable expenses. All BCJ ESTIMATED TOTAL FOR $118,150.00 TRAVEL/LODGINGIMEALS (SEE NOTE 2) BCJ TOTAL INITIAL REIMBURSABLE $5,000.00 EXPENSES ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONE /FAX, MAIL (REGULAR AND EXPRESS), PHOTOS /PRINTS PER BCJ PROPOSAL TOTAL DESIGN PROFESSIONAL TEAM 123,150.00 INITIAL REIMBURSABLE EXPENSES ESTIMATE (see Note 3) Upon Receipt of the City of Newport Beach's written authorization to proceed, BCJ will commence this work. END OF EXHIBIT A 42 of 46 Notes: Note 1:Reimbursable expenses include the following: - BCJ transportation, lodging and expenses for all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. Note v c e costs are estimated Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional casts that may occur due to future fare increases in excess of the eclimm fV In f Indirnfod ho in Nate 3: If this additional projected amount for BCJ reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written authorization to proceed, BCJ will commence this work. END OF EXHIBIT A 42 of 46 rflin Cywinski Jackson Fen;! f7. qo FAll", r.,_n; J. C'y.:truki. FAiA Pi 9a^ -C:I) JGn 0,'Eckson. F.AIA Frari<Hl. G aumar. FAIA. :..EF6 AF u. I Imm AIA. Cnr!ie�tut .i. Reim lit AIA :v 14. 0o¢nba. A 1 A AIA , 13.[14% . ?,iA., 1, EEG:P r7ar:r[r.:d S. i.2ieJ; a. A!A 21 December 2012 Mr. Steve Badum, Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Additional architectural CA services Additional Services Proposal (BCJ Project 08519D x17) Dear Mr. Badum: Per our recent conversation, BCJ's construction administration efforts were developed based on the provided project schedule which was forecast to be complete by the end of this calendar year. As you know, the current forecast if for a mid -April completion. In order to accommodate for the schedule extension between the end of this year and the end of the project, BCJ is providing this proposal for the additional effort that will be required. Project Scope As you and I have discussed, BCJ has been working for the majority of the Construction Administration phase at a monthly loss, i.e. BCJ has not been billing for all hours invested in the project. We have chosen to do this in order to provide a level of service that we feel you as the client deserve, as well as help you get the project that will serve the City well for years to come. In our proposal here, we are requesting an amount that will cover some of our efforts, but not all. We are willing to continue to take monthly losses to help make sure this project has the guidance it needs at this important end phase. As you and I covered, this includes the use of our original 2009 billing rates and staff positions. Please see Exhibit A for additional detail. Schedule This proposed additional service assumes that all construction administration efforts will complete by the second week of April, 2013. Project Fee Architecture {Tanning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre / Pittsburgh !Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5555 415- 989 - 2100!; ax: 415- 989 -2101 43 of 46 Bohlin CY11Vinskl Jackson 21 December 2012 08519D x 17 Page 2 of 2 This proposal is for a time - and - material fee, with a not -to- exceed amount of $315,000. Please see Exhibit A for a breakdown of hours. Services BCJ Reimbursables BCJ Total $315,000 no charge in this proposal $315,000 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, BAIT eo Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: 44 of 46 Hours and Fee for Newport City Hall Project - extended CA Phase City Hall Bld s Rate $ /hr Hours Architectural Principal 1 $2851 8 Senior Associate $160 465 Associate $125 285 Staff 1 $105 0 Staff 2 $85 1650 Office $75 450 Stephen G. Badum, P.E. 21 December 2012 08519D x17 Extended CA services ExhibitA/ Page Prkn Review Libra Addition : Site I IPedestrian Bride C Union Fit -out' Totals Hours Hours Hours Hours Hours Hours 0 15 0 0 g23 53 23 33 15 6 545 0 285 0 0 593 0 75 1,931 8 594 Architectural Fees $294,713 $3,600 $67,718 $7,200 $7,898 less agreed -to reduction proposed fee: $3,660 $384,788 - $69,788 $315,000 45 of 46 City of Newport Beach NO. BA- 13BA -046 BUDGET AMENDMENT 2012 -13 AMOUNT: $s,8ss,s7o.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations in the amount of $6,856,670 from unappropriated Civic Center fund balance to close out the accounting of the Civic Center and Park Proiect. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 410 3605 Civic Center Fund - Fund Balance $6,856,670.00 * REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITUREAPPROPR/ATIONS (3603) Description Signed: Wc Signed: Signed: Approval: City Council Approval: City Clerk Automatic $6,277,000.00 $579,670.00 Date � -S 13 Date Date 46 of 46 Description Division Number 7410 City Hall Construction Account Number C1002030 Civic Center Construction Division Number 7410 City Hall Construction Account Number C1002009 City Hall New Division Number Account Number Division Number Account Number Division Number Account Number Signed: Wc Signed: Signed: Approval: City Council Approval: City Clerk Automatic $6,277,000.00 $579,670.00 Date � -S 13 Date Date 46 of 46 "RECEIVED AFTER AGENDA PRINTED:" d b' Brown, Leilani From: Denys Oberman [dho @obermanassociates.com] Sent: Friday, June 07, 2013 10:30 AM To: Curry, Keith; Mike Henn; 'Edward D. Selich'; Gardner, Nancy; Daigle, Leslie; Petros, Tony; Hill, Rush Cc: Kiff, Dave; Brown, Leilani; 'Deepa Bharath' Subject: City Council Agenda - Proposal to Increase Civic Center Project Closeout Funding Importance: High Sensitivity: Confidential PLEASE ENTER INTO THE PUBLIC RECORD Mayor and City Council: This letter addresses City Council Session, Agenda Section XVIII, Item 18- CIVIC CENTER AND PARK PROJECT CLOSE -OUT ACCOUNTING. Staff is recommending an Increase of Project Contingency from $1,623,000 to $6,500,000. It also authorizes the City Manager and Project Manager(CW Driver ?) to "negotiate additional project changes in amount NTE $4,877,000. We respectfully inquire as to what can be a legitimate rationale to: 1. Increase the Project Budget when the all project team members were already committed to a plan, design, and construction cost,and whereby the City and each Service Provider already had contingent fee built into their contracts? ? 2. Authorize an increase the professional service budget of one of the design firms,BCJ by $579,670 when their scope is already completed? 3. Authorize monies from an "unappropriated Civic Center fund balance "? There is NO MORE DESIGN OR CONSTRUCTION TO BE DONE ON THIS PROJECT.... OTHER THAN POTENTIAL AS -YET UNDISCLOSED, UNVETTED "Special Projects ". We respectfully register our objection to the proposed Contingency Increase and Instead, we request that the Council: 1. Hold Staff accountable, and direct it to hold all Design and Construction and related project professionals retained in connection with this project, accountable, for fulfilling their already- authorized contracts WITHIN ALREADY APPROVED SCOPE AND BUDGET —which already included contingency factors. 2. If, in fact, there is "excess ", reallocate it to the City's many other needs which require attention, such as: - Adequate Public Health and Safety - -- Police presence,patrol,enforcement and response - Infrastructure, including safety signals near schools, street lights, and electric /water utilities - Funding to implement landscaping, roadway and other improvements in areas targeted for Revitalization and reuse , which have been identified but as yet funds not allocated by the City(most notable, the Lido Village area ) The City has already committed significant funds and incurred significant Debt, in connection with the Civic Center and Park project. There are other initiatives and projects which would provide much greater economic and other Public benefit —both to the city, and its constituents. Thank you for your consideration. Denys H. Oberman Resident and community stakeholder Regards, Denys H. Oberman, CEO NOB R A► Sr:atapq and SmftcV. AdvLmr, OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 94914760790 or the electronic address above, to arrange for the return of the document(s) to us. Brown, Leilani From: Laura Curran [lauracurran @me.com] Sent: Monday, June 10, 2013 9:12 PM To: Brown, Leilani Subject: Please include in PUBLIC RECORD: Fwd: Comments on Staff REport Item #18: Civic Center Close Out Accounting Begin forwarded message: From: Laura Curran <lauracurran(a)me.com> Subject: Comments on Staff REport Item #18: Civic Center Close Out Accounting Date: June 10, 2013 9:10:56 PM PDT To: Dave Kiff <DKiff(a-)newportbeachca.gov >, CityCouncil(a)newportbeachca . gov Cc: Kim Brandt <KBrandt .newportbeachca.gov >, Steve Badum <S Bad um6Dnewportbeachca.gov> To City Council and Staff: Item #18 on Council Agenda for 6/11 requests an increase in the Project Contingency of 300 %, from $1.6M to $6.5M. Once again, it is difficult for a resident to understand why we should pay these fees, based on the Staff REport. To start with, the Staff Report Title "Close Out Accounting" does not clue the reader in that $6M in Contingency increases are on the table. Let's name reports so Readers know what's being covered. Questions 1. The original contract in June 2010 was "Construction Manager at Risk ". This is not referenced in the Staff Report, nor are the implications for Contingencies explained. Further, while the City in some cases, upscoped the project by adding a bridge with zinc covering for example, Unfortunately, the Report does not clarify which items led to the contingency increase vs. those that were covered in a separate scope of work. 2. Where's the Spreadsheet listing the specific items included in the $6M requested addition, and the Categories referenced, i.e. Building Code Requirements, Unforeseen Conditions, Design Enhancement, Design and Omissions? The Staff Report should include an accounting of expenses the 'ties', so that the line items included in each Category are clearly indicated and they all add up to $6.5M. For example, if Design Omission = $4.3 M, what items were Omitted? A list of Omissions is not included in the Staff Report so the public does not know what the referenced Omissions were. $4M is a big # to have 'omitted.' 3. $123K for Additional Architect Expenses: What are these charges? How much of this cost was travel vs. construction administration and Expenses? What were these specific items? Perhaps Staff could publish the General Ledger and Check Requests to provide clarity. 4. The BCJ Contract extension for $576K (On P. 5) appears to cover the period from January 2013 to June 2013. Have these costs already been incurred? If so, residents are being asked to approve the payment of costs which have already been incurred. If Council does not approve these costs, what will happen? WIll BCJ sue? 5. PWP - Person Trips: PWP Staff were required to travel in part during the planning phases because they made mistakes in the specification of plants for the project. The Landscape Architect specified Northern California plants when the City Council had directed PWP to use plants native to Southern California. This required Staff and residents to become involved to address and rectify the situation. On a side note, Staff responded quickly so that work was not done that would need to be reworked. If anything, PWP should reimburse the City for the cost of Staff Time incurred as a result of these discussions. If any of these trips were necessitated due to PWP's error, then costs for these trips should be paid for. by PWP, not the City. Further, PWP's Trip Costs specify a Hotel cost of $240 per night and $500 per flight (from SFO). Hotels rooms in Newport Beach are available at $125 -200 per night (Hyatt Regency - $150 in October, $95 on Hotwire in January 2013 - I booked it) by planning ahead. Where are PWP team members staying and how are they booking their flights - why would the City approve these trip costs at these rates? In closing, the Staff Report provides lots of justification for the increase but no clarification. Please request Staff to provide a better analysis of the Contingencies and why they are required in the amount of $6.5 M before approving this request. Sincerely, Laura C. Curran Agenda Item No. 18 Civic Center & Park Project Closeout & Update June 11, 2013 Proposed Actions • Contingency Budget: Increase the project contingency from $1.6 million (1.5%) to $6.5 million (6%) to cover changes that are currently being negotiated. • General Conditions: Increase the project budget to allow for extended General Conditions (est. $1.4 million) • Construction Support: Approve an amendment increasing architect fees by $579,670 Contingency to Date • Originally set for $2,623,000 (2.5%) in a separate account under City control (not a part of the CWD CM@ Risk contract) • San Miguel Pedestrian Bridge added to the project reducing contingency to $1,623,000 (1.5%) Project Changes Breakdown Over 750 changes, most under $10,000 Change Category J 19 Building Code /City requirements Unforeseen conditions Design Enhancement Design Omission Total = $ 730,000 11.2% 0.68% $ 470,000 7.2% 0.44% $1,000,000 15.4% 0.94% $4,300,000 66.2% 4.04% $6,500,000 6.00% Building Code /City Requirements Revise configuration of Electrical service per SCE Revisions to fire rated assemblies Additional perimeter ceiling bracing Low Fuel Alarm for emergency generators Library Skylight fire protection pipe routing Relocate Council Chambers fire extinguishers Revise egress lighting at Library stair Add GFCI receptacles, lighting and switches at City Hall Elevator shafts $83,276 $33,292 $ 5,575 $ 2,977 $ 3,186 $ 1,164 $ 4,500 $ 5,860 Unforeseen Conditions EMEMW Repair rain damage to project site (reimbursed by FEMA) $ 65,005 Revise storm drain connections to existing $ 4,992 Revise San Miguel Bridge foundation design due to utility conflicts $ 93,147 Revise water line connections due to water pressure problems $ 46,500 Level existing Library floor at join point $ 50,514 Revise park tree subdrain connections to meet existing system $ 28,459 Design Enhancements Zinc cladding on San Miguel Bridge Elevator Tower $ 61,843 Dacromet Coating on exposed Parking Structure hardware $ 2,435 Added power outlets to Library reading areas $ 12,344 Add framing to accommodate expanded Command Center $ 37,200 communications equipment Revise roof edge material to eliminate potential glare for adjacent $ 35,899 neighborhoods Upgrade library book security gates to Radio Frequency $ 33,621 Identification system Added motion sensors for Parking Structure rooftop lighting to $ 41689 minimize glare issues for neighborhood Add touch screen for agenda postings in Council Chambers $ 12,795 vestibule Design Omission Revised ceiling structure design $ 28,522 Infill detail missing at roof corner $ 8,396 Added support frame for mechanical unit $ 2,722 Structural revisions to presentation wall in Community Room $ 4,344 HVAC duct conflicts $ 8,686 Missing waterproofing detail at corner of wave roofs $ 28,186 Missing circuit for power and lighting $ 3,354 Library floor plates and grill detail revisions $ 9,438 Added irrigation controller at North Park $ 1,768 More About Design Omission • "No such thing as a perfect set of plans" (design changes typically run 5% per AIA) • The City pushed the project to meet favorable market costs for construction and financing. • A complex and one of a kind design Overall, changes are approximately 6% which is actually very good and typical for a project of this complexity. Construction General Conditions • CW Driver's Contract anticipated a construction schedule ending December 31, 2012. We were substantially complete by that date, but many items lagged. • The General Conditions are monthly "fixed" costs for personnel, equipment, field office, restrooms, computers, telephone, & utilities. • CWD has been working from the Command Center with reduced staff since January. • The estimated cost, $1.4 million (currently under negotiation) Construction Support BCJ's contract was anticipated to be complete by December 31, 2012. The proposed extended fees for January thru June are reduced by 50 %. In addition to the extended fees, the City added scope including: Modifications to San Miguel Bridge design Alternative landscape feature design Library clerestory repair design Additional project signage and redesign Additional Landscape Architect site visits Architect fees — January thru June Architect expenses — January thru June q $ 22,675 $ 9,960 $ 28,760 $ 11,125 $ 69,000 $ 315,000 $ 123,150 Total Requested = $ 579,670 Architectural Design (less SCE Savings by Design, $261,150) Environmental Documentation & Monitoring Project Management Total Soft costs = Construction Contract (less Library repair costs, $1,505,781) Project Change orders (estimated, less FEMA grant, $65,005) Extended General Conditions (estimated) Total Construction Costs = Contract Plan Checking & Building Inspection Contract Material Inspection & Special inspection FF &E (does not include deferred replacements) OCIP Insurance Program (estimated final costs) $ 15,488,138 $ 686,235 $ 3,243,895 $ 19,418,268 $ 104,998,344 $ 6,434,995 $ 1,400,000 $ 112,833,339 $ 1,426,285 $ 1,309,608 $ 2,952,469 $ 2,000,000 Total Ancillary Costs = $ Total "All in" Cost $ 7,688,362 139,939,969 A Good Investment • Electing to excavate the site achieved view preservation. $8 million • State of the art, energy efficient building which is set to achieve LEED Gold. $850,000 after incentives plus energy savings in the millions over the life of the building. • Quality built into the completed project by the addition of contract specialized inspection and quality control measures. $1.3 million • Bringing design and construction team together early in the process saved time and money. • Outsourcing our plan check and building inspection avoided disruption to our building customers. $1.4 million • An owner controlled insurance program enabled the City to be well protected and in control of costs. • We had the opportunity to repair ongoing building problems in our Central Library, $1.5 million The Good News After five years of planning (including 45 public meetings) design, permitting and construction... • We have met the originally projected "all in" cost of $140 million. • We have capitalized on the recession utilizing the benefits of a low material and labor cost market. • Our private sector alternative project delivery utilizing CM at Risk provided a cooperative but transparent construction process with high quality and competent subcontractors in a competitive bid environment. • We have an iconic Civic Center that makes our City stand out among all others providing a renewed community pride. • The City finally has a Civic Center that will serve as a community gathering place for future generations along with a beautiful new park, community room, Council chambers, expanded Library with ample parking. v AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. SIX ") is entered into as of this " day of MkJ 12012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One'). C. On August 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two "). D. On September 14, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and total compensation ( "Amendment No. Three "). E. On November 22, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work, to extend the term of the Agreement to March 31, 2013, and to increase the total compensation ( "Amendment No. Four"). F. On February 27, 2012, City and Consultant entered into Amendment No. Five to the Agreement to increase the scope of work and total compensation ( "Amendment No. Five "). G. City desires to enter into this Amendment No. SIX to reflect additional services not included in the Agreement or prior Amendments and to increase the total compensation. H. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated February 29, 2012, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Four Hundred Fourteen Thousand, Six Hundred Eighty -Seven Dollars and no /100 ($4,414,687.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Six, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Thousand, Seven Hundred Twenty Dollars and no /100 ($30,720.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. BOHLIN CYWINSKI JACKSON Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. SIX on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: \ / I K Aaron C. Harp City Attorney An ATTEST: Date: 0M '- Brown Leilani 1. City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: � r� C- LLA� Dave Kiffi City Manager CONSULTANT: BOHLIN CYWINSKI JACKSOfI./a Pennsylvania Corporation Date: oMottola ent Date: 05LOI By: V Y V William D. Loose Vice President and Treasurer Attachment: Exhibit A — Interpretive Site Signage Illustration Services BOHLIN CYWINSKI JACKSON Page 3 � 11.1' �' i i Meg Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA (1940 -2011) Jon C. Jackson, FAIA Frank W. Grauman, FAIA, LEED AP William D. Loose, AIA Cornelius J. Reld, III AIA Kad A. Backus, AIA Gregory R. Mamie, AIA D. Roxanne Sherbedt, AIA Robed E. Miller, AIA, LEED AP Raymond S. Calabro, AIA 29 February 2012 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Interpretive Site Signage Illustration Services Additional Services Proposal (BCJ Project 08519D x09) Dear Mr. Badum: As you and I have discussed recently, we have learned that the initial assumption for illustrations on the interpretive signage has proven to be something other than we originally thought. In our original proposal for the illustrations, we had assumed use of copy -right free illustrations. In practice, there is no central repository for the range of flora and fauna we will want to include on the site's interpretive signs. This has left us with two viable options. The first option is to attempt to identify the illustrator for 'found' images in order to seek copyright approval. This method comes with two difficulties, the first being the unknown (and, usually, long, costly) amount of time it takes to find the owner of each individual copyright, the second being the lack of consistency in the images found, e.g. line weights, illustration method. The second option, engaging an illustrator to develop a new set of images for the signage, eliminates these issues and is the option we are proposing here. Project Scope The scope of this project will consist of PhD's engaging an illustrator to generate illustrations of flora and fauna for the interpretive site signage, as well PhD's working with PWP to create the layout of these signs. Please see the attached proposal from PhD for additional scope detail. BCJ will manage this process, and coordinate PhD's efforts with PWP, CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre/ Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5555 415 - 989 - 2100 /Fax:415- 989 -2101 Bohlin Cywinski Jackson 29 February 2012 08519D x 09 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $30,720 based on the assumptions below: Services BCJ 12 hours PhD Reimbursables BCJ PhD Total Senior Associate $160.00 per hour $1,920 29 February proposal $27,600 To be billed under base project (08519D) NA 29 February proposal $1,200 $30,720 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottos, AIA Title: Vice President Date: 1524a Cloverfield Blvd. Santa Monica, CA 90404 T (310] 829 0900 proposal F (310] 829 1859 www.phdla.com Date: February 29, 2012 To: Bohlin Cywinski Jackson Attn: Steve Chaitow From: Randy Walker randy @phdla.com Re: Newport Beach Civic Center and Park Page 1 of: 3 Steve, This proposal covers the additional scope of design for (6) Interpretive signs in the Civic Park. Each sign is graphically different for the planting area. The coordination of this work with Peter Walker Partners is critical in the process of executing the work. Please review our scope of work on the following pages and call me if you have any questions. Thanks, Randy Walker SCOPE OF WORK INTERPRETIVE SIGNS 1. Ph.D will coordinate with Peter Walker Partners (PWP) on the context of each sign area. 2. The cost of an outside vendor to do illustration drawings will be included in our fee. 3. The scope of work will include design layout, construction documents, and artwork for fabrication. 4. Ph.D will only do the design work based content provided by PWP. There is not implied research included in this scope. PHASE I - Drawing Illustrations (4 -6 weeks) 1. Coordinate with PWP on each area content for illustrations 2. Coordinate with outside vendor to complete illustrations PHASE II - Design Development (3 weeks) 1. Create layouts based on text and graphics provided by PWP 2. Review layouts with PWP for approval DELIVERABLE (2) conference calls minimum 11 x 17 presentation booklets (gty.TBD and digital files of presentation PHASE III - Construction Documents /Artwork (2.5 weeks) 1. Prepare developed interpretive panel layouts 2. Prepare artwork of each panel (6 total) 3. Prepare sign specifications including materials, colors, and finishes DELIVERABLE o (1) meeting - Meeting in Newport Beach ALL other aspects for coordination, bidding, and construction administration are covered under the base contract. Interpretive Sign Design Illustration Drawings (outside service) $15,600, ($2,600 /Panel) Design Development $3,000. (lot Panel Design) Design Development $5,000. (5 Additional Panels) Construction Documents /Artwork $4,000. Total REIMBURSABLE EXPENSES $27,600. Reimbursable expenses include travel to San Francisco, public transportation or rental car, meals related to travel, delivery charges, in -house printing, calls, presentation and meeting supplies, CD or DVD burning ($15), Epson color prints ($2 - $3 per print), and materials for special services such as mock -ups, presentation boards, mileage to meetings ($.51 per mile), etc. The reimbursable expenses not to exceed $1,200 in total. Ph.D Proposal: Newport Beach Civic Center and Park, Newport Beach, CA — Signage /Wayfinding 2/29/12 Page 2 BILLING RATE SCHEDULE The following hourly rates will be used for optional or additional meetings, travel, and additional services billed on a time and materials basis. Principal $225 Project Manager $175 Designer $15 APPROVED AND AGREED BY: Date Bohlin Cywinski Jackson Date February 29, 2012 Randy Walker for Ph.D Ph.D Proposal: Newport Beach Civlc Center and Park, Newport Beach, CA - Signa9e /Wayfinding 2/29/12 Page 3 N AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Five "), is entered into as of this _2-h day of ftgMAM 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. On August 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two'). D. On September 14, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and total compensation ( "Amendment No. Three "). E. On November 22, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work, to extend the term of the Agreement to March 31, 2013 and to increase the total compensation ( "Amendment No. Four "). F. City desires to enter into this Amendment No. Five to reflect additional services not included in the Agreement or prior Amendments, and to increase the total compensation. 0 G. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the following Scopes of Services. 1) Food Service — Health Department and Supplemental Vendor Selection Services dated November 10, 2011, which is attached hereto as Exhibit 'A'; 2) Office and Workspace Revisions dated December 12, 2011, which is attached hereto as Exhibit 'B'; and 3) Interpretative Site Signage Graphics Services dated December 12, 2011, which is attached hereto as Exhibit 'C'; and all incorporated herein. The City may elect to delete certain tasks of the Scopes of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Three Hundred Eighty -Three Thousand, Nine Hundred Sixty -Seven Dollars and no /100 ($4,383,967.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty -Six Thousand, Six Hundred Sixty -Five Dollars and no /100 ($36,665.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. BOHLIN CYWINSKI JACKSON Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. FIVE on the dates written below. APPROVED AS TO FORM: CITY 171 01� 7 Y'S OFFICE note• 1 /� fI II 0 City Attorney ATTEST: Date: 4. al- I0k By :_ Leilani I. Brown City Clerk NEWp0- Attachments: CITY OF NEWPORT BEACH, A California municipal corporation Date: z1,,%#1 2- ot-i._ By: Dave ICI City Manager CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: F6 A kN 20 i 2 Vice President and Treasurer Exhibit A - Food Service- Health Department and Supplemental Vendor Selection Services Exhibit B - Office and Workspace Revisions Exhibit C - Interpretative Site Signage Graphic Services BOHLIN CYWINSKI JACKSON Page 3 EXHIBIT A BQMn Cywinski Jackson 10 November 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Food Service — Health Department and Supplemental Vendor Selection Services Additional Services Proposal (BCJ Project 08519D x07) Dear Mr. Badum: As we discussed in a phone conversation this past Tuesday, HDA Pacific has exhausted their original authorization to aid in the selection of a vendor for the new food service space in the library addition. To date HDA has provided the originally proposed services, as well as code - related services related to applying for a permit with the Orange County Health Department. In order to continue to provide assistance in getting the permit and with completing the vendor selection process, we are providing this proposal. Project Scope The scope of this project will consist of ongoing assistance on the selection of a food vendor for the new space in the library addition. It will also include HDA Pacific preparing a response to Orange County's Health Department's list of outstanding issues returned to the City based on their first review dated the 3`d of November, 2011. Once they have this response prepared, HDA Pacific will visit the Health Department in order to come to a workable solution that will meet the requirements of the county and the needs of the City. Please see the attached proposal from HDA Pacific for additional scope detail. BCJ will manage this process, and coordinate HDA Pacific's efforts with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street Sane 3U0 W�ihes- BarrarPittsburq ^rPh�l.;delhhia +Seatll��rS =ul i rancisce San f rarvl'src C 1, tongl il t +41(.£3 -5.55 10 November 2011 08519D x 07 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $6,030 based on the assumptions below: Services BCJ 02 hours Senior Associate $160.00 per hour $320 02 hour Staff 1 $105.00 per hour $210 HDA Pacific 9 November 11 proposal $4,600 Reimbursables BCJ To be billed under base project (08519D) NA HDA Pacific 9 November 11 proposal $900 Total 1 $6,030 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: HDA PACIFIC. FOOD FACILITY DESIGN SERVICES PROPOSAL FOR: Newport Beach Library /Civic Center Newport Beach, CA BETWEEN: Bohlin Cywinski Jackson Architects (Architect) 49 Geary Street, Suite 300 San Francisco, CA 94108 -5729 AND: HDA— Pacific (Consultant) 3820 Cypress Drive, #4 Petaluma, CA 94954 A. PROJECT CRITERIA REVISED DATE: 9 November 2011 PROJECT: 39738 -P Consultant shall provide food facility design services for Food Service Areas for Facility described in HDA RFP document dated 31 July 2010. This work includes the design, coordination, and review of food service equipment items and fixtures relevant to the areas in the above listing. It also includes establishing mechanical, electrical, and HVAC utility requirements and operational interface and design review with the Owner, Operator, Architect and Engineers. B. SCOPE OF WORK 1. HEALTH DEPARTMENT PLAN REVIEW AND SUPPLEMENTAL VENDOR SELECTION ASSISTANCE A. Provide health department review, prepare submittal and respond to comments or requests for information. This request also includes expenses for up to two (2) visits for the health department review. B. Provide supplemental vendor selection assistance including review of Operator proposals and submitted criteria. C. FEES AND EXPENSES 1. HEALTH DEPARTMENT PLAN REVIEW AND SUPPLEMENTAL VENDOR SELECTION ASSISTANCE Fees for services listed in Section B.1 will be billed on an hourly basis at the rates stated below based on the scope and project criteria described herein up to the maximum total of: $4,600.00 2. The following hourly rates shall apply: Senior Principal $150.00 per hour Project Director /Designer $95.00 per hour Principal /Director $125.00 per hour CADD Technician $75.00 per hour Associate /Project Manager $110.00 per hour Administrative $75.00 per hour 3. Our basic fee includes all expenses incidental to the project with the exception of conference call communication charges, overnight express and delivery charges, multiple printing and copying expenses (as would be the case with review submittals, bid sets, etc.), plan review and permit fees, transportation, lodging and related expenses for travel required outside the metropolitan San Francisco area. Reimbursable expenses shall be invoiced, at cost, monthly. Cost per trip = $450.00 x two (2) trips Estimated Reimbursable Expenses: $900.00 4. Fees for additional services not listed in Section B, including, but not limited to, schematic design options or redesign by the consultant of previously approved or client accepted work, will be billed as additional services on an hourly basis. For HDAP For BCJ F - uud FJ"i l iI I'Ia nni ng :md Um +ittn IIDA — Pa ri fit is a Iici >iun ur I a nl mer Dr. i i,I 185, hu. 38211 Cyl,rvs} D6ve..4 • Petaluma, C.4 941;54 LISA . 7 07 .7.'4..I 10 : 1 n: 70 7 1 -i 119 v.uw.h�la.p.0 iif,:.cuni H DA PACIFIC 5. Consultant reserves the right to adjust fees if the scope, schedule, or project criteria stated herein changes beyond the criteria as listed, including, but not limited to, an increase in project budget, coordination of Owner supplied equipment, value engineering exercises, and similar services. 6. Fee payment shall be invoiced each month covering the previous month's time and charges and is due and payable within thirty days. No deductions shall be made from the consultant's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors or other parties on the design team. Consultant reserves the right to suspend or withhold further services if payment is not made on a prompt and timely basis. D. OUTLINE PROJECT SCHEDULE 1. PROJECT SCHEDULE: (In accordance with mutually developed schedule of milestone dates.) E. GENERAL CONDITIONS 1. If the project is suspended for more than ninety (90) days or abandoned in whole or in part, the Consultant shall be paid for services performed prior to receipt of written notice from the Owner of such abandonment, together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. F. ACCEPTANCE: Your signature on the space provided below will constitute acceptance of this agreement and authorization for us to proceed. Please initial all pages of the agreement, sign and return the original document and retain one copy for your files. ACCEPTED: HDA— Pacific ACCEPTED: Bohlin Cywinski Jackson Architects By: Gary C. Hammer, FCSI By: Signature: r'! ; / — Signature: Title: President Title: Date: 9 November 2011 For HDAP For BCJ fn'l.J' U i� 0 U (t !' (.. Y w i n s� 12 December 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Office and Workspace Revisions Additional Services Proposal (BCJ Project 08519D x06) Dear Mr. Badum: As we discussed in our furniture, furnishings and equipment (FF +E) meetings on the 191h of October, the 2 "' of November and then the 1s` of December, the City would like the design team to make updates the drawings that reflect desired to changes to select offices and workstations. As we discussed in both meetings, the design team is happy to make these revisions, though, since they are significantly out of sequence and affect some of the shop drawings already reviewed, the effort is beyond the original scope of services. Project Scope The scope of this project will consist of revised architectural, mechanical, electrical, lighting and possibly plumbing drawings reflecting the requested changes. The attached drawings show the sum of the requested changes. BCJ will also coordinate with CW Driver on any modifications that might be required to already- approved submittals. Please see the attached proposal from Arup for additional scope detail. BCJ will modify drawings, and coordinate Arup's efforts with BCJ's own. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre /Pittsburgh /Phil adeI phi a /Seattle /San Francisco San Francisco; California 94108 -5555 415- 989 - 2100 /Fax:415- 989 -2101 12 December 2011 085190 x 06 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $10,575 based on the assumptions below: Services BCJ 05 hours Senior Associate $160.00 per hour $800 15 hour Staff 1 $105.00 per hour $1,575 20 hour Staff II $85.00 per hour $1,700 Arup 9 December 11 proposal $6,500 Reimbursables BCJ To be billed under base project (08519D) NA Arup To be billed under base project (08519D) NA Total $10,575 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, r i >// Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: Ourret 208597[JW RU P Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 December 9, 201. 1 Dear Steve NBCC &P Project - Additional Service Proposal 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t+1 415 957 9445 f i 1 415 957 9096 john.cvorley a amp.com www.arup.com Mechanical and Electrical Engineering Associated with Changes to Interiors Requested by the City This letter provides an additional service fee for Mechanical and Electrical associated with changes to the interiors. The interior changes covered by this additional service are defined by the following: • Changes included in revised backgrounds received from BCJ in October • Additional interior changes documented in PDF sent on Nov I I, 2011 • In addition, we will cover a few more minor changes that come from future meetings with City Scope of Work • Addition of diffusers in office spaces and possibly shift PTU due to new partial height wall • Review of mechanical load to spaces due to a number of wall location changes. • Addition of diffusers in City Clerk Office and reduction in City Attorney • Addition of diffusers in Director treasure office. • Revise electrical power plans • Revise lighting plans • Verify lighting controls and switching locations. 5:w.r+mxuam,eronnaecr . omwrsmnnovoa9 anaeer I NFxo4L 9rtesu.9uI Amp North Amenca Ltd ONIPPLI9. CL 15.FPCTR5 FEE PRL O5At5W.ixrf P I OF MOOIFIGrtOx By 000X 206597IJW Da .b.,9 2011 Page 2 of 2 G Plumbing will review to changes to ensure that interior changes do not effect plumbing designs. Schedule We can start on this work immediately once we receive approval from the City for the additional service. We anticipate completing the scope of work within a week from date of receiving approval and revised backgrounds. All of this work is to be done in one submittal Fees Our fee to complete the above scope of work is $6,500 (T &M not to exceed fee). We will invoice on a time basis per the approved contract billing rates. Any reimbursables will be billed to the base project. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. If you have any questions regarding this proposal please contact me. Yours sincerely � U John Worley, SE Principal TOJECTPOMIN*TRA71C INPROJECTFINPNCIPLRLESV ICOMPnCiS. COfiS, fEES�%5 ifE igOiCSnlsltS�IrvtEPIOfl NOOIFICnrtON ov Giv. WCF /fAgll WA' -L ADD SC_ 0 r I C3 0 0 0 r 1, - - r 'mu L .Wf51 YIPU IML TOM I TANCOMl .0a �mw WE Sl < STAI A 21, �21_ Ea :jAj C, J_ F-. J Ea Y1 7M 2 =17 J Pff %c� =T2 IF2 E Loan ELE". ICE —T L 99 all 0 RER L1 U 41 rmm i �­; —mom s I R 71-1 ra� 5c�l 1 1 "nNl 3A L JECS.l,' EMIA cl "Til c LOT SCE ir W142L — - I — — — — - c 1 0 0 MEMOD- 71 ji'll ­r El Tyr— SC F.. "71 luil {- 1.UIIi415J L`6 I r 1 mn �IIUI 1M411T 0 l _ -- r A F9' c llwla a ? PlOiTlnGd .WM AaA A p O OP-- ----- , 0 SLI LIS FZ 1=l all nom nlit - AEC�Iil." -------------------- --- -------- _____________9_ T ------------ ------------------------ I -BAY A ------ Newport Beach Civic Center & Park ohlin Cywinski JacKson .08519 110DAWMdODme.NMQftcream, OMn,19.2011 II' it �Kf EPIION [RYxY 1..0111 xi11111�11415 IgT`:P: � sr czo III III- 4,cr] s'�I I. cool .n�FV,r�pn 11 :oFGI aneru: O O f)------ _ - -I�--- i lea OC2L - '- I.�I9.1 3 T. Mi I rvnnLE PMl 1 xasx \\ // mrulsl.nz Oi ace, WA 12G531 NAu xGSi FlLEdOa1d 2055 r rnlll RESG..GS mu COY fFV<E mGVI .au otl mrNUUa I III l III I Gn II- I IgT`:P: � sr czo III III- 4,cr] s'�I I. cool .n�FV,r�pn 11 :oFGI aneru: O O f)------ _ - -I�--- i lea OC2L - '- I.�I9.1 3 OH4'.vOfv: ltEi 1 }26201 [1 ArtcalM1v �A�, M'RI �.c55M. I .. -� - 3 r !AJIIIlV.4 r - � E yyyy tIa2nuLtp"a - i r � PL�P O O dlru�vua Gc> _Es 1. � s .y� c3B LC1hNT.P0.A I glTruxN is P q il 19 = \ +E • r �: rr •L1' y lee =! I/ 616 SIY - - -- C11.. rl _ i stt To h Lie �d <. wfi.t.Ss rn� IYC ±^ j-6 `La -fib I 0 0 0 2-BAY A Newport Beach Civic Center & Park Bohlin Cywinski Jackson .08519 1100Avomtlo Olive,Nerm BeaC.GA Odobn to 3011 `w� f'- Newport Beach Civic Center & Park Sohiin P /winski Jackson • 08519 HOOAwcado Otlw, Nw O.l Beall, CA Odaber 19, 2011 O i Fl I Cf. CEPTION4 ASEISI' I I _ CC'1E311 CL I l C 3NEE f�l. IAOMIN __ C. L4EHEaAI �... _ � _u NALI 2301 ePOCN�IPl14ALt lEIO P PGI i�nt i _� O • OEPfWaM�le C Ri >q J"° 'La— ha i V 1'CI�.... Tfl � CHIEF � l , ! J . r i p vEnoau — — — � 8 .hlevry ofeF.AUNT \\ "— we"a NERE FN'E LL4 le u Sig MEII i Q_ O NALL I I _ CO:eM Fey L M1NFFOP III p/•'�.`�p.J\ UI aA � I I 55 O L'7 WW.RoOm 14m0NiEK r.� o r-05 . lOE � ' FM Si X•I F'IA PiiEV I tl C. OOP0. AREA LOORO VALOP G I�RFn — -. I (1VN GF ye51FM A0 }VN_ Li'pyI1 (� \� APEA — --------------- 7 O Mv3 451 / SI[IP,1(a — 0.P Yc 1� OI! N 3Wi CE� 3Y30 1 A MECNBM 53 ELECIICI Mm Newport Beach Civic Center & Park Bohlin Cywinskl Jackson 08558 1100 AvaWtlo Onlw, NGwKO Beach. CA NOYEMUER 2,2011 .t . . �sraxxB. i 11 :I:I : I Ito BRFiv[MFA O I YZIOBBY EEO O M4Lt 11 Lpper 0 TP.VLI�NOAP�FA BAY 0 I NAu A3519i. ASSOC. IPVWNERL '- PfANNERI l_I MCORW I �SPECWJ9i 9NOEM — AIpE SNOEN 41pE I A3519i. ASSOC. IPVWNERL '- PfANNERI .1.1. INA3915I POV.PV oEPf...T PNNTI9 1 PfUMSGW' LQ OI �I DEPT.0.53W. AOMINl5913T 7 Reioc rte' (2� UPFN wo2K A2C(a ���_ bA_ R7•r (yP� c a) Zt�JLG AECEPVON O 0 Ave -4 1 -BAY D i 9rNB xa MCI U EILC PM Newport Beach Civic Center & Park Bohlin Cywinski Jackson 08519 1100 AvOOOOOrivq NmPW a =. CA OECCP SER 1. 2011 RcLoc ql w 2 -BAY D Newport Beach Civic Center & Park eohlin Cywinski Jackson 08519 1100 Avo=o Otive, Nevpml Suact, CA NOVENIOER 18. 2.011 EXHIBIT C n +C } '1r� A 12 December 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Interpretative Site Signage Graphics Services Additional Services Proposal (BCJ Project 08519D x08) Dear Mr. Badum: As we discussed in a phone conversation earlier today, the City has chosen to include interpretative signage for the site. This signage will provide meaningful information on the thoughtfully created site and will help add a depth of understanding for those interested in knowing more. Though these signs were not part of the original scope, PWP and PhD have taken on design, detailing and locating of these signs within their base scope. PWP has shared with us that the development of the actual graphic content for these signs is a significant effort and will involve research, the creation and editing of content and review with the City for a story that is custom to the place. It is for these services that we are providing this proposal. Project Scope The scope of this project will consist of PWP's development of the site story that ties the Civic Center Park to the larger context in which it exists. This will include research, the development of the written and graphic components, reviewing these with the City and coordinating with PhD on making sure the graphic quality works the larger signage package. Please see the attached proposal from PWP for additional scope detail. BCJ will manage this process, and coordinate PWP's efforts with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. -'ff, i14eclare Plannlr1ii lnterkn I4 Cv,ti / j!)U Wilkes - Barr, �lPiit =burgh!Philade.ph;a'SeatthaSarl Fr,ancisn�; Sa^ F rarr ^.�:., r,, a'a f'110! Vl�'s 415 - 9894- 2100,Fax 415- 989.1101 l9ohuitt CyWinskl Jackson 12 December 2011 08519D x 08 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $20,060 based on the assumptions below: Services BCJ 04 hours Senior Associate $160.00 per hour $640 04 hour Staff 1 $105.00 per hour $420 PWP 5 December 11 proposal $18,000 Reimbursables BCJ To be billed under base project (08519D) NA PWP 5 December 11 proposal $1,000 Total $20,060 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, el �°`�-- Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: PWP LANDSCAPE ARCHITECTURE PETER WALKcR,FASLA December5,2011 DOUGLAS FINDLAY DAVID WALKER Steve Chaltow SARAH KUEHL BOhlin Ciywinskl Jackson schaitow @bcj.com LIZ EINWILLER ADAM GREENSPAN Regarding: Additional Services Related to Site Graphic Design SANDY HARRIS Newport Beach City Hall / BCJ901 MATTHEW DONHAM Dear Steve: CHRIS DIMOND, FASLA As discussed previously, we are requesting Additional Services to provide the following site graphic design revisions and documentation coordination with the project team. The services CARMEN ARROYO that need to be provided are outlined below: JANET BEAGLE JULIE CANTER ° Develop information content for interpretive signage ° Research related to species, local context, "story," etc. MICHAEL DELLIS ° Collaborate on formatting, locations, and presentation of information JENNY BABSON ° Modify map content ° Presentation of design proposal for interpretive signage KAZUNARI KOBAYASHI ° Coordinate with BCJ's graphic / signage consultant who will be providing signage and CONARD LINDGREN map documents for fabrication PHOEBE M, LICKWAR To provide the services outlined above, PWP proposes the following fees and terms: TAYA SHOUP CORNELIA ROPPEL Professional Service Fees :18,000 Reimbursable costs including travel $1,000 DORIS SCHENK Please call with any question or comments. Best regards, Doug Findlay 11119 me Copies to: Liz Enwiller /PWP Carmen Arroyo / PWP Steve Tycz / PWP Z 8B 1\D0CS \LDF SC 11120.5 doc 739 ALLSTON WAY BERKELEY, CA 94710 T 510.849.9494 F 510 849 9333 WWW, PWPLA, COM AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Four "), is entered into as of this � day of N16VVJA,6d 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. On August 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two "). D. On September 14, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and total compensation ( "Amendment No. Three "). E. City desires to enter into this Amendment No. Four to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to March 31, 2013 and to increase the total compensation. F. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, as amended shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on March 31, 2013, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated September 12, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Three Hundred Forty -Seven Thousand, Three Hundred Two and no /100 ($4,347,302.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the priorWritten approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Twenty Thousand, Three Hundred Ten Dollars and no /100 ($220,310.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Four on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date• I I /2 L/U Leonie MulVi iIV Assistant City Attorney ATTEST: Date: %2,22 /I B i� ' ani . Brown Gre o R. Mottola, ity Clerk dE V' e P esident e: 4 DEG 4,0I t C'�CI�ORPd By: William D. Loose, Vice President and Treasurer Attachments: Exhibit A — Additional Services to be Performed Exhibit B — Schedule of Billing Rates CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON a Pennsylvania Corporation Date: 2 Di s6 It EXHIBIT A Bohlin Cywinski Jackson 08519D x05 12 September 2011 Based on our design -phase discussions, it is understood that the furnishings to be included are primarily stock catalogue items from a range of manufacturers and vendors. A select number of custom pieces will be included where they are cost effective and best suit the needs of the space and the City. A. Scope of Work 1. Phase I: Program Verification /Furniture Layout Options (5 weeks) a. Verify and finalize the scope of work and the program requirements for furniture and furnishings with the City Hall for the spaces indicated in the attached plan diagrams. b. Issue a furniture and furnishings program for the spaces confirmed for the City's approval and sign -off. c. Space Types' - Prepare a maximum of two preliminary furniture location options for each of the following space types that will result in one prototype layout for each space type: - 1. Enclosed Offices: 3 sizes 2. Open Area Work Stations: 6 types 3. Conference Rooms -8 sizes 4. Staff Work Areas 5. Staff Teaming Areas 6. Reception Areas —typical w minor adjustments for each bay 7. File and Records Rooms — typical w minor adjustments for each room's geometry 8. Service Counters at Revenue, One Stop Shop, Parks and Recreation 9. Council Chamber Dais 10. NBTV 11. Lunch Room 12. Community Room - 13. Traffic Management Center 14. Command Center 15. Mail Room 16. Mothers' Room Furniture layouts are not required for the fixed furniture elements in following spaces as these layouts have been finalized as part of BCTs Basic Services Contract: A. Council Chamber— Fixed Public Seating - - d. Prepare equipment location standardized layout plan for each prototype space type. This includes equipment dedicated for office or administrative functions only, limited to copy machines, fax machines, printers, computer stations (including location of CPU, monitor, keyboard), plotters and servers . Equipment location plans are to be based on complete information including data sheets and technical specification sheets for all existing and /or new equipment that shall be provided to BCJ by the City including equipment dimensions, power /IT /utility requirements, outlet configurations and special considerations such as dedicated circuits. With the exception of the safe in the revenue area, the equipment location plans do not include equipment used primarily for purposes specific to the occupants of the area they occupy. Services required for revisions to the building construction documents (i.e. power, IT, etc.) in response to equipment requirements and locations are not included in the scope of this proposal and would be addressed as additional services. - e. Identify two workstation types for mock -up. f. Attend a maximum of three (3) meetings with the City's selected representatives. The initial meeting is to confirm the furniture requirements and layout criteria for the space types listed above developed as part of the main project. This would be followed by meetings to review and discuss furniture layouts developed based on criteria confirmed in the initial meeting. Bohlin Cywinski Jackson 08519D x05 12 September 2011 g. Program Verification /Furniture Layout Options Deliverables 1. Furniture and Furnishings Program including prototype plans of each space type at a scale of 1/4 "= V -0 ". 2. Preliminary Floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A.1.c above, at a scale of 1/8 "= V -0 ". 2A. Phase IL Design Development (6 weeks) Upon receipt of the City's written approval of the Phase I submission comprised of the furniture program, prototype plans and furniture layout plans, Phase II, Design Development would commence as follows: a. Prepare Design Development Documents to fix and describe the character of the furniture and furnishings to be procured by this contract. This includes: 1. Provide drawings and sketches illustrating the custom furniture under consideration for specific space types. 2. Provide catalogue specifications sheets and color images illustrating the standard furniture under consideration for specific space types. 3. Prepare one color /finish board illustrating the colors and materials of the proposed furniture to establish one color palette as a building standard for each space type. (Refer to Item A.1.c for a definition of space types.) 4. Prepare coded furniture plans illustrating the layout, type and size of furniture for each space type based on the City's approved furniture and furnishings selection. b. Attend a maximum of four (3) meetings with the City to finalize furniture and furnishings selections. c. Provide a furniture list identifying units, colors, options and quantities for one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. It is understood that the City will select the options in a timely manner to enable BCJ to adhere to the schedule included in this proposal. d. Work with City to arrange with vendor for mock -up of two workstations and schedule time for review. c. Design Development Deliverables 1. Furniture and furnishings program including prototype plans of each space type at a scale of 1/4 "= 1' -0 ". 2. Floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A.1.c above, at a scale of 1/8 "= V -0 ". 3. Color and sample boards for each space type. 4. Outline furniture and furnishings specifications based on one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. 5. Draft of type and,quantity spreadsheet. 6. Draft of FF +E cut sheets.. 2B. Phase II: Design Development Cost Estimate (2 weeks) Based on the Design Development Submission, BCJ and the City will work together to generate a cost estimate for the FF +E scope as defined in Phases I'and II. BCJ will provide an estimate that provides a line item cost estimate for each type of furniture and furnishing identified in.the Design Development Submission. The City will provide an estimate for all new equipment costs and for relocation of any existing items. Work on Phase III — Construction Documentation activities will not start until the cost estimate has been completed and approved by the City and BCJ has received written authorization from the City to proceed. A. If the Design Development cost estimate exceeds the furniture and furnishings project budget established by City, BCJ will meet once with the City to identify strategies for reducing the project's cost at no additional cost prior to the start of Phase III, Construction Documentation. The City and BCJ shall discuss and agree upon a cost reduction strategy for incorporation into the Construction Documents. Upon receipt of written authorization from the City approving the cost reduction strategy to be incorporated into the Construction Documents, BCJ shall start Phase III, Construction Documentation incorporating the agreed upon changes into the documents. 3. Phase III: Construction Documentation (8 weeks) Bohlin Cywinski Jackson 08519D x05 12 September 2011 Upon receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required), Phase III, Construction Documentation would commence. BCJ will prepare drawings, technical specifications and other documents setting forth in detail the requirements for the bidding of furniture and furnishings. BCJ and the City will work together in the writing and coordinating the RFP (Divisions 0 and 1 of the Project Manual), e.g. the City will provide bidding forms and procedures for inclusion. BCJ's work in this phase shall consist of the following: A. Coordinate and prepare furniture and furnishings Contract Documents including 1/8 " =1' -0" location plans. B. Prepare custom furniture and furnishings specifications including finishes and fabrics. C. Prepare standard furniture and furnishings specifications including finishes and fabrics based on one manufacturer listed as the basis for design with two other manufacturers listed as equal. Substitutions will not be permitted by the specifications. D. Prepare drawings and specifications for custom furniture and furnishing, elements. E. Attend two (2) meetings with the City to review the Construction Documentation progress. F. Construction Documentation Deliverables: Final Construction Documents BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of each of the following Construction Documents to the City at Final Completion of the Construction Documents: a. Coded and dimensioned floor plans illustrating furniture locations cross - referenced to the technical specifications. b. Custom and standard furniture and furnishings specifications. c. Dimensioned plan and elevations of each type of custom furniture and furnishings. d. Final version of type and quantity spreadsheet. e. Final selection of FF +E cut sheets. 4. Phase IV: Bidding ,(4 weeks) A. BCJ will work with the City in the bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide the following services: 1. Interpret Construction Documents for furniture and furnishings. 2. Issue addenda. BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of all addenda or bulletins which the City which will then issue to the appropriate furniture and furnishings contractors. 3. Substitution requests will not be permitted and services related to review of substitution requests are not included in the scope of services. Such services, if requested by the City will be addressed as an additional service. - 4. Provide assistance in evaluating bids. B. The CM -at -Risk, as part of their base services, will be issuing the RFP, arranging any pre -bid meetings and walk - throughs, and will receive the bids. They will also lead the process of normalizing /reviewing the bids. Once successful bidders have been determined, the CM -at -Risk will be responsible for completing their contracts. S. Phase V: Installation Observation (16 weeks) A. BCJ will observe the work and issue interpretations of the Construction Documents. This is based on an assumed duration for this phase of work of sixteen (16) weeks. Should the duration of this phase exceed sixteen (16) weeks, then BCJ's fee would be adjusted accordingly. 1. Review shop drawing submittals. 2. Review final placement of furniture and furnishings and inspect for damage, quality, assembly and function in order to determine that furniture and furnishings are in accordance with the Construction Documents requirements. 3. Prepare one punch list and make one final inspection of installed furniture and furnishings. 4. Attend six (6) construction installation meetings as they relate to installation of furniture and furnishings. 5. Deliverables: Bohlin Cywinski Jackson 08519D x05 12 September 2011 a. One punchlist of installed furniture and furnishings. b. One final inspection report on furniture and furnishings. B. The City and the CM -at -Risk will be responsible for the scheduling and supervision of the installers. C. The City and the CM -at -Risk will be responsible for the hiring and management of the moving coordinator. B. Schedule Based on the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City, the bidding documents can be completed within twenty -one (21) weeks of receiving written approval to proceed with this work from the City. It is intended that the City will make all key decisions by the end of the Design Development Phase. The duration for each phase of the work is: Phase I: Program Verification /Furniture Layout Options 5 weeks Phase Ik Design Development 6 weeks Phase ll: Design Development Cost Estimate (After Completion of Phase II; prior to Phase III) 2 weeks Phase III: Construction Documentation 8 weeks Phase IV: Bid Clarification, Review and Award 4 weeks Phase V: Installation Observation 16 weeks Total 25 weeks plus 16 week Installation Observation Phase The durations listed above do not include time for the City's review of each phase progress submission. Pending discussions with the City and accounting for the 2011 holiday season, it is anticipated that design activities would be started in the beginning of October 2011 and completed April 2012. Bohlin Cywinski Jackson 08519D x05 12 September 2011 C. Qualifications and Exclusions . 1. This proposal is for FF +E in the new City Hall project only and does not include the library addition. Should services for the library be desired, BCJ can provide a separate proposal. 2. These Additional Services shall be incorporated in BCJ's Base Contract as a contract amendment. BCJ is proposing our fee as an hourly with a not -to -exceed total, to be invoiced monthly based on actual hours expended. These Additional Services shall be on a separate invoice for accounting purposes. 3. Per our review of the City Hall plans colored by department and space type on the 6th of September (copy posted to the FTP Site as mentioned above), these plans accurately reflect layout of offices and work stations with only minor revisions in office and work station locations and titles. 4. Any revisions to the scope of the furniture and furnishings program and /or documents after completion of Phase I, Program Verification /Furniture Layout Options, with the exception of the cost review exercise described in Phase 118, will be considered as an additional service. 5. If The City causes the duration for any phase of this work to exceed those specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. 6. A fixed number of meetings are identified for each phase of the work. This proposal assumes that the attendees at these meetings are limited to two BCJ representatives and two City representatives. It does not include meetings with individual users. If the number of meetings for any one phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. 7. Procurement and purchasing of the FF +E scope and move -in coordination are not included by BCJ as part of these services. 8. Interior elevations, perspectives or renderings are not included as part of these services. 9. This proposal is based on developing a standard furniture package for each space type as described in Item A.1.c, Space Types, on page 2. Once approved by the City, these designs would be documented for all rooms of the correlating type. This proposal does not include design services for the customization of individual office /workstations, conference room or other spaces. The design of unique furniture layouts and accessories for individual rooms is considered an additional service except for those listed above and for columns or other architectural elements affecting typical layouts. 10. This proposal assumes that all furniture and furnishings being specified for the new City Hall as part of this contract are newly purchased and does not include the survey or relocation of any existing furniture or furnishings with the exception of: 31 Department of Public Works specially -sized hanging files for mylar drawings. 11. The survey or relocation of existing office equipment is not included as part of these services, with the exception of the existing computers and monitors, copiers and printers, plotters and servers the City elects to relocate. The City will provide BCJ with a list of those items to be relocated and mark a draft plan of the intended location for these items. 12. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 13. No services are included for the specification, bidding or procurement of any equipment specific to the needs of a particular department. 14. Demountable partitions are not included as part of these design services. 15. Individual desk accessories: a. File trays, monitor mounts and task lights are included as part of these design services. Bohlin Cywinski Jackson 08519D x05 12 September 2011 b. Keyboard trays and trash cans will not be included, though cuts will be provided as recommendations for purchase from other budgets. c. Standard office supplies are not included within the FF +E scope. 16. Roller shades at exterior walls and interior conference rooms where required are being provided as part of BCJ's base building contract services. Additional window treatments at other locations, if requested by the City, are not included as part of these design services. 17. Chalkboards, whiteboards and /or tackboards are being provided at certain locations as part of BCJ's base building contract services. Additional chalkboards, whiteboards and /or tackboards at other locations, if requested by the City, are not included as part of these design services. 18. Battery operated wall clocks would be provided, if desired by the City, as part of these services. Electric clocks and /or a centralized, synchronized clock system, if requested by the City, are not included as part of these design services. 19. Other than custom furniture and furnishings items as identified above, built -in millwork items in individual offices /workstations and /or conference rooms are not included as part of these services. 20. - Room signage, wayfinding signage or building directories are covered under separate scope and are not included as part of these services. 21. Cost estimating services are provided for furniture and furnishings, but not for equipment as part of these services. These will be provided by the City and included in BCJ's cost spreadsheet. 22. Value engineering services and meetings are not included as part of these services other than as indicated in 2B.A. above. 23. Coordination of mechanical, electrical, plumbing, IT, AV and other building systems revisions and additions with the furniture layouts, including revisions to building documentation by BCJ and other consultants, is not included as part of these services and shall be addressed as additional services. 24. BCJ will create a furniture and furnishings cost estimate at the end of Phase II, Design Development. The City will advise BCJ of any requested modifications to the furniture drawings prior to the start of Phase III, Construction Documents. Modifications of the program, drawings or specifications after receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required) shall be considered an additional service. 25. The City will develop the equipment portion of the cost estimate. BCJ shall be entitled to rely upon the completeness and accuracy of this estimate effort. Equipment estimate to be based on actual project schedule for when equipment will be purchased and installed and will account for escalation. Any services required due to inaccurate or incomplete estimates by the City, including all revisions to documents after coordination of the approved scope with the approved budget based on the Design Development Cost Estimate, shall be considered an additional service. 26. Documents shall be prepared according to BCJ office standards for construction documentation. 27. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 28. Cost for reproduction of Construction Documents for bidding purposes is not included as part of these services. 29. If at the time of bidding changes have been made in manufacturers' product lines, fabric types, furniture sizes, options, accessories or any other technical or design specifications of the furniture which were used as the basis for the original Contract Documents, changes to the Contract Documents to update this information to match current manufacturer's specifications shall be considered an additional service. EXHIBIT B Bohlin Cywinski Jackson 08519D x05 12 September 2011 D. Fee Proposal Based on the above scope of work description, BCJ proposes the following hourly, not -to- exceed amount for this work. No other disciplines have been included in this proposal. Should their services be required, they will be available as an additional service. Invoicing will be monthly based on actual hours expended. Please see attached exhibit A for additional detail. Bohlin Cywinski Jackson Services Phase I: Program Verification Phase IIA: Design Development Phase IIB: Cost Estimate Phase III: Construction Documentation Phase IV: Bidding Phase V: Installation Proposed Fee Amount $ 29,085 $ 44,630 $ 9,020 $ 58,605 $ 13,280 $ 35,090 BCJ Fee for services proposal: $ 189,710 E. Estimated Reimbursable Expenses Following are BCJ's estimate of reimbursable expenses. When possible, BCJ will economize by combining expenses with those of the main project. The expenses below are in addition to those already identified in BCJ's Proposal for Basic Services. Travel expenses are generated using the same assumptions as those on the main project. Please see attached exhibit B for explanation of proposed reimbursable expenses. BCJ Estimate of Reimbursable Expenses: . $ 30,600 The amount included in the Estimate of Probable Reimbursable Expenses is provided as an allowance, against which actual cost will be assessed. The City has agreed that should the A/E Team expenditures approach these estimated limits, the City will reasonably increase these amounts in discussions with BCJ. TOTAL FEE PROPOSAL: 220,310 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, , j` Greg Mottola, AIA Steven Chaitow, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: Stephen G. Badum, P.E. 12 September 2011 Hours and Fee for Newport City Hall Project - FF +E .. 08519D x05 FF +E i Page 9 of 10 P m Verity Des Dev Cost Est Con Docs Bid CA Totals Rate $ /hr Hrs I L CA Hrs Hrs bal Hrs Hrs Hrs Architectural Principal 1 $2851 6 B 2 9 4 Senior Associate $160 20 42 20 32 40 Associate $125 0 0 0 0 0 Staff 1 $105 0 0 0 0 0 Staff 2 $85 280 413 60 592 64 Office $751 5 7 2 6 4 10 24 0 0 320 16 Architectural Fees $29,085 $44,630 $9,020 $58,605 $13,280 $35,090 $189,710 Bohlin Cywinski Jackson EXHIBIT B Project Name: NEWPORT BEACH CIVIC CTR + PARK - FF +E INITIAL REIMBURSABLE EXPENSES ESTIMATE Description BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF Parking at airport Cab fare / car rental Food Hotel per night Plane Fare (see Note 1) Total per person per one day trip 91 -day trips; 1 person/trip 8 1 -day trips; 2 people /trip BCJ estimated total for travel /lodging /meals (see note 2) BCJ total initial reimbursable expenses estimate for reproduction, printing, telephone, /fax, mail(regular and express), photos /prints per BCJ proposal Total design professional team initial reimbursables expenses estimate (see note 3) Stephen G. Badum, P.E. 12 September 2011 08519D x 05 FF +E Exhibits / Page 11 of 11 BCJ Project No. Date: 08519D x05 Amount/ No. of Days I Person Miles $45.00 $22.00 $75.00 $75.00 $240.00 $500.00 12_sep_2011 Total $90.00 $44.00 $75.00 $75.00 $240.00 $500.00 $1,024.00 People X No. of Trips $1,024.00 9 $9,216.00 $1,024.00 16 $16,384.00 $25,600.00 $ 5,000.00 $5,000.00 $30,600.00 Notes: Note 1:Reimbursable expenses include the following: - BCJ transportation, lodging and expenses for all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. -AII expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ'sConsultants, the Owner, the Contractors and others involved in the project. - BCJ expenses for prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dales and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases (hat may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. . Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and/or Consultants meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT B CITY OF SEW PORT BY THE CIT! COUNCI CRY OF NEWPORT PISA NEWPORT BEACH 22 City Council Staff Report November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum at7newportbeachca.gov PREPARED BY: Jamie Hook, Finance and Administrative Manager APPROVED: ;,_.. _ ". t' TITLE: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH BOHLIN CYWINSKI JACKSON FOR FURNITURE FURNISHINGS AND EQUIPMENT DESIGN DEVELOPMENT AND SUPPORT SERVICES ABSTRACT: Design and construction support services are needed for design development and support services related to establishment of a furniture, furnishings and equipment program for Civic Center and Park Project. The scope of work includes program verification and furniture layout options, design development, cost estimating, construction documentation, bidding and installation observation. Approval of a professional services agreement amendment with Bohlin Cywinski Jackson for these services is recommended. RECOMMENDATION: Approve Professional Services Agreement (PSA) Amendment No. 4 with Bohlin Cywinski Jackson (BCJ) of San Francisco California for Civic Center and Park Project Furniture Furnishings and Equipment (FF &E) design development and support services at a not -to- exceed price of $220,310.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7410- C1002009) for the additional services. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH BOHLIN CYWINSKI JACKSON FOR FURNITURE FURNISHINGS AND EQUIPMENT DESIGN DEVELOPMENT AND SUPPORT SERVICES November 22, 2011 Page 2 The proposed use ",of the funding balance is as follows: Vendor Bohlin Cynwinski Jackson DISCUSSION: Purpose FF &E Design Development and Support Services Total: Amount $ 220,310.00 $ 220,310.00 On November 25, 2008, City Council selected BCJ as the Architect for the Newport Beach Civic Center and Park Project. On November 24, 2010, City approved a PSA with BCJ to provide support services during the construction duration. On June 23, 2011, City and BCJ entered into PSA Amendment No. 1 in response to unexpected issues raised by the Southern California Edison Company. Amendment No. 2 was approved by the City Council at its meeting of July 26, 2011 and provides for design and related services for signage for the Civic Center buildings and project site. Amendment No. 3 covers additional costs to update and resubmit the project's Storm Water Pollution Prevention Plan ( SWPPP) documentation necessitated by updated regulations. The scope of work covered Amendment No. 4 includes verification of furniture layouts for various space types, preparation of design development and construction documentation documents and deliverables, cost estimating, procurement and installation observation. BCJ's base contract included preliminary design services for the interior of the Civic Center building as part of the building planning process. It is now necessary to verify space planning assumptions made early in the project and detail specifications for the purchase of furniture, furnishings and equipment for the building. This is particularly important as the City has reorganized some of its operations and departments since preliminary plans were developed. A summary of BCJ's agreement is as follows: Agreement Scope Amount Original Architectural Construction Support $3,935,112 Amendment 1 Changes in SCE Requirements $15,410 Amendment 2 Si na a Design $165,780 Amendment 3 SWPPP Documentation $10,690 Amendment 4 FF &E Design and Support $220,310 Total 1 $4,347,302 It is expected that BCJ will complete plans and specifications for the furniture program by March 2012 with procurement services taking place in Spring 2012. Installation of FF &E will be coordinated with the building's construction during FalUWinter 2012. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH BOHLIN CYWINSKI JACKSON FOR FURNITURE FURNISHINGS AND EQUIPMENT DESIGN DEVELOPMENT AND SUPPORT SERVICES November 22, 2011 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachment: Amendment No. 4 to Professional Services Agreement AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Four "), is entered into as of this_ day of 2011, by and' between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("C'ityf'.), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant"), and fs made with reference to the following: RECITALSt A. On November 24, 2010, City and Consultant entered into a Professional. Services Agreement ( "Agreement ") 'for professional! services for the third phase of the Newport Beach Civic Center"& Park Protect, "which consists of af6hitectural and - oonsultant services for the Bidding and Construction Administration'(C'A) Phases less Klass Excavation CA of the Project.. B. QO : Jtane 23, 2011, City.and Consultant entered into. Amendment. No.. One to the Agreement to increase the scope of work and` total compersation ( "Amendment `No.:One "). G. On:rAugust 22, 2011, City and Consultant. entered ,into Amendment No. Two to the Agreement to increase the scope :of work and total Compensation ('flriienlment No. Two "), __...:. D:— fered into: Arnendm.enfNo:: Three to the Agreement to- increase the scope of work and total, compensation ,(. "Ainen.q ent No. Three "). E. City desires to enter Into this Aliendrrlent No,. Foiir fo reflect ad'd. itonal services riot included in the Agreement or prior ;Amendments and to ft0 se• the total compensation. F. CrtVand Consultantmr]tuallv'desire to..ainend.the agreement, as provided• below. NOW, THEREFORE it js mutually agfoQd ob knd between the ttndersVtied parties as fojlows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated September 12, .2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Three Hundred Forty -Seven Thousand, Three Hundred Two and no /100 ($4,347,302.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Twenty Thousand, Three Hundred Ten Dollars and no /100 ($220,310.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. .Four on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B I_eQnj4_MuIvihilj Assistant City.Aftorney ATTEST: Date: By.. Leilan! Ir- Brown City Clerk CITY OF NEWPORT BEACH; A California municipal corporation By: Michael F. Henn Mayor CONSULTANT: BOHLIN CYW(NSKl JACKSON, a Pennsylvania Corporation Dater., By: Gregory R: Mottolaj Vice President Date.- By: William D,.Loo8e,, Vice President and Treasurer AttaChment Exhibit A —Additional Services,. to. - be, Performed Exhibit B­ Schedule of Billing Rates. '� �, 1 ,��' �1 Bohlin CyVvinski Jackson 08519D x05 12 September 2011 Based on our design -phase discussions, it is understood that the furnishings to be included are primarily stock catalogue items from a range of manufacturers and vendors. A select number of custom pieces will be included where they are cost effective and best suit the needs of the space and the City. A. Scope of Work 1. Phase I: Program Verification /Furniture Layout Options (5 weeks) a. Verify and finalize the scope of work and the program requirements for furniture and furnishings with the City Hall for the spaces indicated in the attached plan diagrams. b. Issue a furniture and furnishings program for the spaces confirmed for the City's approval and sign -off. c. Space Types' Prepare a maximum of two preliminary furniture location options for each of the following space types that will result in one prototype layout for each space type: 1. ' Enclosed Offices: 3 sizes 2. Open Area Work Stations: 6 types 3. Conference Rooms -8 sizes 4. Staff Work Areas 5. Staff Teaming Areas 6. Reception Areas —typical w minor adjustments, for each bay 7. File and Records Rooms — typical w minor adjustments for each room's geometry 8. Service Counters at Revenue, One Stop Shop, Parks and Recreation 9. .Council Chamber Dais 10. NBTV 11. Lunch Room 12. Community Room 13. Traffic Management Center 14. Command Center 15. Mail Room 16. Mothers' Room .. Furniture layouts are not required for the fixed furniture elements in following spaces as these layouts have been finalized as part of BCD's Basic Services Contract: A. Council Chamber— Fixed Public Seating ' d. Prepare equipment location standardized layout plan for each prototype space:type. This includes equipment dedicated for office or administrative functions only, limited to copy machines, fax machines, printers, computer stations (including location of CPU, monitor, keyboard), plotters and servers . Equipment location plans are to be based on complete information including data sheets and technical specification sheets for all existing and /or new equipment that shall be provided to BCJ by the City including equipment dimensions, power /IT /utility requirements, outlet configurations and special considerations such as dedicated circuits. With the exception of the safe in the revenue area, the equipment location plans do not include equipment used primarily for purposes specific to the occupants of the area they occupy. Services required for revisions to the building construction documents (i.e. power, IT, etc.) in response to equipment requirements and locations are not included in the scope of this proposal and would be addressed as additional services. e. Identify two workstation.types for mock -up. f Attend a maximum of three (3) meetings with the City's selected representatives. The initial meeting is to confirm the fumiture requirements and layout criteria for the space types listed above developed as part of the main project. This would be followed by meetings to review and discuss furniture layouts developed based on criteria confirmed in the initial meeting. Bohl.in Cywinski Jackson 08519D x05 12 September 2011 .g. Program Verification /Furniture Layout Options Deliverables 1. Furniture and Furnishings Program including prototype plans of each space type atd scale of 1/4 "= V -0" 2. Preliminary floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A. t.c above, at a scale of 1/8 "= 1' -0 ". 2A. Phase II: Design Development (6 weeks) Upon receipt of the City's written approval of the Phase I submission comprised of the furniture program, prototype plans and furniture layout plains, Phase II, Design Development would commence as follows: ' a. Prepare Design Development Documents to fix and describe the character of the furniture and furnishings to be procured by this contract. This includes: ' 1. ' Provide drawings and sketches illustrating the custom furniture under consideration for specific space types. 2. Provide catalogue specifications sheets and color images illustrating the standard furniture under consideration for specific space types. 3. Prepare one color /finish board illustrating the colors and materials of the proposed furniture to establish one color palette as a building standard for each space type. (Refer to Item A.1.c for a definition of space types.) 4. Prepare coded furniture plans illustrating the layout, type and size of furniture for each space type based on the City's approved furniture and furnishings selection. b. Attend a maximum of four (3) meetings with the City to finalize furniture and furnishings selections. c. Provide a furniture list identifying units, colors, options and quantities for one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. It is understood that the City will select the options in a timely manner to enable BCJ to adhere to the schedule included in this proposal. d. Work with City to arrange with vendor for mock -up of two workstations and schedule time for review. c. Design Development Deliverables 1. ' Furniture and fumishings program including prototype plans of each space type at a scale of 1/4 "= 1'-0 ". 2. Floor plans showing location of furniture systems, freestanding furniture and limited equipment for -each 'space type as defined in Item A.1.c above, at a scale of 118 "= V -0 ". 3. Color and sample boards for each space type. 4.. Outline furniture and furnishings specifications based on one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. 5. Draft of type and.quantity spreadsheet. 6. Draft of FF +E cut sheets. 2B. Phase Il: Design Development Cost Estimate (2 weeks) " Based on the Design Development Submission, BCJ and the City will work together to generate a cost estimate for the FF +E scope as defined in Phases ['and II. BCJ will provide an estimate that provides a line item cost estimate for each type of furniture and furnishing identified in the Design Development Submission. The City will provide an estimate for all new equipment costs and for relocation of any existing items. Work on Phase If — Construction Documentation activities will not start until the cost estimate has been completed and approved by the City and BCJ has received written authorization from the City to proceed. A. If the Design Development cost estimate exceeds the furniture and furnishings project budget established by City. BCJ will meet once with lhe.City to identify strategies for reducing the project's cost at no additional cost prior to the start of Phase III, Construction Documentation. The City and BCJ shall discuss and agree upon a cost reduction strategy for incorporation into the Construction Documents. Upon receipt of written authorization from the City approving the cost reduction strategy to be incorporated into the Construction Documents, BCJ shall start Phase III, Construction.Documentation incorporating the agreed upon changes into the documents. 3. Phase III: Construction Documentation (8 weeks) Bohlin Cywinski Jacks ®n 08519D x05 12 September 2011 Upon receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required), Phase III, Construction Documentation would commence. BCJ will prepare drawings, technical specifications and other documents setting forth in detail the requirements for the bidding of furniture and furnishings. BCJ and the City will work together in the writing and coordinating the RFP (Divisions.0 and 1 of the Project Manual), e.g. the City will provide bidding forms and procedures for inclusion. BCJ's work in this phase shall consist'of the following: . A. Coordinate and prepare furniture and furnishings Contract Documents including 1/8 " =1' -0" location plans. B. Prepare custom furniture and furnishings specifications including finishes and fabrics. C. Prepare standard furniture and furnishings specifications including finishes and fabrics based on one manufacturer listed as the basis for design with two other-manufacturers listed as equal. Substitutions will not be permitted by the specifications. D. Prepare drawings and specifications for custom furniture and fumishihb,elements. E. Attend two (2) meetings with the City to review the Construction Documentation progress. F. Construction Documentation Deliverables: - Final Construction Documents BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of each of the following Construction Documents to the City at Final Completion of the Construction Documents: a. Coded and dimensioned floor plans illustrating furniture locations cross- referenced to the technical specifications. b. Custom and standard furniture and furnishings specifications. ' c. Dimensioned plan and elevations of each type of custom furniture and furnishings. d. Final version of type and quantity spreadsheet e. Final selection of FF +E cut sheets. 4. Phase IV: Bidding .(4weeks) A. BCJ will work with the City in the bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide the following services: - 1. Interpret Construction Documents for furniture and furnishings. 2. Issue addenda. BCJ will post an electronic set of PDF files to the project's FTP site and send one . (1) bond copy of all addenda or bulletins which the City which will then issue to the appropriate furniture and furnishings contractors. ' 3. Substitution requests will not be permitted and services related to review of substitution requests are not included in the scope of services. Such services, if requested by the City will be addressed as an additional service. 4. Provide assistance in evaluating bids. B. The CM -at -Risk; as part of their base services, will be issuing the RFP, arranging any pre -bid meetings and walk- throughs, and will receive the bids. They will also lead the process of normalizing /reviewing the bids. Once successful bidders have been determined, the CM -at -Risk will be responsible for completing their contracts. ' 5, Phase V: Installation Observation (16 weeks) A. BCJ will observe the work and issue interpretations of the Construction Documents. This is based on an assumed duration for this phase of work of sixteen (16) weeks. Should the duration of this phase exceed sixteen (16) weeks, then BCJ's fee would be adjusted accordingly. 1. Review shop drawing submittals. ' 2. Review final placement of furniture and furnishings and inspect for damage, quality, assembly and. function in order to determine that furniture and furnishings are in accordance with the Construction Documents requirements. 3. Prepare one punch list and make one final inspection of installed furniture and furnishings. 4. Attend six (6) construction installation meetings as they relate to installation of furniture and furnishings. 5. Deliverables: ' Bohlin Cywinski Jackson 08519D x05 12 September 2011 a. One punchlist of installed furniture and furnishings. b. One final inspection report an furniture and furnishings. B. The City and the CM -at -Risk will be responsible for the scheduling and supervision of the installers. C. The City and the CM -at -Risk will be responsible for the hiring and management of the moving coordinator. B. Schedule Based on the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City, the bidding documents can be completed within twenty -one (21) weeks of receiving written approval to proceed with this work from the City. It is intended that the City will make all key decisions by the end of the Design Development Phase. The duration for each phase of the work is: Phase I: Program Verification /Furniture Layout Options 5 weeks Phase Ik Design Development 6. weeks Phase il: Design Development Cost Estimate (After Completion of Phase II; prior to Phase III) 2 weeks Phase III: Construction Documentation 8 weeks Phase IV: Bid Clarification, Review and Award 4 weeks Phase V: Installation Observation 16 weeks Total 25 weeks plus 16 week Installation Observation Phase The durations listed above do not include time for the City's review of each phase progress submission. Pending discussions with the City and accounting for the 2011 holiday season, it is anticipated that design activities_ would be started in the beginning of October 2011 and completed April 2012. Bohlin Cywinski Jackson 08519D x05 12 September 2011 C. Qualifications and Exclusions 1. This proposal is for FF +E in the new City Hall project only and does not include the-library addition. Should services for the library be desired, BCJ can provide a separate proposal. 2. These Additional Services shall be incorporated in BCJ's Base Contract as a contract amendment. BCJ is proposing our fee as an hourly with a not -to- exceed total, to be invoiced monthly based on actual hours expended. These Additional Services shall be on a separate invoice for accounting purposes. 3. Per our review of the City Hall plans colored by department and space type on the 6th of September (copy posted to the FTP Site as mentioned above), these plans accurately reflect layout of offices and work stations with only minor revisions in office and work station locations and titles, 4. Any revisions to the scope of the furniture and furnishings program and /or documents after completion of Phase I, Program Vedfication /Furniture Layout Options, with the exception of the cost review exercise described in Phase IIB, will be considered as an additional service. 5. If The City causes the duration for any phase of this work to exceed those specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. 6. A fixed number of meetings are identified for each phase of the work. This proposal assumes that the attendees at these meetings are limited to two. BCJ representatives and two City representatives. It does not include meetings with individual users. If the number of meetings for any one phase is exceeded, these meetings would be in addition to this proposaf and considered an additional service. 7. Procurement and purchasing of the FF +E scope and move -in coordination are not included by BCJ as part of these services. B. Interior elevations, perspectives or renderings are not included as part of these services. 9. This proposal is based on developing a standard furniture package for each space type as described in.ltem A.1.c, Space Types, on page 2. Once approved by the City, these designs would be documented for all rooms of-the correlating type. This proposal does not include design services for the customization of individual office/workstations, conference room or other spaces. The design of unique furniture layouts and accessories for individual rooms is considered an additional service except for those listed above and for columns or other architectural elements affecting typical layouts. 10. This proposal assumes that all furniture and furnishings being specified for the new City Hall as part of this contract are newly purchased and does not include the survey or relocation of any existing furniture or furnishings with the exception of: 31 Department of Public Works specially -sized hanging files for mylar drawings. 11. The survey or relocation of existing office equipment, is not included as part of these'services, with the exception of the existing computers and monitors, copiers and punters, plotters and servers the City elects to relocate: The City will provide BCJ with a list of those items to be relocated and mark a draft plan of the intended location for these items. 12. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location only. Information regarding equipment sizes and utility' requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 13. No services are included for the specification, bidding or procurement of any equipment specific to the needs of a particular department. 14. Demountable partitions are not included as part of these design services. 15. Individual desk accessories: a. File trays, monitor mounts and task lights are included as part of these design services. Bohlin Cywinski Jackson 08519D x05 12 September 2011 b. Keyboard trays and trash cans will not be included, though cuts will be provided as recommendations for purchase from other budgets. c. Standard office supplies are not included within the FF +E scope. 16. Roller shades at exterior walls and interior conference rooms where required are being provided as part of BCJ's base building contract services. Additional window treatments at other locations, if requested by the City, are not included as part of these design services. 17. Chalkboards, whiteboards and /or tackboards are being provided at certain locations as part-of BCJ's base building contract services. Additional chalkboards, whiteboards :and /or tackboards at other locations, if requested by the City, are not included as part of these design services. 18.. Battery operated wall clocks would be provided, if desired by the. City, as part of these services. Electric clocks and /or a centralized, synchronized clock system, if requested by the City, are not included as part of these design services. 19. Other than custom furniture and furnishings items as identified above; built -in millwork items in individual offices /workstations and /or conference rooms are not included as part of these services. 20. - Room signage, wayfinding signage or building directories are covered under separate scope and are not included as part of these services. 21. Cost estimating services are provided for furniture and furnishings, but not for equipment as part of these services. These will be provided by the City and included in BCJ's cost spreadsheet. 22. Value engineering services and meetings are not included as part of these services other than as indicated in 2B.A. above. 23. Coordination of mechanical, electrical, plumbing, IT, AV and other building systems revisions and additions with the furniture layouts, including revisions to building documentation by BCJ and other consultants, is not included as part of these service's and shall be addressed. as additional services. 24. BCJ will create a furniture and furnishings cost estimate at the end of Phase II; Design Development. The City will advise BCJ of any requested modifications to the furniture drawings prior to the start of Phase III, Construction Documents.. Modifications of the program, drawings or specifications after receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required) shall be considered an additional service. 25. The City will develop the equipment portion of the cost estimate. BCJ shall be entitled to rely upon the completeness and accuracy of this estimate effort. Equipment estimate to be based on actual project schedule for when equipment will be purchased and installed and will account for escalation. Any services required due to inaccurate or incomplete estimates by the City, including all revisions to documents after coordination of the approved scope with the approved budget based on the Design Development Cost Estimate, shall be considered an additional service. 26. Documents shall be prepared according to BCJ office standards for construction documentation. 27. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 28. Cost for reproduction of Construction Documents for bidding purposes is not included as part of these services. 29. If at the time of bidding changes have been made in manufacturers' product lines, fabric types, furniture sizes, options, accessories or any other technical or design specifications of the furniture which were used as the basis for the original Contract Documents, changes to the Contract Documents to update this information to. match current manufacturers specifications shall be considered an additional service. . I EYH..-I-BIT -B Bohlin Cywinski Jackson 08519D x05 12 September 2011 D. Fee Proposal Based on the above scope of work description, BCJ proposes the following hourly, not to- exceed amount for this work. No other disciplines have been included in this proposal. Should their services be required, they will be available as an additional service. Invoicing will be monthly based on actual hours expended. Please see attached ei hibit A for additional detail. Proposed Bohlin Cywinski Jackson Services Fee Amount Phase 1: Program Verification $ 29,085 Phase IIA: Design Development $ 44,630 Phase 11B: Cost Estimate $ 9,020 Phase III: Construction Documentation $ 58,605 Phase IV: Bidding. $, 13,280 Phase V: Installation $ . 35,090 BCJ Fee for services proposal: $ 189,710 E. Estimated Reimbursable Expenses Following are BCJ's estimate of reimbursable expenses: When possible, BCJ will economize by combining expenses with those of the main project. The expenses below are in addition to those already identified in BCD's Proposal for Basic Services. Travel expenses are generated using the same assumptions as those on the. main project. Please see attached exhibit B for explanation of proposed reimbursable expenses. BCJ Estimate of Reimbursable Expenses:. $ 30,600 The amount included in the Estimate of Probable Reimbursable Expenses is provided as an allowance, against which actual cost will be assessed. The City has agreed that should the A/E Team expenditures approach these estimated limits, the City will reasonably increase these amounts in discussions with BCJ. TOTAL FEE PROPOSAL: 220,310 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, ell Greg Mottola, AIA Steven Chaitow, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Printed Date: Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: Hours and Fee for Newport City Hall Project - FF +E . . Architectural Stephen G. Badum, P.E. 12 September 2011 08519D X05 FF +E /.Page 9 of 10 �P. m;,Veri '_: -i Des Erbvgtz, k =�CostsEsts;-s h�!�ConiDocs�rs ; 9 4 Rate $ /hr I Hrs CA Hrs Hrs bal Hrs Hrs Hrs Principal $285 6 8 2 9 4 Senior Associate $160 20 42 20 32 40 Associate $125 0 0 0 0 0 Staff 1 $105 0 0 0 0 0 Staff 2 $85 280 413 60 592 64 Office $75 5 7 2 6 4 10 24 0 0. 320 16 ' Architectural Fees $29,085 $44,630 $9,020. $58,605 $13,280 $35,090. $189,710 Bohlin Cywinski Jackson EXHIBIT B Project Name: NEWPORT BEACH CIVIC CTR+ PARK - FF +E INITIAL REIMBURSABLE EXPENSES ESTIMATE Description BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF Parking at airport Cab fare / car rental Food Hotel per night Plane Fare (see Note 1) Totar per person per one day trip 9 1 -day trips; 1 person/trip 8 1-day trips; 2 people /trip Stephen G. Badum, P.E. 12 September 2011 08519D x 05 FF +E Exhibits / Page 11 of 11 BCJ Project No. Date: 08519D x05 Amount/ No. of Days/ Person Miles $45.00 $22.00 $75.00 $75.00 $240.00 $500.00 12_sep_2011 Total $90.00 $44.00 $75.00 $75.00 $240.00 $500.00 $1,024.00 People No. of Trips $1,024.00 9 $9,216.00 $1,024.00 16 $16,384.00 BCJ estimated total for travel /lodging /meals (see note 2) $25,600.00 BCJ total initial reimbursable expenses estimate for $ 5,000.00 $5;000.00 reproduction, printing, telephone, /fax, mail(regular and express), photos /prints per BCJ proposal Total design professional team initial mimbursables $30,600.00 expenses estimate (see note 3) Notes: Note 1:Reimbursable expenses include the following: - BCJ transportation, lodging and expenses for all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. -All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ'sConsultanls, the Owner, the Contractors and others involved in the project. - BCJ expenses for prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare 'increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ ana /or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and /or Consultants meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to- exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1,10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work END OF EXHIBIT B "RECEIVED AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT.WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Four "), is entered into as of this day of 12011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement") for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One'). C. On August 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two "). D. On September 14, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and total compensation ( "Amendment No. Three'). E. City desires to enter into this Amendment No. Four to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to March 31, 2013 and to increase the total compensation. F. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, as amended shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on March 31, 2013, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated September 12, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. K�K6] IT, IU=10! 1t11 I[a]0i The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to .the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and ,all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Three Hundred Forty -Seven Thousand, Three Hundred Two and no /100 ($4;347,302.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No.. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred Twenty Thousand, Three Hundred Ten Dollars and no /100 ($220,310.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants -set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the part.ies hereto have executed this Amendment No. Four on the dates written below. APPROVED AS TO FORM: OFFICE OF THJE CITY ATTORNEY Date: I 'Lt- it By:_.Zze ((0 () Assistant City Attorney ATTEST: Date: Bv: 01 CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F Mayor Henn CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Bv: Leilani I. Brown Gregory R. Mottola, City Clerk Vice President Date: By: William D. Loose; Vice President and Treasurer Attachments: Exhibit A — Additional Services to be Performed Exhibit B — Schedule of Billing Rates _ ..� , , < � i ;, �, �� � ,�� ��� � �i�`;� h- ,, t. Bohlin Cyivinski Jackson 08519D x05 12 September 2011 Based on our design -phase discussions, it is understood that the furnishings to be included are primarily stock catalogue items from a range of manufacturers and vendors. A select number of custom pieces will,be included where they are cost effective and best suit the needs of the space and the City. A. Scope of Work 1. Phase 1: Program Verification /Furniture Layout Options (5 weeks) a. Verify and finalize the scope of work and the program requirements for furniture and furnishings with the City Hall for the spaces indicated in the attached plan diagrams. b. Issue a furniture and furnishings program for the spaces confirmed for the City's approval and sign-off. c. Space Types' - Prepare a maximum of two preliminary furniture location options for each of the following space types that will result in one prototype layout for each space type: ' 1. Enclosed Offices: 3 sizes - 2. Open Area Work Stations: 6 types 3. Conference Rooms -8 sizes 4. Staff Work Areas 5. Staff Teaming Areas 6. Reception Areas — typical w minor adjustments for each bay 7. File and Records Rooms— typical w minor adjustments for each room's geometry 8. Service Counters at Revenue, One Stop Shop, Parks and Recreation 9. Council Chamber Dais ' 10. NBTV 11. Lunch Room 12. Community Room ' 13. Traffic Management Center 14. Command Center 15. Mail Room - 16. Mothers' Room .. Furniture layouts are not required for the fixed furniture elements in following spaces as these layouts have been finalized as part of BCTs Basic Services Contract: A. Council Chamber— Fixed Public Seating d. Prepare equipment location standardized layout plan for each prototype space; type. This includes equipment dedicated for office or administrative function's only, limited to copy machines, fax machines, printers, computer stations (including location of CPU, monitor, keyboard), plotters and servers . Equipment location plans are to be based on complete information including data sheets and technical specification sheets for all existing and /or new equipment that shall be provided to BCJ by the City including equipment dimensions, power /IT /utility requirements, outlet configurations and special considerations such as dedicated circuits. With the exception of the safe in the revenue area, the equipment location plans do not include equipment used primarily for purposes specific to the occupants of the area they occupy. Services required for revisions to the building construction documents (i.e. power, IT, etc.) in response to equipment requirements and locations are not included in the scope of this proposal and would be addressed as additional services. e. Identify two workstation types for mock -up. f. Attend a maximum of three (3) meetings with the City's selected representatives. The initial meeting is to confirm the fu- miture requirements and layout criteria for the space types listed above developed as part of the main project. This would be followed by meetings to review and discuss furniture layouts developed based on criteria confirmed in the initial meeting. Bohl.in Cywinski Jackson O8519D x05 12 September 2011 g. Program Verification/Furniture Layout Options Deliverables 1. Furniture and Furnishings Program including prototype plans of each space type ate scale of 1/4 "= 1' -0 ". 2. Preliminary floor plans showing location of furniture systems, freestanding furniture and limited equipment for each space type as defined in Item A.1 .c above, at a scale of 1/8 "= 1' -0 ". 2A. Phase II. Design Development (6 weeks) Upon receipt of the City's written approval of the Phase I submission comprised of the furniture program, prototype plans and furniture layout plans, Phase II, Design Development would commence as follows: a. Prepare Design Development Documents to fix and describe the character of the furniture and furnishings to be procured by this contract. This includes: 1. Provide drawings and sketches illustrating the custom furniture under consideration for specific space types. 2. Provide catalogue specifications sheets and color images illustrating the standard furniture under consideration for specific space types. 3. Prepare one color /finish board illustrating the colors and materials of the proposed furniture to establish one color palette as a building standard for each space type. (Refer to Item A. 1.c for a definition of space types.) 4. Prepare coded furniture plans illustrating the layout, type and size of furniture for each space type based on the City's approved furniture and furnishings selection. b. Attend a maximum of four (3) meetings with the City to finalize furniture and furnishings selections. Provide a furniture list identifying units, colors, options and quantities for one manufacturer listed as the basis for design with two other manufacturers listed as equal subject to final approval by the Architect. It is understood that the City will select the options in a timely manner to enable BCJ to adhere to the schedule included in this proposal. . d. Work with City to arrange with vendor for mock -up of two workstations and schedule time for review. .e. Design Development Deliverables 1. ' Furniture and.furnishings program including prototype plans of each space type at a scale of 1/4 "= V -0 ". 2. Floor plans showing location of furniture systems, freestanding furniture and limited equipment for each 'space type as defined in Item A. 1.c above, at a scale of 1/8 "= 1' -0 ". 3. Color and sample boards for each space type. 4.. Outline furniture and furnishings specifications based on one manufacturer listed as the basis for d_ esign with two other manufacturers listed as equal subject to final approval by the Architect. 5. Draft of type and.quantity spreadsheet. 6. Draft of FF +E cut sheets. 2B. Phase II: Design Development Cost Estimate (2 weeks) Based on the Design Development Submission, BCJ and the City will work together to generate a cost estimate for the FF +E scope as defined in Phases I'and II. BCJ will provide an estimate that provides a line item cost estimate for each type of furniture and furnishing identified in the Design Development Submission. The City will provide an estimate for all new equipment costs and for relocation of any existing items. Work on Phase III — Construction Documentation activities will not start until the'cost estimate has been completed and approved by the City and BCJ has received written authorization from the City to proceed. A. If the Design Development cost estimate exceeds the furniture and furnishings project budget established by City, BCJ will meet once with the.City to identify strategies for reducing the project's cost at no additional cost prior to the start of Phase III, Construction Documentation. The City and BCJ shall discuss and agree upon a cost reduction strategy for incorporation into the Construction Documents. Upon receipt of written authorization from the City approving the cost reduction strategy to be incorporated into the Construction Documents, BCJ shall start Phase III, Construction.Documentation incorporating the agreed upon changes into the documents. 3. Phase III: Construction Documentation (8 weeks) Bohlin Cywinski Jackson 08519D x05 12 September 2011 Upon receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated into the Construction Documents (if required), Phase III, Construction Documentation would commence. BCJ will prepare drawings, technical specifications and other documents setting forth in detail' the requirements for the bidding of furniture and furnishings. BCJ and the City will work together in the writing and coordinating the RFP (Divisions,0 and 1 of the Project Manual), e.g. the City will provide bidding forms and procedures for inclusion. BCJ's work in this phase shall consist'of the following: . A. Coordinate and prepare furniture and furnishings Contract Documents including 1/8 " =1' -0" location plans. B. Prepare custom furniture and furnishings specifications including finishes and fabrics. C. Prepare standard furniture and furnishings specifications including finishes and fabrics based on one manufacturer listed as the basis for design with two other manufacturers listed as equal. Substitutions will not be permitted by the specifications. D. Prepare drawings and specifications for custom furniture and furnishing,elements. E. Attend two (2) meetings with the City to review the Construction Documentation progress. F. Construction Documentation Deliverables: 1. Final Construction Documents ' BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of each of the following Construction Documents to the City at Final Completion of the Construction Documents: a. Coded and dimensioned floor plans illustrating furniture locations cross - referenced to the technical specifications. b. Custom and standard furniture and furnishings specifications. c. Dimensioned plan and elevations of each type of custom furniture and furnishings. d. Final version of type and quantity spreadsheet. e. Final selection of FF +E cut sheets. 4. Phase IV: Bidding ,(4 weeks) A. BCJ will work with the City in the bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide the following services: ' 1. Interpret Construction Documents for furniture and furnishings. 2. - Issue addenda. BCJ will post an electronic set of PDF files to the project's FTP site and send one (1) bond copy of all addenda or bulletins which the City which will then issue to the appropriate furniture and furnishings contractors. ' 3. Substitution requests will not be permitted and services related to review. of substitution requests are not included in the scope of services. Such services, if requested bythe City will be addressed as an additional service. 4. Provide assistance in evaluating bids. B. The CM. -at -Risk; as part of their base services, will be issuing the RFP, arranging any pre -bid meetings and walk- throughs, and will receive the bids. They will also lead the process of normalizing /reviewing the bids. Once successful bidders have been determined, the CM -at -Risk will be responsible for completing their contracts. 5, Phase V: Installation Observation (16 weeks) A. BCJ will observe the work and issue interpretations of the Construction Documents. This is based on an assumed duration for this phase of work of sixteen (16) weeks. Should the duration of this phase exceed sixteen (16) weeks, then BCJ's fee would be adjusted accordingly. 1. Review shop drawing submittals. ' 2. - Review final placement of furniture and furnishings and inspect for damage, quality, assembly and function in order to determine that furniture and furnishings are in accordance with the Construction Documents requirements. 3. Prepare one punch list and make one final inspection of installed furniture and furnishings. 4.' Attend six (6) construction installation meetings as they relate to installation of furniture and furnishings. 5. Deliverables: ' Bohlin Cywinski Jackson 08519D x05 12 September 2011 a. One punchlist of installed furniture and furnishings. b. One final inspection repo&on furniture and furnishings. B. The City and the CM -at -Risk will be responsible for the scheduling and supervision of the installers. C. The City and the CM -at -Risk will be responsible for the hiring and management of the moving coordinator. B. Schedule Based on the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City, the bidding documents can be completed within twenty -one (21) weeks of receiving written approval to proceed with this work from the City. It is intended that the City will make all key decisions by the end of the Design Development Phase. The duration for each phase of the work is: . Phase I: Program Verification /Furniture Layout Options 5 weeks Phase II: Design Development 6 weeks Phase Il: Design Development Cost Estimate (After Completion of Phase II; prior to Phase III) 2 weeks Phase III: Construction Documentation 8 weeks Phase IV: Bid Clarification, Review and Award 4 weeks Phase V: Installation Observation 16 weeks Total 25 weeks plus 16 week Installation Observation Phase The durations listed above do not include time for the City's review of each phase progress submission. Pending discussions with the City and accounting for the 2011 holiday season, it is anticipated that design activities would be started in the beginning of October 2011 and completed April 2012. Bohlin Cywinski Jackson 08519D x05 12 September 2011 C. Qualifications and Exclusions 1. This proposal is for FF +E in the new City Hall project only and does not include the library addition. Should services for the library be desired, BCJ can provide a separate proposal. 2. These Additional Services shall be incorporated in BCJ's Base Contract as a contract amendment. BCJ is proposing our fee as an hourly with a not -to- exceed total, to be invoiced monthly based on actual hours expended. These Additional Services shall be on a separate invoice for accounting purposes. 3. Per our review of the City Hall plans colored by department and space type on the 6th of September (copy posted to the FTP Site as mentioned above), these plans accurately reflect layout of offices and work stations with only minor revisions in office and work station locations and tilles, 4. Any revisions to the scope of the furniture and furnishings program and/or documents after completion of Phase I, Program Verification /Furniture Layout Options, with the exception of the cost review exercise described in Phase 116, will be considered as an additional service. 5. If The City causes the duration for any phase of this work to exceed those specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. 6. A fixed number of meetings are identified for each phase of the work. This proposal assumes that the attendees at these meetings are limited to two. BCJ representatives and two'City representatives. It does not include meetings with individual users. If the number of meetings for any one phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. 7. Pi&ocurement and purchasing of the FF +E scope and move -in coordination are not included by BCJ as part of these services. 8. Interior elevations, perspectives or renderings are not included as part of these services. 9. This proposal is based on developing a standard furniture package for each space type as described in.ltem A.1.c, Space Types, on page 2. Once approved by the City, these designs would be documented for all rooms of-the correlating type. This proposal does not include design services for the customization of individual office /workstations, conference room or other spaces. The design of unique furniture layouts and accessories for individual rooms is considered an additional service except for those listed above and for columns or other architectural elements affecting typical layouts. 10. This proposal assumes that all furniture and furnishings being specified for the new City Hall as part of this contrail are newly purchased and does not include the survey or relocation of any existing furniture or furnishings with the exception of: 31 Department of Public Works specially -sized hanging files for mylar drawings. 11. The survey or relocation of existing office equipment is not included as part of these services, with the exception of the existing computers and monitors, copiers and printers, plotters and servers the City elects to relocate: The City will provide BCJ with a list of those items to be- relocated and mark a draft plan of the intended location for these items. 12. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location only. Information regarding equipment sizes and utility' requirements are to be provided to BCJ by the City. No new office equipment is being Selected, specified or purchased as part of this contract. 13. No services are included for the specification, bidding or procurement of any equipment specific to the needs of a particular department. . 14. Demountable partitions are not included as part of these design services. ' 15. Individual desk accessories: a. File trays, monitor mounts and task lights are included as part of these design services. Bohlin Cywinski Jackson 08519D x05 12 September 2011 b. Keyboard trays and trash cans will not be included, though cuts will be provided as recommendations for purchase from other budgets. c. Standard office supplies are not included within the FF +E scope. 16. Roller shades at exterior walls and interior conference rooms where required are being provided as part of BCJ's base building contract services. Additional window treatments at other locations, if requested by the City, are not included as part of these design services. 17. Chalkboards, whiteboards and /ortackboards are being provided at certain locations as part of BCJ's base building contract services. Additional chalkboards, whiteboards and /or tackboards at other locations, if requested by the City, are not included as part of these design services. 18. Battery operated wall clocks would be provided, if desired by the_ City, as part of these services. Electric clocks and /or a centralized, synchronized clock system, if requested by the City, are not included as part of these design services. 19. Other than custom furniture and furnishings items as identified above, built -in millwork items in individual offices /workstations and /or conference rooms are not included as part of these services. 20. - Room signage, wayfinding signage or building directories are covered under separate scope and are not included as part of these services. 21. Cost estimating services'are provided for furniture and furnishings, but not for equipment as part of these services. These will be provided by the City and included in BCJ's cost spreadsheet. 22. Value engineering services and meetings are not included as part of these services other than as indicated in 2B.A. above. 23. Coordination of mechanical, electrical, plumbing, IT, AV and other building systems revisions and additions with the furniture layouts, including revisions to building documentation by BCJ and other consultants, is not included as part of these services and shall be addressed.as additional services. 24. BCJ will create a furniture and furnishings cost estimate at the end of Phase II; Design Development. The City will advise BCJ of any requested modifications to the furniture drawings prior to the start of Phase III, Construction Documents. - Modifications of the program, drawings or specifications after receipt of the City's written approval of the Phase II Design Development submission and the cost reduction strategy to be incorporated-into the Construction Documents (if required) shall be considered an additional service. 25. The.City will develop the equipment portion of the cost estimate. BCJ shall be entitled to rely upon the completeness and accuracy of this estimate effort. Equipment estimate to be based on actual project schedule for when equipment will be purchased and installed and will account for escalation. Any services required due to inaccurate or incomplete estimates by the City, including all revision's to documents after coordination of the approved scope with the approved budget based on the Design Development Cost Estimate, shall be considered an additional service. 26. Documents shall be prepared according to BCJ office standards for construction documentation. 27. Provision of electronic file formats foF use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 28. Cost for reproduction of Construction Documents for bidding purposes is not included as part of these services. 29. If at the time of bidding changes have been made in manufacturers' product lines, fabric types, furniture sizes, options, accessories or any other technical or design specifications of the furniture which were used as the basis for the original Contract Documents, changes to the Contract Documents to update this information to. match current manufacturer's specifications shall be considered an additional service' ervice ' I Bohlin Cywinski Jackson 08519D x05 12 September 2011 D. Fee Proposal ' Based on the above scope of work description, BCJ proposes the following hourly, not -to- exceed amount for this work. No other disciplines have been included in this proposal. Should their services be required, they will be available as an additional service. Invoicing will be monthly based on actual hours expended. Please see attached exhibit A for additional detail. Proposed Bohlin Cywinski Jackson Services Fee Amount Phase I: Program Verification $ 29,085 Phase IIA: Design Development $ 44,630 Phase 1113: Cost Estimate $ 9,020 Phase III: Construction Documentation $ 58,605 Phase IV: Bidding - $. 13,280 Phase V: Installation $ . 35,090 BCJ Fee for services proposal: $ 189,710 E. Estimates! Reimbursable Expenses Following are BCJ's estimate of reimbursable expenses. When possible, BCJ will economize by combining expenses with those of the main project. The expenses below are in addition to those already identified in BCJ's Proposal for Basic Services. Travel expenses are generated using the same assumptions as those on the, main project. Please see attached exhibit B for explanation of proposed reimbursable expenses. BCJ Estimate of Reimbursable Expenses: - , $ 30,600 The amount included in the Estimate of Probable Reimbursable Expenses is provided as an allowance, against which actual cost will be assessed. The City has agreed that should the A/E Team expenditures approach these estimated limits, the City will reasonably increase these amounts in discussions with BCJ. TOTAL FEE PROPOSAL: 220,310 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Steven Chaitow, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Printed Name: Title: Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: Stephen G. Badum, P.E. 12 September 2011 Hours and Fee for Newport City Hall Project - FF+E 08519D X05 FF +E /.Page 9 of 10 'c:P. m Veri .4 =Des.DeV' °'Cost <Est >^ i 'GoniDocsis:;. ; <- - +s:Bid =. �� ;:: ?':c..; 4CA a::• -x Totals Rate Hrs �bal Hrs Hrs Hrs Architectural Principal $285 -6 8 2 9 4 10 24 Senior Associate $160 20 42 20 32 40 Associate $125 0 0 0 0 0 0 Staff 1 $105 0 0 0 0 0 0 Staff 2 $85 280 160 592 64 320 Office $75 5 7 2 8 4 16 Architectural Fees $29,085 $44,630 $9,020. $58,605 $13,280 - $35,090. $189,710 Bohlin Cywinski Jackson EXHIBIT B Project Name: NEWPORT BEACH CIVIC CTR+ PARK - FF +E INITIAL REIMBURSABLE EXPENSES ESTIMATE Description BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF Parking at airport Cab fare / car rental Food Hotel per night Plane Fare (see Note 1) Total'per person per one day trip 9 1 -day trips; 1 person/trip 81 -day trips; 2 people /trip Stephen G. Badum, P.E. 12 September 2011 08519D x 05 FF +E Exhibits / Page 11 of 11 BCJ Project No. Date: 08519D x05 Amount / No. of Days / Person Miles $45.00 $22.00 $75.00 $75.00 $240.00 $500.00 12_sep_2011 Total $90.00 $44.00 $75.00 $75.00 $240.00 $500.00 $1,024.00 People X No. of Trips $1,024.00 9 $9,216.00 $1,024,00 16 $16,384.00 BCJ estimated total for travel /lodging /meals (see note 2) $25,600.00 BCJ total initial reimbursable expenses estimate for $ 5,000.00 $5,000.00 reproduction, printing, telephone, /fax, mail(regular and ' express), photos/prints per BCJ proposal Total design professional team initial reimbursables $30,600.00 expenses estimate (see note 3) Notes: Note 1:Reimbursable expenses include the following: - BCJ transportation, lodging and expenses fof all travel between their offices and the job site. - BCJ expenses for all reproduction and printing. -All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ'sConsultanls, the Owner, the Contractors and others involved in the project. - BCJ expenses for prints. ' Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare 'increases in excess of the estimated cost indicated herein. ' Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and/or Consultants meetings/presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to -exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1,10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT B AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR S NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this 9 —A day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation, whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant "), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. On August 22, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement, or prior Amendments and to increase the total compensation. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated August 24, 2011 which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Four Million, One Hundred Twenty -Six Thousand, Nine Hundred Ninety -Two Dollars and no /100 ($4,126,992.00) without prior written authorization from City ( "Total Amended Compensation'). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Ten Thousand, Six Hundred Ninety Dollars and no /100 ($10,690.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: %Vy\ Vieu-1 ihill Assistant City Attorney ATTEST: Date: C% Iy' 2.D11 By:ap�- � or' Y Leilani I. Brown City Clerk ;-cl Foams CITY OF NEWPORT BEACH, A California municipal corporation Date: q l (y �ti011 By: Dave City Manager CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: 26 5EP7- 201/ reg?R. Mottola, ce resident Date: 00TO SIA 11 By: William D. Loose, Vice President and Treasurer Attachment: Exhibit A — Scope of Work EXHIBIT A Bohlin Cywinski Jackson Paler Q. Bob)-n. FAIA Berna,d J. Cywinskl. FAIR 11940-20111 Jon C Jackson FAIA Flank W Gouman. FAIA. LEED AP William Loose AIA Cornelius J. Reid. III AIA KaliA Ba4,a$ AIA GreyolyR M-1 :10 a. AIA C. Roxm TS SneloeCk. AIA Ronart E. Mdler. AIA L EED AP Raymonc S. Calabm, AIA 24 August 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject Changes in SWPPP Risk Level Additional Services Proposal (BCJ Project 08519D x04) Dear Mr. Badum: As we discussed in last Thursday's weekly review and per Matt Bamm's email that day, due to updated regulations, we have the need to update and resubmit our SWPPP plan. Our moving from risk level one to level two has caused us to revisit the documentation. In an ordinary project, it would likely be sufficient to update the operating procedures (e.g. provide for testing), something that would be part of basic services. However, given that the new Civic Center is a high profile project, the City would prefer to have an Erosion Control plan that closely reflects site conditions as they now exist. Project Scope The scope of this project will consist of an on -site meeting in which Matt Bamm reviews CW Driver's proposed management strategies, as well as actual and proposed site conditions. Matt will then generate revised drawings based on these discussions and provide a revised SWPPP package. Please see the attached proposal from Arup for additional scope detail. BCJ will manage this process, and coordinate Arup's efforts with CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre /Pittsburgh /Philadelphia/Seattle /San Francisco San Francisco, California 94108 -5555 415 -989- 2100 /Fax: 415- 989 -2101 Bohlin Cywinski Jackson 19 August 2011 08619D x 04 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $10,690 based on the assumptions below: Services BCJ 04 hours Senior Associate $160.00 per hour $640 02 hours Staff 1 $105.00 per hour $210 Arup 19 August 11 proposal $8,840 Relmbursables BCJ To be billed under base project (08519D) NA Arup 19 August 11 proposal $1,000 Total $10,690 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AfA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywlnski Jackson Sinned- Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: ARU P To Steve Chaitow, Bohlin Cywinski Jackson Reference number w John Worley, Principal, Arup 208597/MCB File reference Memorandum Page 1 of 4 J:\208597 \3 Project Administration\3-03 Project Financial Files \3 -03 -01 Contracts, Costs, Fees \Civil Scope of Work From Mathew Bamm x 27266 (San Francisco) Date August 19, 2011 Subject Newport Beach City Hall - Add Service MX Grading, Erosion Control, and SWPPP Revisions On Sept 2, 2011, the Newport Beach Civic Center and Park project will be rated Risk Level 2 for construction storm water management control under the latest NPDES General Permit, Order No. 2009 - 0009 -DWQ. This letter requests authorization for additional scope and fee to revise MX grading and erosion control plans coincident to construction staging for the winter 2011/2012 rain season. Authorization is also requested to update the project SWPPP Water Pollution Control Drawings (WPCDs) necessary to satisfy the new NPDES provisions, which require the project to test pH and turbidity of stormwater during and following rain events. At the request of the City, the following scope items are deemed necessary to bring the project SWPPP in line with the upcoming NPDES permit revisions. Scope of Work Task 1: Site Visit, Reconnaissance, and BMP Inspection One (1) senior civil engineer from Arup will visit the project site on Tuesday, Aug 23, 2011 to perform site reconnaissance of the latest grading and construction staging activities, including topsoil stockpiling and erosion and sediment control management. Arup will walk the site with CW Driver and a City representative to inspect all construction Best Management Practices (BMPs) and provide recommendations as to modifications and adjustments that will maximize BMP performance. Arup will meet with CW Driver and a City representative to discover current and future construction staging constraints as they relate to storm water hydrology, erosion, and sediment control sequencing for the upcoming winter 2011/2012 rain season. The intent of this meeting is for the City, Arup, and CW Driver to agree on one (1) interim -phase grading, drainage, and erosion control program that occurs sometime between the MX grading phase and the final grading phase documented in the building permit package. Following the Aug 23 meeting, Arup will document and deliver meeting minutes, including graphical and photographic images, and BMP adjustment recommendations. Task 2: MX Bulletin No. 8 Arup will prepare and deliver MX Bulletin No. 8, which modifies the current MX grading and erosion control plans to the interim -phase program agreed between Arup, the City, and CW Driver on Aug 23. This scope J:120359713 PROJECT ADMINISTRATION"3 PROJECT FINANCIAL FILEW43.01 CONTRACTS, COSTS, FEESCML moNormnmencsw Po3 SCOPE OF WORKtMX CMIL ADDSERVICE 2011-0&19DOC Ra U,1Nwe.WMD1 208597/MCB Memorandum August 19, 2011 Page 2of4 provides enough budget to modify up to three (3) MX Grading sheets and three (3) MX Erosion Control plan sheets. Task 3: sWPPP Update — Water Pollution Control Drawings Arup will utilize MX Bulletin No. 8 to prepare revised Water Pollution Control Drawings (WPCDs) within Appendix A of the project SWPPP. The WPCDs will identify appropriate locations for sampling of pH and turbidity as required under the latest NPDES General Permit for a Risk Level 2 site, along with the updated erosion control plans associated with the interim -phase grading and erosion control program. A total of six (6) WPCD plan sheet updates are budgeted under this task. Fee Estimate The following estimate is prepared from the following task breakdown of engineering hours: Task 1: Site Visit, Reconnaissance, and BMP Inspection $ 3,230 Task 2: MX Bulletin No. 8 $ 4,070 Task 3: SWPPP Update— Water Pollution Control Drawings $ 1,540 Expenses: Travel Expenses: I trip from SFID to SNA, including airfare, ground transportation, and per diem for one staff. Total Services Fee: Total Estimated Expenses: $ 1,000 $ 9,840 J.VM9M PROJECT ADMINISTRATION303 PROJECT FINANCIAL FILES130 1 CONTRACTS, COSTS. FEESICIVIL ..... ' _ d ll. SCOPE OF Y,ORMM %CIVIL ADDSERIACE 2011-0&19.DOC R.60 I u .... e.' MI 208597/MCB August 19, 2011 Schedule Task 1: Site Visit, Reconnaissance, and BMP Inspection Task 2: MX Bulletin No. 8 Task 3: SWPPP Update — Water Pollution Control Drawings Total Duration: Terms Memorandum Page 3 of 4 Aug 23 Aug 30 Aug 30 1 week This proposal is assumed to be an additional service to which the terms and conditions of the existing contract between BC.1 and Arup shall apply. The terms and conditions in the existing contract agreement shall constitute the entire agreement unless they are expressly rejected prior to the authorization of Arup's services and another contract is agreed by all parties concerned. We propose to perform the above work on a Time and Materials basis, with a total services fee not to exceed $9,840. Any reimbursables beyond the travel expenses explained herein are assumed to be provided under the base contract. The estimated services fee for each scope item is provided above, which reflects the anticipated level of effort required assuming the hourly rates noted below. Should it become apparent that the scope of work is significantly changed from what is described above, we will notify BCJ immediately, and submit a request for authorization of additional fees prior to proceeding. Our current time and materials rates per hour are as follows: TITLE RATE Principal 1 $325.00 Principal 2 $300.00 Associate Principal $215.00 Associate $190.0c Sr. Consultant / Engineer $160.00 Consultant / Engineer $130.00 Graduate Consultant / Engineer $110.00 Sr. Drafter $120.00 Drafter /Graphic designer $110.00 Clerical $85.00 We propose to submit monthly invoices, with payment requested within 30 days from the date of the invoice. We will summarize hourly rates, time and fee spent for each of the scope items noted above on each invoice. J.120859713 PROJECT ADMINISTRATION1 3 PROJECT FINANCIAL FILES13O3-01 CONTRACTS, COSTS, FEESrCML Aup NwTM Lm FOA SCOPE OF WORK CMLADMERMCE M11-0 19.DOC Rev8.G.1Nwe�er= 208597(MCB August l9, 2011 Yours sincerely Mathew Bamm, P.E. Civil Engineer cc John Worley, Arup AGREED AND ACKNOWLEDGED: The below signed acknowledges and agrees to the above terms and is an officer of BCJ with the authority to enter BCJ into this letter agreement with Arup North America Ltd. Signature: Name: Title: Date: Memorandum Page 4 of 4 J:12M9A3 PROJECT ADMINISTRATIONV PROJECT FINANCIAL FILESl3 W CONTRACTS, COSTS, FEEMIAL �Na Am LWM3 SCOPE OF WORMX a1 L ADDSERMCE2011-0 19DOC R eA, t NwaMa mot AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two "), is entered into as of thisL day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant "), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement or prior Amendment and to increase the total compensation. D. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated July 1, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and prior amendment, including all reimbursable items and subconsultant fees, shall not exceed Four Million, One Hundred Sixteen Thousand, Three Hundred Two Dollars and no /100 ($4,116,302.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Sixty -Five Thousand, Seven Hundred Eighty Dollars and no /100 ($165,780.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM: OFFICE F THE CITY ATTORNEY Date: By Leonie Mulvihill Assistant City Attorney ATTEST: / Date: ani . Brown City Clerk a CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: V By: William D. Loose Vice President and Treasurer Attachment: Exhibit A — Additional Services to be Performed �'.i , Bohlin Cywinski Jackson Peter 0. Bonin. FAIA Bernard J. Cyvinski, FAIA (1940-20n) Jon C. Jackson, FAIA Frank W. Grauman, FAIA. LEED AP William D. Loose, AIA Cornelius J. Rex. III AIA Karl A. Backus, AIA Gregory R. Monte. AIA C. Roxanne Sherbeck, AIA Robert E. Miller. AIA, LEED AP Raymond S. Castem, AIA 07 July 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subjecl:Design Services for Project Signage Additional Services Proposal (BCJ Project 08519D x03) Dear Mr. Badum: Per our discussions in the design phase, the design of the Civic Center's Signage was separated from the main project and developed separately. Now that we are in Construction Administration on the main project, it is timely that the signage be designed for the City Hall, Library Addition, Garage and Site. As we have been sharing, on the Bin of June we issued requests for proposals from signage design firms, on the 17 In we received those proposals, and on the 24 In selected PhD design, located in Santa Monica. Project Scope The scope of this project will consist of the design, bidding and construction administration services for the Civic Center project signage. This will include the review of the signage for code compliance by Inlerwest. The scope of the work is clarified regarding signage quantity and type in documents provided on the FTP site under ftp: / /Newpon- City @flp.bcj.com:21 111 +from +BCJ /signage 111 +07 +01 +signage +scope. and in the attached proposal from PhD. BCJ will manage and guide this process, and coordinate PhD's efforts with the design learn. CW Driver and the City. Project Schedule The schedule for this phase is to be as follows: 8 weeks SD and DD phases 8 weeks CD phase 4 weeks Bidding Phase duration Construction Administration - to track with main proleci Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilke s -Barre /Pittsburgh /Philadelphia /Sealile /San Francisco San Francisco, California 94108 -5555 415-989-2100/Fax: 415-989-2101 Bohlin Cywinski Jackson 07 July 2011 08519D x 03 Page 2 of 3 Project Fee This proposal is for a time - and - material fee, with a not- to-exceed amount of $165,780 based on the assumptions below: Services BASE PROJECT BCJ To be billed under base project (085190) NA BCJ see attached hourly summary $14,990 PhD 07 July 11 proposal $125,325 ALTERNATE #1 us if you have any questions or need additional information. Sincerely yours, BCJ see attached hourly summary $2,040 PhD 07 July 11 proposal $10,000 ALTERNATE #2 r" .. BCJ no additional charge $0 PhD 07 July 11 proposal $2,475 Reimbursables BCJ To be billed under base project (085190) NA PhD 07 July 11 proposal $10,950 $9,900 Base Project, $800 Alt 1, $250 All 2 Total services and reimbursables with alternates $165,780 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, r" .. Greg Mottola, AIA Steven Chaitow, AIA Principal Project Manager Cc: BCJ Team OWNER: ARCHITECT: City of Newport Beach Bohlin Cywinski Jackson Signed: _ _. Signed: Printed Name: _ Printed Name: Gregory R. Mottola, AIA Title: Title: Vice President Date: Date: Stephen G. Badum, P.E. 7 July 2011 08519 D x 03 Signage / Page 3 Hours and Fee for Newport City Hall Project - 08519D x03 Signage City Hall Bldgs Parking Library Addition Site Rate 51hr Hrs Hrs Hrs Hrs Schematic Design and Design Development Principal Senior Associate T_ $285Im mm5160 3 _..._T12 1 3 1 1 Asiate soc 5125 0 0 2 2 Staff 1 $105 10 2 rg 0 Stall 2 $85 0 0 1 2 OfOCe $75 3 0 0 0 SDIDD Fees Construction Documents $4,050 $975 51,420 $710 Principal S2851 2 1 1 0 Senior Associate j $160 91 2 2 2 Associate $125 0 0 0 0 Staff 1 $105 7 2 1 2 Slaff 2 $85 0 0 0 0 Office $75 2 0 0 0 CD Fees 52,895 5815 $710 5530 Bidding and Construction Administration Principal —T -- 5285 1 0 1 0 Senior Associate 5160 2 1 1 1I Associate $125 0 0 0 0 Staff 1 5705 8 3 1 1 _ Staff $85 .................__._.._.._._........_. . ... ...... . Office 575 ... 0 2 0 _......__.._._.__..... 0 0 .................__........:. 0 0 .._......_......._.......... 0 Bidding and CA Fees 51.595 Base Totals $8,540 Alternate #1 - Enerqv Display _....._— _..__......_.._ _.....__ Principal $285 ......._._........___ 1 Senior ASSOaaw 5160 3 Associate $125 _ �^ 0 Staff 1 I $105 10 Stall2 ( $85 _ 01 Office ��� $75 3 Alternate #1 Total 52.040 Totals $7,155 $4,950 $475 5550 $265 $2,885 $2,265 $2,680 $1,505 $14,990 SEW PpRr CITY OF °�,� � = NEWPORT BEACH `OFORT, City Council Staff Report July 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED:r� TITLE: NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON FOR PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT SERVICES ABSTRACT: Design and construction support services are needed for the signage portion of the Civic Center and Park Project. The scope of work includes the City Hall office building, the Library addition, the Parking Structure, and the overall Site. RECOMMENDATION: Approve Professional Services Agreement (PSA) Amendment No. 2 with Bohlin Cywinski Jackson (BCJ) of San Francisco California for Civic Center and Park Project signage design and construction support services at a not -to- exceed price of $165,780.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Budget Includes Sufficient Funding Funds are available in the unused design portion of Encumbrance No. E1002019 for the additional services. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON FOR PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT SERVICES July 26, 2011 Page 2 The proposed use of the funding balance is as follows: Vendor Purpose Amount Bohlin Cynwinski Jackson Signage Design and Support $ 165,780.00 Services Total: $ 165,780.00 DISCUSSION: On November 25; 2008, City Council selected BCJ as the Architect for the Newport Beach Civic Center and Park Project. On November 24, 2010, City approved a PSA with BCJ to provide support services during the construction duration. On June 23, 2011, City and BCJ entered into PSA Amendment No. 1 in response to unexpected issues raised by the Southern California Edison Company. With the Civic Center and Park Project design being a dynamic process, it was decided from the start that it was in the City's best interest not to begin the signage design component until the design of all building elements have been finalized. so as to avoid redundant efforts. With the Project under construction, it is now timely to enter into Amendment No. 2 with BCJ for signage design and construction support services for all of the buildings and the site. Since BCJ is charged with the project design, it solicited interest from firms known for their signage specialty to propose for our Project. BCJ reviewed the firms' qualifications, related experience, and performance records. BCJ and staff concurred that the firm Ph.D would provide the City with the best overall services. Upon selection, Ph.D's fee schedule and hourly rates were found consistent with the current market for the skills and experience required for the work. The scope of work covered by this Amendment No. 2 includes the preparation of schematic designs, final designs, and construction documents; technical support during the bidding phase; and construction support services. A detailed listing of the work tasks is attached. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON FOR PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT SERVICES July 26, 2011 Page 3 the bidding phase; and construction support services. A detailed listing of the work tasks is attached. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: "2"'l Stephen . Badum Public Works Director Attachment: Amendment No. 2 to Professional Services Agreement AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two "), is entered into as of this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant "), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. On June 23, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement or prior Amendment and to increase the total compensation. D. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated July 1, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and prior amendment, including all reimbursable items and subconsultant fees, shall not exceed Four Million, One Hundred Sixteen Thousand, Three Hundred Two Dollars and no /100 ($4,116,302.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be.performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Sixty -Five Thousand, Seven Hundred Eighty Dollars and no /100 ($165,780.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM: OFFICE O_F HE C TY ATTORNEY Dater it By: Lennie Mulvihill Assistant City Attorney ATTEST: Date: Bv: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: By: Gregory R. Mottola Vice President Date: Bv: William D. Loose Vice President and Treasurer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A Bohlin Cywinski Jackson Peter 0 Bohlin. FAIA Bernard J. CywinSki. FAIA (t 9n0-20i t l Jan C. Jackson. FAIA Frank W. Grauman. FAIA. LEED AP William D, Loose. AIA Cornelius J. Reid. III AIA Kali A. Backus. AIA Gregory R_ Mollola. AIA C. Roxanne Sherbeck, AIA Robert E- Miller, AIA, LEEO AP Raymorid S. Cala]ra. Ali. 07 July 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject:Design Services for Project Signage Additional Services Proposal (BCJ Project 08519D x03) Dear Mr. Badum: Per our discussions In the design phase. the design of the Civic Center's Signage was separated from the main project and developed separately. Now that we are in Construction Administration on the main project. it is limely that the signage be designed for the City Hall, Library Addition, Garage and Site. As we have been sharing, on the 8'" of June we issued requests for proposals from signage design firms, on the 17'h we received those proposals. and on the 24 "' selected PhD design, located in Santa Monica. Project Scope The scope of Ihis project will consist of the design, bidding and construction administration services for the Civic Center project signage. This will include the review of the signage for code compliance by Intenvest. The scope of the work is clarified regarding signage quantity and type in documents provided on the FTP site under Ilp: / /Newport- City @ftp.bcj.com:21111 +from +BCJ /Signage111 +07 +01 +signage +scope and in the attached proposal from PhD. BCJ will manage and guide this process, and Coordinate PhD's efforts with the design team, CW Driver and the City. Project Schedule The schedule for [his phase is to be as follows- 8 weeks SD and DD phases 8 weeks CD phase 4 weeks Bidding Phase duration Construction Administration - to track with main project Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre /Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco. California 94108 -5555 415- 989 - 2100 /Fax:415- 989 -2101 Bohlin Cywinski Jackson 07 July 2011 03519D x 03 Page 2 of 3 Project Fee This proposal is for a lime- and - material fee. with a not -to- exceed amount of $165,780 based on the assumptions below: Services BASE PROJECT BCJ see attached hourly summary $14,990 PhD 07 July 11 proposal $125,325 ALTERNATE #1 BCJ see attached hourly summary $2,040 PhD 07 July 11 proposal $10,000 ALTERNATE #2 BCJ no additional charge $0 PhD 07 July 11 proposal $2.475 Reimbursables BCJ To be billed under base project (08519D) NA PhD 07 July 11 proposal $10.950 $9,900 Base Project, $800 All 1, $250 Alt 2 Total services and reimbursables with alternates $165,780 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours,, Greg Mollola, AIA Steven Chailow, AIA Principal Project Manager Cc: BCJ Team OWNER: ARCI- IITECT: City of Newport Beach Bohlin Cywinslu Jackson Signed _. . _ ._ - .__. Signed: Printed Name: ,. .,., _ -- Printed Name: Gregory R. Mollola, AIA Title: Tale: Vice President Date: Date: Stephen G. Badum, P.E. 7 July 2011 08519 D x 03 Signage / Page 3 Hours and Fee for Newport City Hall Project - 08519D x03 Signage City Hall Bldgs Parking Library Addition Site Rate $ /hr Hrs Hrs Hrs sirs Schematic Design and Design Development Principal 5285 _..._._.._._.... ..._._.. Senior Associate $1F0 ...__.__._._ 3 72 1 1 Associate $125 0 0 0 0 Staff 1 j $105 10 2 4 1 Staff 2 1 $85 0 0 0 0 Office i $75 3 0 1 0 SDIDD Fees Construction Documents $4,050 $975 $1,420 $710 Principal 1 $2851 21 1 1 0 Senior Associate $160 9 2 2 2 Associate $725 0 0 0 0 Slalf t $105 7 2 1 2 Staff 2 I $85 0 0 0 0 Office 575 2 0 0 0 CD Fees $2,895 $815 S710 $530 Bidding and Construction Administration Principal i $285 1 0 7 0 Senior Associate $160 2 1 1 1 Associate 1 $125 0 0 0 0 Staff 1 $105 8 3 t 1 Staff $85 0 0 0 0 .. ....................._�...._... Off ice ._......_._.._.___ Bidding and CA Fees Base Totals Alternate H1 - Energy Display Totals $7,155 $4,950 $1595 $475 $550 $265 $2,885 $8,540 $2,265 $2,680 $1,505 Principal $285 t Senior Associate 1 $160 3 —0 Slalf 1 $105 10 SIaB 2 .iL f $85 S79_...�— 0 Y 3 Alternate p1 Total $2,040 C;ySe)-/ AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PHASE THREE THIS AMENDMENT NO. ONE TO PROFESSIQNAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this 23 rel day of JUNE 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant "), and is made with reference to the following: RECITALS: A. On November 24, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional services for the third phase of the Newport Beach Civic Center & Park Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement to increase the scope of work and total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated May 13, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. f��K�ldil » ►6y� i[�]i•I The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Million, Nine Hundred Fifty, Five Hundred Twenty -Two Dollars and no /100 ($3,950,522.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifteen Thousand, Four Hundred Ten Dollars and no /100 ($15,410.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: OFFICE PF THE CITY ATTORNEY Date: 1 By: `�, Lennie Mulvihill / Assistant City Attorney ATTEST: /' narP• 10 By: 9(C^YVVAh ) Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Califorpi7mu$cipal corporation Works Director CONSULTANT: BOHLIN CYWINSKI JACKSON, Pennsylvania Corporation Date: (0/ Mottola Dam` Oto�h LUII By: 4rAlAl` William D. Loose Vice President and Treasurer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A - y 13 May 2011 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 a dk s, i. lip Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519D Subject: Changes in Southern California Edison (SCE) requirements Additional Services Proposal (BCJ Project 08519D x02) Dear Mr. Badum: As you are aware, there has been an ongoing conversation with Southern California Edison (SCE) regarding the powering of the Library and the new City Hall. This conversation started in the design phase and the 100% CDs reflected the input of SCE to that dale. After the CDs the conversations continued and in these SCE's requirements and direction continued to change and evolve, including the introduction of new requirements that no one on the team had encountered on any previous project. Though, in the spirit of team work and agreeability, the design team had initially been able to absorb these many changes, the scope of changes, primarily in their implementation, became larger than previously estimated. It is this implementation scope on which the additional service request is based. Project Scope The scope of this project will consist of the integration of the final direction from SCE in the Civil, Landscape, Architectural, Structural, and Electrical disciplines. The updates to the drawing set with this information will appear in permit revisions four, five and six. Please see the attached proposals from Arup and PWP for additional scope detail. BCJ will manage this process, and coordinate Arup's efforts with the design team, CW Driver and the City. A,chilectu e Planning Interior Design 49 Geary Street Suite 300 Wilkes - Barre /Pittsimrgh 'Phi Iadelphia /Seattle /San Francisco San Francisco, California 94108 -5555 415 -989- 2100 /Fax, 415 989 -2101 13 May 2011 08519D x 02 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $15,410 based on the assumptions below: Services BCJ 01 hours 08 hours 08 hours Arup PWP Reimbursables BCJ Arup PWP Total Principal $285.00 per hour $285 Senior Associate $160.00 per hour $1,280 Staff 1 $105.00 per hour $885 13 April 11 proposal $8,000 13 May 11 proposal $5,005 To be billed under base project (08519D) NA To be billed under base project (08519D) NA To be billed under base project (08519D) NA $15,410 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Aw. Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: OUFFet 20WO71JW Steve Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 April 13, 2011 Dear Steve NBCC &P Project - Additional Service Proposal ARUP 560 Mission Street Suite 700 San Francisco CA 94105 United States of America t +1 415 957 9445 f +I 415 957 9096 john.worleyQa amp.cont www.arup.com Electrical, Structural and Civil Engineering Associated with Addition of Below Grade Electrical Vaults in Loading Dock Area P n This letter provides an additional service fee proposal for Electrical, Structural and Civil Engineering services associated with the addition of an emergency switch gear near the Central Library, and below grade electrical vault in the loading dock area adjacent to the City Hall building. The addition of this equipment alters the approved electrical, structural, and civil designs and will be documented as Permit Revisions 94 and #5. Scope of Work Electrical, Structural and Civil tasks associated with this work include the following: • Redesign of electrical site plan, riser diagram, and civil utility plans to comply with direction provided by Tim McGinnis of SCE on Jan 26 and Mar 21. This direction includes adding an emergency switch gear and capacitor bank on Jan 26, and then removing the capacitor bank and providing additional access information for the City Hall transformer on Mar 21. • Redesign foundation for steel column located at grid 1/F and 1 /C. • Redesign to the City Hall foundation along grid tine 2 for the vault and its associated conduit to pass below the foundation. • Redesign retaining wall and its associated footing between grid B and grid B.6 (referred as Wall 'IF" on civil documents). • Document items directed in both Jan 26 and Mar 21 meetings on Electrical and Civil drawings as Pen-nit Revision #4; issued to BCJ on Apr 1. • Document items directed in the Mar 21 meeting on Structural and Civil drawings as Permit Revision 95, which will be issued to BCJ on Apr 13. RolE[F ACMwlsmnilOMlM FRwECT FIN.xcwL nLSSaoro� Amp Nonh AR,ehCe Ltd CONTRA C19. CORK. REAM FEE FNOFOC -SC C- AWrtION OF ELECTRICAL YALLOO IN LOARN. CO. A.C. 2pseamw Aptl113.2011 Exclusions Page 2 of 3 During the design phase, the Arup team sought to provide timely response to ongoing external reviews and constraints by local utilities, which will continue through the constriction phase as required. Prior to the scope items described above, one permit revision and two coordination meetings were provided by Arup in an effort to keep discussions between the team and Southern California Edison moving forward. Though these items are beyond base project services, the design team will not seek additional compensation for them: Civil, Electrical, Telecom and Structural redesigns to locate the Library electrical meter panel and route electric and telecom services beneath the Library slab to the basement, as directed by CWD after 100% construction documentation. Revisions were documented as Permit Revision #3 on Jan 28. One (1) in- person team meeting between the design team and SCE on Jan 26 where Tim McGinnis directed the team to add an emergency switch gear and capacitor bank. While Paul Barnard had discussed the electrical design with SCE through the design phase, SCE did not direct the team to include these items until this date. One (1) in- person meeting between the design team and SCE on Mar 21, where the team presented revised documents from direction provided in the Jan 26 meeting. Tim McGinnis again provided new direction to the team, this time removing the capacitor pad and providing additional information for locating the City Hall transformer. Amp hereby seeks additional fee authorization only for Civil, Electrical, and Structural redesigns imposed by the Jan 26 and Mar 21 meetings, which will be documented under Permit Revisions #4 and #5 as outlined above. Schedule We can start on this work immediately once we receive approval from the City for the additional service. We anticipate completing the scope of work within a week from date of receiving approval. Fees Our fee to complete the above scope of work is $8,000 (T &M not to exceed fee). We wil. invoice on a time basis per the approved contract billing rates. Any reimbursables will be billed to the base project. Terms and Conditions We assume that this scope of work will be carried out under the same terms and conditions as our existing work. ievosssronaaem ADDMtsra.na�amaaaecrriINx DINOG�K u�cox.�uas.cosxs. ree. xs eanorosusas�.00xwx or e�snnrcuvnu�rsi. �wowoo «x,oacx 2086WIM APO 13.2011 If you have any questions regarding this proposal please contact me. Yours sincerely John Worley, SE Principal +wwruvaoum wxixnmxrx�memmoempw .xou�rneaoax+coxmx<n,cpm,rcwc ti mavoumvwoarxw or uccmicr� vunm w iwaxa oaxoocx Page 3 of 3 01 PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AGREEMENT is made and entered into as of this �Ith day ofAML-- 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California, 94108 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to have design and construction documents developed for a new City Hall and Park to be located at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Hall Building and Park with the existing library facility ("Project"). C. Both City and Consultant recognize that the Project is complex and will need to be completed in phases so that the City Council, committee members and the public will have input regarding the design and eventual construction of the Project. At this time, City desires to engage Consultant to provide professional services for the second phase of the Project, which consists of architectural and consultant services for the construction document phase of the Project. Both the City and Consultant recognize that this Agreement will need to be amended for additional phases of the Project which includes, but is not limited to, the preparation of schematic design, design development, a biddable set of construction documents, and support during the bidding and construction phases of the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Gregory R. Mottola, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 31 st day of December, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Nine Hundred Forty -Nine Thousand, Two Hundred Fourteen Dollars and no/100 ($4,949,214.00) without prior written authorization VA from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated STEVEN D. CHAITOW to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 3 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office and Public Works Department. DAVID A. KIFF and/or STEPHEN G. BADUM shall be the Project Administrators and shall have the authority to act for City under this Agreement. The Project Administrators shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its M profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, 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 in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. no D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. %'3 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 X Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be 10 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/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: 11 Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3311 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Stephen D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415-989-2100 Fax: 415-989-2101 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 12 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 07ICE OF E CITY ATTORNEY: 1A 1A) eo ie Mulvihill, Assistant City Attorney ATTEST: By, f , ; u' Leilani I. Brown, City Clerk Attachments ZPOWA,r CITY OF NEWPORT BEACH, A Municipal Corpor ' n By: Keith D. Curry, Mayor BOHLIN CYWINSKI JACKSON: jrj4 wry • • . .- W. Dan Haden, III., Vice President/Treasurer Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 B lwlin Cywinski teir C;: 8(,, . R er;art,J. ;;yr^ ..i;k:. =A A Jon Jackson.tAlA kir: Ha`nn Ili. AIR F: t k W Grau an, AIA W€Garr D Loosp. AIA crneiius.; Reed Ill. AIA Karl A Backus. AIA Gregory R Mo toia A A .,. Roxanne Sheroeck. A5-1 Ro'beri ..... r.11ile AIA Raymond S. Calaorn, AIA March 17, 2009 Mr. Stephen G. Badum Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Jackson / vi c m �AOPO-5AL y/ -/o Subject: Newport Beach City Hall and Park (BCJ Project #: 08519C) Proposal for Construction Document, Biddimg amd Gamotpuotiqi4 AdFRiHis49ti@R P e Services (Exhibit A, B & C to PSA) Dear Mr. Badum, We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach on the new City Hall and Park project. We look forward to building on the work completed with you during the Concept Refinement, Schematic and Design Development Phases. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Construction Document (CD), B' Phases. This proposal contains the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B) and our Billing Rates and Reimbursable Expenses Budget (Exhibit C) for the CD, Bidding and CA Phases. We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be of service to you in your efforts to create a new civic center for the City. The pages that follow this letter describe our proposal, work plan and preliminary project schedule based on our discussions over recent weeks. Sincerely, Gregory R. Mottola, AIA Principal cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file Architecture Planning Interior Design Wilkes -Bar re/Pittsburgh/Philadelphia/Seattle/San F:rancisco Steven Chaitow, AIA Senior Associate 49 Geary Street, Suite 300 San Francisco, California 94108-5729 415-989-2100/Fax: 415-989-2101 Boj)lir C;ywinski Jackson I�Gl:�v 2 08519C — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services: EXHIBIT A — Scope of Services A. Project Scope and Budget Our proposal is based on the following project scope, budget, schedule and process assumptions: 1. As of the date of this proposal, the Project is about to conclude the Design Development Phase. See BCJ's proposal dated April 7, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the Schematic and Design Development phases scope of work. Prior to these two phases BCJ completed Concept Refinement services. Please see BCJ's proposal for Concept Refinement services, dated the January, 5, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of this first phase of work. 2. Design Scope: The new City Hall and Park for Newport Beach project will consist of four major components. This project shall take the design concepts developed during the Concept Refinment, Schematic and Design Development Phases and continue to develop them in the subsequent phases. The Concept Refinement Phase design, scope and budget were approved by the city council on the 14`h of April, 2009. The Schematic Phase design, scope and budget were approved by the city council on the 24`h of November, 2009. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27`h of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision by the design team prior to receipt of DD approval. The four major components are as follows: a. A new two-story City Hall Building that will consist of approximately 100,000+/- square feet of building area. b. A three-story Parking Structure containing approximately 450 parking spaces. This garage has been designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design and Design Development phases. In the Construction Document and Construction phases a Design - Build Firm hired by the Program Manager will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. They will also be responsible for the construction of this garage. BCJ and its consultants will be reviewing the drawings and involved in the CA phase for conformance with design intent. c. Site development of approximately 17 acres that will integrate the library immediately to the south of the site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This includes the area to the south and west of the Library that was added in the Design Development Phase. d. A two-story addition to the existing Central Library located immediately to the south of the City Hall site. This addition will consist of approximately 15,000 square feet of building area. 3. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program and was refined, adjusted and approved as part of the Concept Refinement Phase. This program was refined during the Schematic Design Phase. A summary of these changes was provided in an email titled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 11`h of December, 2009, included here as Exhibit "D". This message included a summary of the changes that were approved by the City Council on the 24`h of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities Needs Assessment, a file from the 12`h of May, 2009 called "Alternative Work Space" and files from the 17`h of September, 2009 containing program comments for the One -Stop -Shop, the Building Department and the Planning Department. Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 3 In addition, the City provided some initial project information at the start of the Concept Refinement phase. This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and is included herewith by this reference. 4. Preliminary Project Budget: The Schematic Phase Project Information provided by the City of Newport Beach's Program Manager indicates the project budget to be in the range of $110+/- million construction costs for the project, excluding soft costs. This breaks down to approximately $61.5M+/- for the City Hall Building, $16M+/- for the Parking Structure, $18M+/- for the Park, $8M+/- for the Central Library Addition, and $6.5M+/- for the significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over San Miguel as an additive alternate. 5. This proposal anticipates that at the conclusion of the Design Development Phase, the City of Newport Beach will provide BCJ with direction and approval to proceed with a project scope, budget and schedule that are clearly defined. BCJ will then proceed with the Construction Documentation, Bidding and Construction Administration Phase services. If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon which this proposal and the attached Agreement are based, the Basic Services compensation shall be adjusted subject to mutual agreement by the City of Newport Beach and BCJ. B. Project Design Team 1. This proposal includes the following Basic Services team, including Architect and the following core Consultant Team: a. Architect Bohlin Cywinski Jackson (BCJ) b. Structural Engineering Arup North America LTD (Arup) c. Mechanical/Electrical/Fire Protection Engineers Arup North America LTD (Arup) d. Cost Estimating C.P. O'Halloran Associates, Inc. (O'Halloran) Other specialty consultants, such as the following, although not normally included in Basic Services scope, are also included as part of this proposal: e. Civil Engineer Arup North America LTD (Arup) f. Landscape Architect Peter Walker Partnership (PWP) g. Acoustical Design Charles M. Salter Associates (CSA) h. Audio Visual Systems Engineering Charles M. Salter Associates (CSA) i. Lighting and Daylighting Design Consultant Arup North America LTD (Arup) j. Telecom, Signal and Data Systems Consultant Arup North America LTD (Arup) k. Sustainability Arup North America (Arup) I. Security Systems Consultant TransTech Systems, Inc. (TransTech) m. Waterproofing Consultant Allana Buick & Bers, Inc. (ABB) n. Code Consultant The Fire Consultants (TFC) 3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with BCJ and its consultants: a. Program Manager b. LEED Document Coordinator c. Environmental Impact Report (EIR) Consultant d. Geotechnical Engineer e. Surveyor f. Traffic Consultant g. Commissioning Agent CW Driver (CWD) CW Driver (CWD) LSA Associates (LSA) Leighton & Associates (Leighton) Hall and Foreman (H&F) RBF Consulting (RBF) TBD Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 4 4. The following firms will be under direct contract with the Program Manager. The City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with the City, BCJ and its consultants: a. Design -Build Garage Firm TBD BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by - phase schedule as the Architect. BCJ services made necessary by delays or out -of -sequence actions, changes or requests made by the City of Newport Beach's staff or separate consultants or contractors shall be compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as part of Basic Services. Additional meetings, if required, shall be compensated as Additional Services, subject to the terms of the PSA. C. Project Delivery 1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to subcontractors under the management of a Construction Manager with two bid packages containing scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by a Design - Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. This same firm will then construct the garage. BCJ and its consultants will provide review of these drawings and the construction for compliance with design intent. If an alternate delivery method or changes to the scopes, quantity or schedule for bid packages are requested by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase is not included as part of Basic Services, and would be compensated as Additional Services if requested by the City. The budget for the Cost of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple separate parts of the project or for separate bid packages. Bid Pkq No. Bid Package Scope Bid Package Schedule 1. Mass Excavation Package March 17"', 2010 Final GMP Package including the At completion of Construction Documents balance of the Construction Documents. DB Pkq No. Package Scope by others Package Schedule 1. Garage Approximately at completion of Bid Pkg 2 75% CDs D. Project Schedule 1. The Basic Services scope and fee is based on the schedule that includes milestone phase submittal dates, the City of Newport Beach review and approval time frames as detailed in Exhibit B. Changes to this schedule will require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement. Boh lin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 5 2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant team meetings) included as part of Basic Services shall not exceed the quantity defined in the Exhibit B Work Plan. BCJ and Consultant attendance at additional meetings beyond the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses. Written authorization from the City of Newport Beach will be required prior to attendance at additional meetings, subject to the terms of the PSA. E. Construction Documents Scope of Basic Services 1. Upon written receipt of the City's approval of the Design Development Phase documents which includes approved site boundary, scope, schedule, budget and program, we will develop Construction Documents consisting of drawings and specifications. In addition to providing sections 2-33, BCJ and Consultants will aid the City in generation and review of select Division One specifications. 2. We propose three submissions of documents during this phase as follows: a. 50% CD Set — Includes A&E drawings and full specifications. This will be a pricing and review set. b. Permit Review Set CD Set — Includes A&E drawings and full specifications. Per our conversations, this set will serve as the set issued for permit review. This will be the final pricing and review set. c. 100% CD Bid and Permit Set — Includes A&E drawings and full specifications. This will be the final CD set. 3. The City's Program Manager will provide cost estimating services after the 50% CD and 75% CD Phase documents are issued. BCJ's cost estimator will prepare a parallel estimate for the 50% CD estimate set only. An estimate reconciliation meeting will be conducted after both estimates are completed. BCJ's cost estimator will be available for consultation on an hourly basis (with a not -to -exceed cap) beyond once the 50% CD estimate process is complete. 4. BCJ will attend design review and other coordination meetings with the City in accordance with the draft work plan in Exhibit B. 5. Study models, perspective sketches, or digital modeling may be prepared in-house by BCJ during the Construction Document Phase to assist in facilitating understanding in work sessions with the City and communicating the design concepts to the City's Building Committee. If provided, such models and sketches would be working tools and would not be intended to be suitable for presentation for fundraising or other similar presentation purposes. Finished models, special drawings, renderings, brochures or digital animations for presentation purposes, if requested by the City, can be provided as an optional additional service. 6. Final Construction Documents: BCJ shall provide one bond copy of the 50%, 75% and 100% CD sets to the City and the City's Construction Manager. BCJ will also post this information on the FTP site BCJ has established for communication with the City. 7. BCJ and its consultants will be providing review of the CD phase garage documents developed by the Design -Build firm. This scope will include review of two major 'milestone' sets, e.g. 50% and 75% CD for design intent. It also includes attendance at coordination meetings with the Design -Build firm indicated in the workplan attached as Exhibit 'B'. CJ's understanding that during this phase the City and their Construction Manager will beer �r sible for all bid i d rocurement and purchasing activities of this contract. Duringgi>�i BCJ will provide services that will suppor efforts: a. Interpret Construction Documents. Issue addendaq ired in an eight-week bidding period to clarify the b ntux is and/or answ.& e questions of bidders. Beyond this, if the City requests design or scope changes Boh lin Cywinski JacksonStephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 6 docum is that require significant revisions to the contract documents, these shall be incorpor d into an ad nda as an additional service. BCJ shall provide one bond copy of each addend r bulletins to th City and the City's Construction Manager. BCJ will also post this inform 'non the FTP site BCJ ha stablished for communication with the City. The City's Construct' Manager will then issue theniNQ the appropriate trade contractors. C. Substitution requests will t be permitted during the bid period and serv' s related to review of substitution requests during N bidding phase are not included in the ope of services. Such services, if requested by City we e addressed as an additional s ice. d. If so requested by City, BCJ shall asst in evaluating e. Permitting - BCJ will assist with Building Pe it ApKication and coordinate the submission of permit documents to the corresponding agenc f. BCJ shall provide clarifications and/or rections to rmit drawings and specifications as required in response to plan check mments from the \sha lding Department. g. It is understood that all req d Permit fees for the Projebe paid forby City. h. The City will provide J and consultants with any supporting infor ion required by the City's Building Depart nt for permit filing purposes (i.e. plot plan of existing nditions, utilities, existing tree survey, i s report, etc.). BCJ pKall schedule and attend (up to 2) pre -application meetings with the City'silding D artment prior to the actual Permit submission. The garage will be provided by the DB firm and will therefore have no bidding phase. D g the Construction Phase for the work described in this Proposal, which the Program Manager s estima to be a 104 week duration to final completion, BCJ will assist the City with administr n of the construction ntract for the work. These services, described below, begin with award of construction contract and vary ending on the stage of construction. As a constant, however, B will advise and consult with the City on the pro ss and quality of the construction work and, when auth zed, will represent the City, but only to the extent set for elow: 1. Meetings and Site Visits: BCJ ' isit the Project site duri onstruction to attend job meetings and to observe construction progress a. BCJ will walk through the Project site d ' construction as often as is appropriate, in the Architect's professional judgment, bu ith pr written approval of the City, to observe the Work in place at that time, to become ge ally familiar wit ' rogress and quality, and to determine whether it is in keeping with a intent of the Contract Do ents. This proposal has a total of 99 site visits, plus an addit' al three site visits for punchlist actio at the end of the project budgeted as part OJ asic services. Additional site visits beyond thi antity shall be considered as an addition ervice. b. Architect ' distribute Field Orders, if any, and a Field Report after each site visit. c. Ac pting or Testing Work: Although BCJ may observe and point out actual or potential pro ms uring site walk-throughs, these walk-throughs are not construction inspections or a guarantee th `lin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 7 there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction th does not conform to the Contract Documents, BCJ will recommend that the City not accept iiY d. Commur> cations: a. Interpre tions: During Construction, BCJ will, upon request of the City or the Co truction Manager, Ovide written or graphic interpretations and clarification of our Con ruction Documents. hese in will be consistent with BCJ's intent as ex sed in, or reasonably infe ble from our Construction Documents. /ders;and d the onstruction Manager will communicate ith BCJ in writing for any communicat t CJ's services. b. Bulletins: BCJ will us its Bulletin form to: 1) authorize ms in the Work (if there is no change in cost or time); BCJ will issue supplemental inif there is no change in cost or time) in response to the nstruction Manager's requrpretations and clarifications of our Construction Documen • 3) confirm Architect's fiend d) request estimates/proposals. c. Documentation: During constructio we will maintai ogs of: 1) Addenda to the Contract for Construction; 2) Bulletins; 3) Confirms ' ns of Fiel Orders; 4) Field Reports; 5) Meeting Notes; 6) Architectural Sketches; 7) Constructi Ma ger's Requests for Information; 8) Contractor's Submittals; and 9) Construction Manager's stitution Requests and make these available to the Project Team. Submittal Review: During Construction, B X will revie various samples, product data and shop drawings that the Construction Docume s require the C struction Manager to submit, to determine whether those items and the Trade C tractor's proposed thods of fabrication are consistent with BCJ's visual and aesthetic design ncept expressed in the C struction drawings and specifications. In advance of th onstruction work, the City will quire its Construction Manager to provide a Submittal Schedule utlining the Submittals for the Projec Work, for the City's and BCJ's approval. 6. BCJ will conduct a fiel eview of the Work in order to assist the Construc , n Manager with development of the P nch List and if necessary on follow-up field review, if p viously approved by the City, includin eview of the Construction Manager's punch list items, to co irm Substantial Completion. If CJ does not find the Work Substantially Complete, BCJ will notif he City. 7. BC/esubmittal de responses to BFI's, submittals, etc. that comply with industry standa s for timview time for submittals can be managed only if the Construction Manage rovides a coschedule at the beginning of the project so that BCJ can properly staff econdministration effort. 8. BCJ will provide review of submittals and provide on-site construction observation for adherence design intent for the parking garage. H. Environmentally Responsible Design Scope of Basic Services One of the goals of the Architect and its consultants is to design and document this project to be environmentally responsible. The City approves this goal subject to City approval of the measures proposed by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work. In addition, the City requires the Architect and its consultants to design and document the project with the goal of achieving US Green Building Council (USGBC) LEED certification. Formal application to and certification by the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In response, the City has agreed that the following consultants will be selected and retained to perform the tasks indicated, under contracts directly with either the City or the Program Manager: a. LEED is a measurement system designed by the US Green Building Council to define "green buildings". The process requires that the Architect and the Contractor each provide, for the LEED work that is their Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 8 responsibility, an individual who is responsible for tracking, compiling and organizing the information and letter template files that the USGBC uses to validate compliance with their rating system. In the outline below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager. b. In addition, the City has elected to have the Program manager serve as the LEED Documentation Coordinator for the project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program Manager's LEED Manager in assembling the electronic documentation required for submittal to USGBC for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the Architect's and Program Manager's compliance with LEED related requirements and procedures. c. A major component of LEED compliance is the proper operation of building systems and assemblies, so the process also involves an individual employed to develop a plan for managing the installation, operation, and maintenance of those systems. For compliance with LEED EA Prerequisite 1, this individual is required to be engaged early in the project so as to be involved in during both design and construction. In the outline below that individual is called the Commissioning Agent. The City is in the process of retaining a separate consultant as the Commissioning Agent for the project. The Commissioning Agent will be responsible for: 1) Developing and managing the detailed Commissioning Plan in accordance with the general performance requirements defined in a performance specification prepared by the Architect's MEP Consultant. 2) Ensuring that the systems and assemblies installed are operable and maintainable. 3) Ensuring that the design intent, installation and O&M requirements are thoroughly documented. 4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the facility per the design intent and facility requirements. LEED related services performed by the Architect and its Consultants, led by the Architect's LEED Manager, as part of Basic Services shall be as follows: a. Construction Documents Phase: 1) Develop Division One specification sections with input from the Owner, the LEED Documentation Coordinator, the Contractor's LEED Manager and the Commissioning Agent: a) Overall LEED Requirements of the Project. b) Review Construction Waste Management Plan and Indoor Air Quality Plan developed by the Program Manager's LEED Manager and Commissioning Agent. c) Coordinate with commissioning requirements developed by the Commissioning Agent. d) Coordinate refinement of LEED documentation requirements with LEED Documentation Coordinator. 2) Develop Divisions 2-33 specification sections to include submittal requirements for LEED documentation items, which will be collected, reviewed, organized and assembled by the Contractor's LEED Manager, the Commissioning Agent or the LEED Documentation Coordinator for submittal to the USGBC. 3) Complete letter templates for design phases LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted design -related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each design -related LEED point. 4) Coordination of the LEED-related construction costs with the Owner's budget for the Cost of the Work. b. Construction Administration Phase: 1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions regarding the construction documents requirements related to construction phase LEED issues: 2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of submittals regarding format and completeness of documentation to support USGCB certification will be by the LEED Documentation Coordinator and the Contractor's LEED Manager. U -SM M011 Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 9 3) Review construction documents requirements related to LEED related issues at Project Meetings. 4) Complete letter templates for construction phase LEED points that require the Architect's or Engineering Consultant's signature utilizing letter template formats provided by the LEED Documentation Coordinator. The Construction Documents shall state that the Contractor's LEED Manager shall be responsible for reviewing, coordinating and tracking LEED requirements with the Contractor and/or their subcontractors regarding template, information/documentation or submittal issues including the following: 1) Coordinate with the LEED Documentation Coordinator on the tracking and status of compliance with LEED checklist points and the status of LEED related information, documentation and submittals required to support LEED construction -related points. 2) Complete letter templates for construction -related LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted construction -related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, submittals, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each construction -related LEED point. 3) Review construction -related submittals for format and completeness relative to LEED documentation requirements for construction -related points. 4) Report on the status of LEED templates, information/documentation and submittals status to support LEED construction -related point at construction phase job meetings. 5) Collect, review and assemble final LEED submittals provided by the Contractor and Subcontractors for construction -related points for submittal to USGBC. 6) Correspond with USGBC for point and supporting documentation requirements clarifications. 3. LEED-Related Notes and Clarifications a. The initial review of mechanical and electrical system alternatives includes opinions on the relative merits of various alternatives. This information will be of a general nature and will not be based on detailed calculations and analyses. Such detailed calculations and analyses, if requested by the City, shall be compensated as Additional Services. 1) The Architect's MEP Consultant will investigate mechanical and electrical system options for the project. Order of magnitude life cycle cost analysis calculations to confirm relative comparisons of systems options will be provided as described in Arup's Sustainability Proposal, but formal analysis is not included as part of Basic Services. 2) The Architect's MEP Consultant will verify the "energy performance" LEED points via calculation based on final systems selections with computer modeling of the energy use of the proposed building including comparison runs of building envelope, fenestration, shading, HVAC system type, and other variables. This scope includes a maximum of 6 independent computer runs once the basic geometry of the building has been entered. Final simulation will include a comparison of a budget (ASHRAE 90.1 compliant) building to the proposed building. Final simulation report to be provided at Schematic Design and end of Construction Documents phases (total of 2). 3) Daylighting and Lighting Control Modeling: Computer modeling of natural lighting schemes including orientation, shading, glass type, reflectance geometry, and artificial lighting controls. Incorporation of these results into the energy model. All other services related to calculations, special analyses, constructability analyses, life cycle costing, energy analysis studies, environmental impact reports, analysis of owning, operating and maintenance costs, special research, cost estimates or reports related to validating green building design alternatives are not included as part of Basic Services. b. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order to satisfy USGBC requirements for additional information such as calculations or modeling. All services related to responding to any comments or requests by the USGBC for additional information on individual Bohli C Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 10 LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic Services. c. All services required if the City elects to appeal any credit denied in the Final LEED Review are not included as part of Basic Services. d. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's LEED Manager or the Commissioning Agent are not included as part of Basic Services. e. All LEED related meetings are assumed to be part of the typical project meetings. If the City requests separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic Services, such meetings are to be compensated as Additional Services. f. All LEED related registration, application, appeal and other fees are not included as part of Basic Services and would be addressed as reimbursable expenses. 5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services shall be subject to the following limitations: a. The duration of the Commissioning Agent's specified scope of services shall include the entire construction period and a period of one year following Substantial Completion of the Project. For the duration of their services through Final Completion, the Commissioning Agent shall be the Program Manager's and City's point of contact for providing consultation and assistance as to any Work not performing as expected or that is discovered to be defective, and particularly in connection with the utilization of any equipment or system such as initial start-up and testing, adjusting and balancing, and maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program Manager to the City's satisfaction. I. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as a Contract Amendment Six / Exhibit A into the City of Newport Beach's Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our fee as a time and expense not -to -exceed fee, to be invoiced monthly based on hours spent completing the above described scope of work completed. Invoices for this work shall be in the same format as those used in the Concept Refinement, Schematic and Design Development Phases. 2. Substantial revisions to the building program and/or documents after completion of the phase and the City of Newport Beach's approval of the Design Development Phase, will be considered as an additional service. 3. If the City of Newport Beach or its Construction Manager causes the duration of the CD, Bidding or CA phases of work to substantially exceed what is specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule. 4. In order to achieve project schedule goals, the Construction Documents Phase will commence prior to the final approval of the Design Development Phase. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27`h of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision prior to receipt of DD approval. 5. A fixed number of meetings are identified for this phase of the work. This proposal assumes that the attendees at these meetings are limited to the City's Project Manager and designated City Staff representatives and/or members of the Building Committee who can act on behalf of the various departments within the City Government, and the City's Program Manager. It does not include extensive meetings with City Staff and others beyond those outlined in Exhibit B. If the number of meetings for the phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 11 6. Special presentation -style booklets, models, perspectives or renderings beyond those described above are not included as part of these services beyond BCJ's in-house design materials normally produced to convey design intent. Special Professional Renderings and/or Presentation Models, Animations, etc., beyond those described above can be provided as an additional service. 7. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City require the addition of any other specialty consultants, they can be provided as an additional service. 8. Furniture Design is not included in this proposal, however conceptual furniture plan layouts will be utilized in the Construction Documents Phase as part of the design of the building to verify functionality of spaces. 9. The survey or relocation of existing office equipment or furniture is not included as part of these services. 10. Services relative to future facilities, systems and equipment are not included as part of Basic Services. 11. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location planning purposes only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 12. Architectural survey of the existing buildings: We assume that the existing information on adjacent buildings is complete, available and deemed reliable for our use. 13. Land or property boundary survey is provided by the City is deemed reliable and accurate for our use. 14. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any error, omission or inconsistency in such services or information. 15. Services related to value engineering includes reviews with the City and Program Manager of relative cost information on scope, design and constructability alternatives on a continuous or "rolling" basis, proceeding from general to more detailed issues, as alternatives are evaluated and decisions are made during the Construction Documents, Bidding and Construction Administration Phases are not included in this proposal. All cost estimating services required related to the value engineering process will be provided by the Program Manager. All value engineering services after City approval of the Design Development Phase and all other services related to value engineering are not included as part of Basic Services other than the Architect's and the Architect's consultants' services required to comply with the City's budget for the Cost of the Work. 16. Documents shall be prepared according to BCJ office standards for construction documentation, which are in compliance with the industry standard of care, and where applicable, the City of Newport Beach Public Works Department's City Standards 'Design Criteria'. 17. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 18. BCJ will assist the City with Permit Applications through the City's Building Department. BCJ's assistance does not include payment of fees, tracking and reporting of permit status, preparation of special research studies, alternate designs, variances, special tests or documentation, surveys, or environmental studies and submissions, beyond those described herein, which services, if required by BCJ, will be considered as an additional service. 19. All services related to special studies, including constructability analyses, life cycle costing, energy analysis studies, environmental impact reports and analysis of owning, operating and maintenance costs are not included as part of Basic Services except as required by standard requirements to obtain approvals/ permits from regulatory agencies and as required by services related to green building design as defined herein. Services related to performance-based criteria studies and analyses to obtain approvals/ permits from Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 12 regulatory agencies or establish energy equivalence for non -conforming buildings are not included as part of Basic Services and would be addressed as Additional Services if required. 20. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California Edison's 'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that the City's Program Manager will submit required information for any Grant, Energy or other similar Programs. 21. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject will be included in City's agreement with the Contractor stating that if the Architect is required to provide drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses associated with providing the electronic files at the rate of $100 per sheet. 22. The Architect and some consultants will, at their sole discretion, elect to produce some or all of the construction documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized solely as an internal architect -consultant team tool. The model may be provided to the Program Manager solely as a convenience, after a CADD transfer agreement has been signed. The Program Manager may not distribute the BIM model to other subcontractors. The City and Program Manager acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction documents shall be traditional two-dimensional drawings and shall be the official, binding documents for the project. The issues related to the use of BIM will be reviewed with the City upon request. 23. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant Proposals and attached to this proposal as Exhibit A - Appendix. END OF EXHIBIT A El o h l i Cywlnski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 13 EXHIBIT B — Project Schedule / Work Plan: A. Project Schedule and Concept Refinement Phase Work Plan: Our proposal is based upon the following general overall project schedule as discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4/14/09 City Phase Approval: 4/14/09 Schematic Design Phase: 4/15/09 — 8/14/09 City Phase Approval: 8/14/09 — 9/14/09 Design Development Phase: 9/15/09 — 2/18/10 City Phase Approval: 2/18/10 — 3/18/10 Bidding Package 1 — Mass Excavation 100% CD 1/29/10 — 10/17/11 Upcoming: Bidding Package 1 — Mass Excavation Bid Set 3/17/10 Package 1 — Construction 4/28/10 — 9/30/10 Bidding Package 2 CD Phase: 3/19/10 — 11/04/10 Bid Pkg 2 Final City Review Comments: 9/02/10 — 9/30/10 DB Garage Package CD Phase 6/1/10 — 9/15/10 DB Garage Package — Construction 10/18/10 — 10/17/11 Bidding Package 2 — Balance of Docs 11/08/10 Package 2 Construction 01/01/11 — 10/31/12 Based on the our current understanding of the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City of Newport Beach, this schedule will allow for construction to commence in January of 2011. A detailed draft work plan for the Construction Documents Phase is included below and defines the quantity and frequency of project meetings for each phase. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 14 Newport Beach City Hall Exhibit B - Constructions Documents Draft Work Plan 05 Mar 10 edit Week Week of Date Mtg # Events 1 22 -Mar -10 25 -Mar -10 Weekly project progress conference call with city representatives (2:00 p.m.) 2 29 -Mar -10 01 -Apr -10 100% 00 Estimates Due 01 -Apr -10 Weekly project progress conference call with city representatives (2:00 p.m.) 3 05 -Apr -10 07+08 -Apr -10 1 100% DD Estimate Reconciliation Meeting 100% DD Estimate Reconciliation Meeting Hardware Meeting incl gen assumptions, keying, operations assumptions Library Update Discussion of Council Chamber mock-up 09 -Apr -10 Commissioning Agent Interviews - Tentative Date .:: w 4 12 -Apr -10 15 -Apr -10 Weekly project progress conference call with city representatives (2:00 p.m.) 5 19 -Apr -10 22 -Apr -10 Completion of 100% DD Cost Reductions Studies 22 -Apr -10 Weekly project progress conference call with city representatives (2:00 p.m.) 6 26 -Apr -10 27 -Apr -10 City Approval of Design Development Phase 28+29 -Apr -10 2 Design Session 1 - Building and Site Refinement Architectural update meeting Sustainability meeting 1 Mechanical meeting 1 Plumbing meeting 1 Landscape meeting Civil meeting 1 Summary review with Design Committee Summary review with Building Committee' Next steps 7 03 -May -10 06 -May -10 Weekly project progress conference call with city representatives (2:00 p.m.) 8 10 -May -10 13 -May -10 Weekly project progress conference call with city representatives (2:00 p.m.) o h l i n Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 15 9 17 -May -10 19+20 -May -10 3 Design Session 2 - Technical Review Architectural update meeting Garage - Design Build kick off coordination Electrical meeting 1 Lighting meeting 1 Telecomm meeting 1 Landscape meeting AV meeting 1 Security meeting 1 Next steps Elect/Landscape/Telecom/AV/Security work session (design team) 10 24 -May -10 27 -May -10 Weekly project progress conference call with city representatives (2:00 p.m.) 11 31 -May -10': 03 -Jun -10 Weekly project progress conference call with city representatives (2:00 p.m.) 12 07 -Jun -10 10 -Jun -10 Weekly project progress conference Cali with city representatives (2:00 p.m.) 13 14 -Jun -10 16+17 -Jun -10 4 Design Session 3 - Building + Site Refinement Architectural update meeting Library meeting Coordination meetings with DB Garage Firm Sustainability meeting 1 Users meeting 1 Code meeting 1 Landscape meeting Hardware meeting 1 Review of Council Chamber mock-up Next steps 14 21 -Jun -10 24 -Jun -10 Weekly project progress conference call with city representatives (2:00 p.m.) 15 28 -Jun -10 01 -Jul -10 Issue 50% Phase 2 Construction Documents 01 -Jul -10 Weekly project progress conference call with city representatives (2:00 p.m.) 16 05 -Jul -10 07+08 -Jul -10 5 Design Session 4 - Review of 50% CD Drawings Architectural update meeting Cost meeting re: 50% CD set Coordination meetings with DB Garage Firm Civil meeting 2 Securtiy meeting 2 Landscape Update meeting Next steps 17 12 -Jul -10 15 -Jul -10 Weekly project progress conference call with city representatives (2:00 p.m.) 18 19 -Jul -10 22 -Jul -10 Weekly project progress conference call with city representatives (2:00 p.m.) 19 26 -Jul -10 29 -Jul -10 50% CO Estimates Issued Weekly project progress conference call with city representatives (2:00 p.m.) hli Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 16 20 02-Au9-10 05 -Aug -10 Weekly project progress conference call with city representatives (2:00 p.m.) 21 09 -Aug -10 11+12 -Aug -10 6 Design Session 5 - Building + Site Refinements Architectural update meeting Coordination meetings with DB Garage Firm Acoustic meeting 1 Mechanical meeting 2 Sustainability meeting 2 Landscape meeting V.E. discussions Users meetings 2 Surnmary review with Design Committee Summary review with Building Committee Next steps 22 16 -Rug -10 19 -Aug -10 Weekly project progress conference call with city representatives (2:00 p.m.) 23 23 -Aug -10 26 -Aug -10 Weekly project progress conference call with city representatives (2:00 p.m.) 24 30 -Aug -10 02 -Sep -10 Issue 75% Phase 2 Construction Documents 02 -Sep -10 Weekly project progress conference call with city representatives (2:00 p.m.) 25 06 -Sep -10 08+09 -Sep -10 7 Design Session 6 - Review of 75% CD Drawings Architectural update meeting Coordination meetings with DB Garage Firm Cost meeting re: 75% CD set Meeting w Building Department re: Permit Review Library meeting Code meeting 2 Hardware meeting 2 Landscape meeting Next steps 26 13 -Sep -10 16 -Sep -10 Weekly project progress conference call with city representatives (2:00 p.m.) 27 20 -Sep -10 23 -Sep -10 Weekly project progress conference call with city representatives (2:00 p.m.) 28 27 -Sep -10 27 -Sep -10 Comments Returned on Phase 2 75% CD Set 29+30 -Sep -10 8 Design Session 7 - Technical Review Architectural update meeting Coordination meetings with DB Garage Firm Meeting w Building Department re: Permit Review Electrical meeting 2 Lighting meeting 2 Landscape meeting Telecom meeting 2 AV meeting 2 Security meeting 3 h l i n Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 17 29 04 -Oct -10 07 -Oct -10 Weekly project progress conference call with city representatives (200 p.m.) 30 11 -Oct -10 14 -Oct -10 Weekly project progress conference call with city representatives (2:00 p.m.) 31 18 -Oct -10 20+21 -Oct -10 9 Design Session 8 - Building and Site Refinements Architectural update meeting Coordination meetings with DB Garage Firm Plumbing meeting 2 Structural meeting 2 Landscape meeting Civil meeting 3 Library meeting Next steps 32 25 -Oct -10 26 -Oct -10 Weekly project progress conference call with city representatives (2:00 p.m.) 33 01 -Nov -10 04 -Nov -10 Issue Phase 2 100% Construction Documents Weekly project progress conference call with city representatives (2:00 p.m.) Night -before arrival 9:00 am - 5:00 pm meetings first day 9:00 am - 3:00 pm meetings second day END OF EXHIBIT B Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 18 EXHIBIT C - Schedule of Hourly Rates/Fees: A. Schedule of Effective Hourly Rates The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's team. These rates are subject to annual updates according to each firm's compensation policies as mutually agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly rates. 1 Discipline — Architecture Bohlin Cywinski Jackson Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff II $ 85 Staff I11 $ 65 Office $ 75 Disciplines - Structural Engineering, M/E/P/FP, Civil, Sustainability, Telecomm, Lighting Arup North America LTD Principal $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineer $130 Graduate Engineer $110 Senior Drafter $120 Drafter $110 Clerical $ 85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architects P. Walker, Director $410 D. Findlay, Director $305 Partner $190 Associate $125 Landscape Architect $110 Staff $ 65 Archivist/Librarian $150 4 Discipline - Cost Estimating C.P. O'Halloran Associates, Inc. Principal $185 Associate $125 Senior Estimator $115 Assistant Estimator $ 95 hn Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 19 5 Discipline — Building Code Consulting The Fire Consultants Principal $190 6 Discipline - Waterproofing Consulting Alana Buick & Bers, Inc. Senior Principal $350 Associate/Principal $225 Consultant III $160 Consultant II $145 Administrative $ 70 7 Disciplines - Audiovisual and Acoustical Charles M Salter Associates, Inc. President $250 Sr. Vice -President $250 Vice -President $230 Director $230 Principal Consultant $190 Senior Consultant $145 Consultant $125 Technical Assistant $ 90 8 Discipline — Security Systems Consulting TransTech Systems, Inc. Principal $175 Engineer $145 CADD $ 95 Administration $ 75 Based on the above-described scope of work, budget and schedule and the Agreement terms and conditions, we request a professional services Hourly -not -to -exceed fee as detailed on the following sheets a � m M o N r � r N N 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 O � N OOOo 000000 oD V N [O O (p N m O O N N N y w� ao Na v - N t M N U' 2 w N M o U w tD O U TM O� N N V of O O OM O m in M O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O eA 0 0 0 0 0 0 0 0 0 0 ........ O O W e9 ---------- M O � N � O Q Q V O O O O rYpP� yqA�� N N V l0 M N O Nt0 (O of O 'C 0 0 0 0 0 0(00 N M � O O M V ? M N N Nl0 M� OM c0, (OO NOO N G OwN M N tp N N O O O O O O O O O O ........ Oy -TM' (O N Ov NM O O t9 M t0 O � O m N N O N N O O N N O O O O N N O O V �O c0 N NO N t0 V v m m N o M 1p N r M N V O A M M N m M A .... W ........ M U i m t 9 1 A M W NW t 9 t A I n Hf M Ui M W YI (0 N N N N N N a C w N m a C w tea IL w w N LL C 0_ C w m C C w N H c mmiaw v°'o c Emmiaw��� E mmmw��a �' rmmiaw a`'o r mmioW woo yo - O W j O tO C _ -UU W'U W N LL F- u - C vOi vOi ._ _ _ ,K .0 W U O C N O .0 _ .�c o —y ._ WcmWmmW ` m,rn`wmw>2 v>a`a ¢`nw 0 w o U(n �a¢<w (DwO � �a`Q¢ vo w` C9 cn oU 5 oa`¢¢u) C9 In oUo Ua`¢Q�n wC9 �n o 0 c>¢ w� ap N_a m u _ iT LL N Q U O O O N O N N D V O O O O O O q � p H H H .bYry{f M H V O N H M M N H H H 0 0 0 0 O O 5. -S'E O a OH q O O O -ss O O O O O O O O H fl{QP- H H 0 0 0 0 O O OH 0 0 0 O H 0 0 0 0 * O O 0 0 0 0 OH 77 0- .0a O O O000 0 O O O O O O N N MH H O O 0 0 0 a O -E"E O O O 73 O O O O 77 H O O O O O ... OO O OH .... 000 O O O 0 0 0 0 O O O O O O OH H H H H O O H N N h M H H l00 N H OH� f� p O O O O OH Eta p H O O O O O H O tpO O EM 77 � a0 N M T H H H H H M N 0 0 0 O OH Q -E'5 O O O O O O O O OH O O O O O O O O O O O O O O 0 0 0 0 OH O O O O O O O O O O O O O OH H H H O H M N H H O o O -EE OH dryj� 'SHF[/' O OH O O O O O O OHMomovip O O N N N O V O N W 77—.757-5 N O O N- V d O 0 O LL � M r N M _C H H H H A O m O O O O iO N m N N� O� ^ V TIS N VNm N N m V N � HH H N� HH H N N •- � �-H W O H H H H LL U � m � LL LL C N _ O U D° U U C CIOI LL N w 0 8 E E 000 w an t c E EW W- v'N o`c°J y �C aLLoaC ✓ .¢in JJ C'° C y C NVI ] U C O C E O 22 0 o` UaU Un.a WI< 0 uiawU¢ N ¢a>a WL) Q Qa`>a` in Uri ¢ Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 25 EXHIBIT C Project Name: Project No. Date: NEWPORT BEACH CIVIC CTR + PARK - CD -B -CA Phases 108519C 03/05/2010 INITIAL REIMBURSABLE EXPENSES ESTIMATE (SEE NOTE 1) ATTACHMENT (to proposal) Item No. Description Amount / No. of Days Total Remarks Person / Miles BCJ Travel Expenses per 2 -Day Trip Transportation tolfrom airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 3 $66.00 2 Cab fare / car rental $75.00 2 $150.00 3 Food $75.00 2 $150.00 4 Hotel per night 5240.00 2 $480.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $1,436.00 BCJ Travel Expenses per 1 -Day Trip Transportation to/from airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 2 $44.00 2 Cab fare / car rental $75.00 1 $75.00 3 Food $75.00 1 $75.00 4 Hotel per night 5240.00 1 $240.00 5 Plane Fare (see Note 1) 5500.00 1 $500.00 Total per person per one day trip $1,024.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE P CD -Bidding -CA PHASES People X No. of Trips CD 9 2 -day trips; 4 people/trip $1,436.00 36 $51,696.00 CD 1 1 -day trips; 3 people/trip 51,024.00 3 $3,072.00 Additional Trips (If Required) People X No. of Trips All Expenses are Additional Services NIC NIC NIC BCJ ESTIMATED TOTAL FOR TRAVEL/LODGINGIMEALS (SEE NOTE 2) BCJ TOTAL INITIAL REIMBURSABLE EXPENSES $150,000.00 ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONEIFAX, MAIL (REGULAR AND EXPRESS), PHOTOS/PRINTS PER BCJ PROPOSAL PWP Landscape Architects TOTAL INITIAL $99 626 REIMBURSABLE EXPENSES ESTIMATE 6$rIf$Z Arup MEP/Structural/Civil/Lighting TOTAL INITIAL $70,000.00 REIMBURSABLE EXPENSES ESTIMATE Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 26 Note 1:Reimbursable expenses include the following: - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephonelfax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photos/prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non-refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ and/or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and/or Consultants meetings/presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to -exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT C G.P. O'Halloran Assoc. TOTAL INITIAL REIMBURSABLE $0.00 EXPENSES ESTIMATE The Fire Consultants TOTAL INITIAL REIMBURSABLE $1,500.00 EXPENSES ESTIMATE Charles Salter & Associates - Acoustical Consulting $4,000.00 Charles Salter & Associates - Audio Visual Systems $5,000.00 Allana Buick Berrs - Waterproofing Consultant $12,300.00 Transtech Systems - Security Consultant $1,950.00 TOTAL DESIGN PROFESSIONAL TEAM INITIAL REIMBURSABLE EXPENSES ESTIMATE (see Note 3) 365, A7G Note 1:Reimbursable expenses include the following: - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephonelfax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photos/prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non-refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ and/or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and/or Consultants meetings/presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to -exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT C CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05/25/2010 Dept./Contact Received From: Date Completed: 05/26/2010 Sent to: Shauna Oyler Company/Person required to have certificate: Bohlin C, II GENERAL LIABILITY Shauna Oyler By: Michelle Ross iinski Jackson PC A. INSURANCE COMPANY: Travelers Indemnity Co. B. AM BEST RATING (A-: VII or greater): "A+"(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $10,000,000 Umb. E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: St. Paul Fire & Marine Ins. Co. B. AM BEST RATING (A-: VII or greater) "A+"(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min f W H I ❑ No or aste auers). $1,000,000 plus What is limits provided? $10,000,000 Umbrella E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Casualty Ins. Co. of America B. AM BEST RATING (A-: VII or greater): "A+"(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED` WC) Waiver of Subrogation is missing n ,, , Approved: V" Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date ❑ Yes ® No CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT' / 0 'HE CRY COUNCIL CRY OF NEWPORT BEACH � 1 0 4 201n Agenda6z�Np, ,P J November 9, 201 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum(a)newportbeachca.gov 949 - 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR CONSTRUCTION SUPPORT -_ Z-/[: ISSUE Construction support services are needed for the construction of the Civic Center, including the City Hall office building, library addition, parking structure and park, to provide clarification and to ensure compliance with the project plans and specifications. RECOMMENDATIONS 1) Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for the architectural design services including Construction Support at a not to exceed price of $3,935,112 and authorize the Mayor and City Clerk to execute the Agreement. 2) Approve Budget Amendment No. 11BA- appropriating $3,935,112 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410- C1002009. DISCUSSION On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the architect for the Newport Beach Civic Center Project. Since that selection, BCJ has successfully completed the Conceptual Design, Schematic Design, Design Development, and Construction Document phases of the Civic Center project. The project plans are now complete and a Building Permit is anticipated to be issued by November 4, 2010. C.W. Driver has pre - qualified potential bidders and is currently preparing bid packages for the various trades. During the bidding process and subsequent construction, bidding and construction support will be required to ensure quality and compliance to the projects plans and specifications . The proposed work scope is based upon an eight week bidding process and a 20 month construction schedule and will provide support services on an as needed basis. The work scope includes: Newport Beach Civic Center F :t — Approval of Professional Services Agreement � 3ohlin Cywinski Jackson for Architectural Design Servi,rs — Construction Documents and Support November 9, 2010 Page 2 Bid Process Support • Interpretation of construction drawings and specifications • Issuance of addenda during bidding process to clarify bid documents • Respond to bidder's questions • Coordination with Building Plan check and additional permitting, if required Construction support • Interpretation of construction drawings and specifications. • Meetings and site visits. • Responding to requests for information (RFI) during construction. • Review of materials submittals and construction mock -ups. • Field review of constructed work for design intent and assist the City with plan and specifications compliance. • Coordination with the City's LEED Documentation Coordinator and LEED Commissioning Agent. The project schedule anticipates the continuation of weekly coordination meetings with staff and periodic site visits. A more detailed work scope and tentative schedule is included in Exhibit B within the attached Professional Services Agreement (PSA). The proposed fee for the Bidding and Construction Support services including listed subconsultants and anticipated reimbursable expenditures is at a total 'not to exceed' cost of $3,935,112. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit C of the attached PSA, which are the same as the billing rates in the current contract (2009 rates). Proiect Schedule & Phase Work Plan This schedule has the following milestone phases: Completed Concept Refinement Phase: 1/15/09 — 4/14/09 Schematic Design Phase: 4/15/09 — 9/14/09 Design Development Phase: 9/15/09 — 3/18/10 Mass Excavation & Shoring Wall 100% Construction Documents: 1/29/10 Ongoing Mass Excavation & Shoring Wall Construction: 4/28/10 — 2/14/11 Parking Structure — Construction Documents: 3/19/10 — 12/02/10 City Hall, Library, and Park Construction Documents: 3/19/10 — 11/04/10 Upcoming Newport Beach Civic Center Project — Ap, .val of Professional Services Agreement with Bohlin ,vinski Jackson for Architectural Design Services — Construction Documents and Support November 9, 2010 Page 3 Parking Structure - Construction 2/14/11 - 11/01/11 City Hall, Library Addition, & Park construction: 01/12/11 - 10/12/12 Move in: December 2012 ENVIRONMENTAL REVIEW Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. FUNDING AVAILABILITY CIVIC CENTER DESIGN /CONSTRUCTION COSTS TO DATE WITH BCJ Design Competition $50,000 Pre-Design Phase: Refining Conceptual Design $647,675 Schematic Design and Design Development $4,945,426 Construction Documents $4,849,214 Design Subtotal = $10,492,315 % of estimated construction value = 10% Construction Sup ort for Gradin $100,000 Bid & Construction Support 32 months $3,935,112 Total $14,527,427 With this final phase, the City will have encumbered approximately $14.5 million in design and construction support costs with BCJ. The total encumbered for the design of the project will be $10,492,315 or 10% of the estimated value of construction. The 10% of construction cost value is consistent with industry standards for projects of this magnitude and high levels of public involvement. The total cost of Architectural construction support totals $4,035,112 or approximately 3.8% of the estimated value of construction. With the approval of the recommended Budget Amendment in the amount of $3,935,112, sufficient funds are available in the following account: Account Description Newport Beach Civic Center Submitted by: 41-G. Badum Works Director Account Number Amount 7410- C1002009 $ 3,935,112.00 Attachments: PSA with BCJ, including work scope, schedule and fee exhibits Budget Amendment Based upon Early Schematic const. estimate, $105 million PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE THREE THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement") is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant') and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to have design and construction documents developed for a new Civic Center and Park to be located at the 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Civic Center Building and Park with the existing library facility ( "Project'). C. Both City and Consultant recognize that the Project is complex and will need to be completed in phases so that the City Council, committee members and the public will have input regarding the design and eventual construction of the Project. At this time, City desires to engage Consultant to provide professional services for the third phase of the Project, which consists of architectural and consultant services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA of the Project. Both the City and Consultant recognize that this Agreement will need to be amended for additional phases of the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Gregory R. Mottola, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on December 31. 2011 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. �Ki lu1J�69,r�CU�iriZK�]�byIJ��1►yI City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Million, Nine Hundred Thirty -Five Thousand, One Hundred Twelve Dollars and no /100 ($3,935,112.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. Professional Services Agreement Page 2 Z 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steven D. Chaitow to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Professional Services Agreement Page 3 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office and Public Works Department. David A Kiff as City Manager and /or Stephen G. Badum as Public Works Director shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8.1 All of the 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. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. Professional Services Agreement Page 4 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. Professional Services Agreement Page 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Professional Services Agreement Page 6 C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Professional Services Agreement Page 7 Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. Professional Services Agreement Page 8 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. Professional Services Agreement Page 9 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 21. 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 and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine; audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant 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 /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. 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 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The 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 any Professional Services Agreement Page 10 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. 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 immediate 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. 26. NOTICES All notices, demands; requests or approvals to be given under the terms of 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: Attn: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 -644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Stephen D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415- 989 -2100 Fax: 415- 989 -2101 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure Professional Services Agreement Page 11 the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including_ federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. KWIIIIIIIIIIIIIIIIn04ad,00:111rArr r; The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the Professional Services Agreement Page 12 authorship of the Agreement or any other rule of construction which might otherwise apply. k — AkhL:illlwylg►l This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap; ancestry, sex or age. Professional Services Agreement Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A California municipal corporation B : �0�2�1� By: Lennie Mulvihill Assistant City Attorney 1 `� ATTEST: Keith D. Curry, Mayor CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation By: By: Leilani I. Brown Gregory R. Mottola City Clerk Vice President W. Dan Haden, III. Vice President/Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 14 Bohlin Cywinski Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid III, AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 27 October 2010 Mr. Stephen G. Badum Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Jackson Subject: Newport Beach City Hall and Park (BCJ Project #: 08519D) Proposal for Bidding and Construction Administration Phase Services less Mass Excavation CA (Exhibits A, B. C and D to PSA) Dear Mr. Badum, We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach on the new City Hall and Park project. We look forward to building on the work completed with you during the Concept Refinement, Schematic, Design Development and Construction Document Phases. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Bidding and Construction Administration (CA) Phases less Mass Excavation CA. This proposal contains the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B), our Billing Rates, Fee Proposal and Reimbursable Expenses Budget (Exhibit C) and Consultants' Proposals (Exhibit D) for the Bidding and CA Phases. We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be of service to you in your efforts to create a new civic center for the City. Sincerely, j Gregory R. Mottola, AIA Principal cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file Architecture Planning Interior Design Wilkes- Barre /Pittsburgh /Philadelphia /Seattle /San Francisco i Steven Chaitow, AIA Senior Associate 49 Geary Street, Suite 300 San Francisco, California 94108 -5729 415-989-2100/Fax: 415-989-2101 Bohlin Cywinski Jackson Peter D. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank Grauman, AIA William D. Loose, AIA Cornelius J. Reid III, AIA Karl Backus, AIA Gregory R. Motlola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 08519D — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services: EXHIBIT A — Scope of Services A. Project Scope and Budget Our proposal is based on the following project scope, budget, schedule and process assumptions: As of the date of this proposal, the Project is about to conclude the Construction Document (CD) Phase for the main portion of the project, as well as Construction Administration (CA) for the Mass Excavation portion of the project. See BCJ's proposal dated 17'" of March, 2010, included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of work included with CDs and Mass Excavation CA. Prior to this work BCJ completed the Design Development and Schematic Design Phases and Concept Refinement services. Please see BCJ's proposals for the Schematic and Design Phases, dated the 71" of April, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A and Concept Refinement services, dated the 5'h of January, 2009, also included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of these earlier phases of work. 2. Project Scope: The new City Hall and Park for Newport Beach project will consist of four major components as described below. This project shall take the design developed and documented during the Concept Refinement, Schematic, Design Development and Construction Phases and provide for the implementation of this design through the bidding and construction administration phases. The Concept Refinement Phase design, scope and budget were approved by the city council on the 14�h of April, 2009. The Schematic Phase design, scope and budget were approved by the city council on the 24'h of November, 2009. The Design Development Phase design, scope and budget were approved by the city council on the 27th of April, 2010. The City does not have a separate approval for the Construction Document phase. The City Council is scheduled to approve the project's GMP in the early part of January, 2011. The four major components are as follows: a. A new two -story City Hall Building that will consist of approximately 100,000 + /- square feet of building area. b. A three -story Parking Structure containing approximately 450 parking spaces. This garage has been designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design and Design Development phases. On the behalf of the City, the Program Manager hired the design - build firm Bonnet Construction to provide Construction Document and Construction phase services. This firm is on the process of taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. They will also be responsible for the construction of this garage. BCJ Architecture Planning Interior Design 49 Geary Street, Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 -5729 415- 989 - 2100 /Fax:415- 989 -2101 Bohlin Cywinski Jackson Stephen G. Barium, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 3 and its consultants will be reviewing the drawings and involved in the CA phase for conformance with design intent. c. Site development of approximately 17 acres that will integrate the library immediately to the south of the site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This includes the area to the south and west of the Library that was added in the Design Development Phase and the replanting of the slope east of the Library to the south edge of the Library that was added in the Construction Document Phase. d. A two -story addition to the existing Central Library located immediately to the south of the City Hall site. This addition will consist of approximately 15,000 square feet of building area. 3. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program and was refined, adjusted and approved as part of the Concept Refinement Phase. This program was refined during the Schematic Design Phase. A summary of these changes was provided in an email tilled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 11th of December, 2009, that were included with the Construction Document proposal as Exhibit "D" that is included herewith by this reference. This message included a summary of the changes that were approved by the City Council on the 20 of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities Needs Assessment, a file from the 12'" of May, 2009 called "Alternative Work Space" and files from the 17'" of September, 2009 containing program comments for the One - Stop -Shop, the Building Department and the Planning Department. In addition, the City provided some initial project information at the start of the Concept Refinement phase. This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and is included herewith by this reference. 4. Project Budget: The 50% Construction Document Phase Project Information provided by the City of Newport Beach's Program Manager indicates the project budget to be in the range of $114+/- million construction costs for the project, excluding soft costs. This breaks down to approximately $64.9M +/- for the City Hall Building, $8.5M +/- for the Parking Structure, $22.8M +/_ for the Park, $10.8M +/- for the Central Library Addition, and $7.5M +/- for the significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over San Miguel as an additive alternate. This proposal anticipates that at the conclusion of the Construction Document Phase, the City of Newport Beach will have confirmation from the 75% CD phase estimate that the project has remained on target with the budget and that the project scope, budget and schedule remain as defined to date. BCJ will then proceed with the Bidding and Construction Administration Phase services. If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon which this proposal and the attached Agreement are based, the Basic Services compensation shall be adjusted subject to mutual agreement by the City of Newport Beach and BCJ. B. Project Design Team 1. This proposal includes the following Basic Services team, including Architect and the following core Consultant Team: a. Architect Bohlin Cywinski Jackson (BCJ) b. Structural Engineering Arup North America LTD (Arup) c. Mechanical /Electrical /Fire Protection Engineers Arup North America LTD (Arup) Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 4 2. Other specialty consultants, such as the following, although not normally included in Basic Services scope, are also included as part of this proposal: b. LEED Document Coordinator EC2 d. Civil Engineer Arup North America LTD (Arup) e. Landscape Architect Peter Walker Partnership (PWP) f. Acoustical Design Charles M. Salter Associates (CSA) g. Audio Visual Systems Engineering Charles M. Salter Associates (CSA) h. Lighting and Daylighting Design Consultant Arup North America LTD (Arup) i. Telecom, Signal and Data Systems Consultant Arup North America LTD (Arup) j: Sustainability Arup North America (Arup) k. Security Systems Consultant TransTech Systems, Inc. (TransTech) I. Waterproofing Consultant Allana Buick & Bars, Inc. (ABB) m. Code Consultant The Fire Consultants (TFC) n. Food Service Consultant HDA Pacific (HDA) 3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with BCJ and its consultants: a. Program Manager CW Driver (CWD) b. LEED Document Coordinator EC2 (EC2) c. Environmental Impact Report (EIR) Consultant LSA Associates (LSA) d. Geotechnical Engineer Leighton & Associates (Leighton) e. Commissioning Agent Glumac Engineering (Glumac) f. Building Plan Check Anderson Penna /Interwest (Interwest) 4. The following firms will be under direct contract with the Program Manager. The City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with the City, 'BCJ and its consultants: a. Design -Build Garage Firm Bomel Construction ( Bomel) S. BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by- phase schedule as the Architect. BCJ services made necessary by delays or out -of- sequence actions, changes or requests made by the City of Newport Beach's staff or separate consultants or contractors shall be compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as part of Basic Services. Additional meetings, . if required, shall be compensated as Additional Services, subject to the terms of the PSA. C. Project Delivery 1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to subcontractors under the management of a Construction- Manager -at -Risk with two bid packages containing scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by a Design -Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. This same firm will then construct the garage. BCJ and its consultants will provide review of these drawings and the construction for compliance with design intent. 2. If an alternate delivery method or changes to the scopes, quantity or schedule for bid .packages are requested by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase is not included as part of Basic Bohlin Cywinski Jackson Stephen G.Badum,P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 5 Services, and would be compensated as Additional Services if requested by the City. The budget for the Cost of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple separate parts of the project or for separate bid packages. Bid Pkg No Bid Package Scope Bid Package Schedule 1. Mass Excavation Package 17" of March, 2010 2. Final GMP Package including the 0 of November, 2010 balance of the Construction Documents. DB Pkg No. Package Scope by others Package Schedule 1. Garage Early November, 2010 D. Project Schedule 1. The Basic Services scope and fee is based on the schedule shown in Exhibit B. Changes to this schedule will require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement. 2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant team meetings) included as part of Basic Services shall not exceed the quantity as described in the Bidding and Construction Administration scopes below. BCJ and Consultant attendance at additional meetings beyond the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses. Written authorization from the City of Newport Beach will be required prior to attendance at additional meetings, subject to the terms of the PSA. E. Bidding Scope of Basic Services 1. It is BCJ's understanding that during this phase the City and their Construction Manager will be responsible for all bidding, award, procurement and purchasing activities of this contract. During bidding BCJ will provide services that will support the City's efforts: a. Interpret Construction Documents. b. Issue addenda as required in an eight -week bidding period to clarify the bid documents and /or answer the questions of bidders. Beyond this, if the City requests design or scope changes to the documents that require significant revisions to the contract documents, these shall be incorporated into an addenda as an additional service. BCJ shall provide one bond copy of each addenda or bulletins to the City and the City's Construction Manager. BCJ will also post this information on the FTP site BCJ has established for communication with the City. The City's Construction Manager will then issue them to the appropriate trade contractors. C. Substitution requests will not be permitted during the bid period and services related to review of substitution requests during the bidding phase are not included in the scope of services. Such services, if requested by City will be addressed as an additional service. d. If so requested by City, BCJ shall assist in evaluating bids. e. Permitting — BCJ will assist with Building Permit Application and coordinate the submission of permit documents to the corresponding agencies. f. BCJ shall provide clarifications and /or corrections to permit drawings and specifications as required in response to plan check comments from the City's Building Department. Bohlin Cywinski Jackson Stephen G.Badum,P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 6 g. It is understood that all required Permit fees for the Project shall be paid for by City. h. The City will provide BCJ and consultants with any supporting information required by the City's Building Department for permit filing purposes (i.e. plot plan of existing conditions, utilities, existing tree survey, soils report, etc.). i. BCJ shall schedule and attend (up to 2) pre - application meetings with the City's Building Department or authorized agent prior to the actual Permit submission. j. The garage will be provided by the DB firm and will therefore have no bidding phase. F. Construction Administration Scope of Basic Services During the Construction Phase for the work described in this Proposal, which the Program Manager has estimated to be a 104 week duration to final completion, BCJ will assist the City with administration of the construction contract for the work. These services, described below, begin with award of the construction contract and vary depending on the stage of construction. As a constant, however, BCJ will advise and consult with the City on the progress and quality of the construction work and, when authorized, will represent the City, but only to the extent set forth below: Meetings and Site Visits: BCJ will visit the Project site during construction to attend job meetings and to observe construction progress a. BCJ will walk through the Project site during construction as often as is appropriate, in the Architect's professional judgment, but with prior written approval of the City, to observe the Work in place at that time, to become generally familiar with its progress and quality, and to determine whether it is in keeping with the intent of the Contract Documents. This proposal has a total of 99 site visits, plus an additional three site visits for punchlist activities at the end of the project budgeted as part of basic services. Additional site visits beyond this quantity shall be considered as an additional service. b. Architect will distribute Field Orders, if any, and a Field Report after each site visit. c. Accepting or Testing Work: Although BCJ may observe and point out actual or potential problems during site walk - throughs, these walk- throughs are not construction inspections or a guarantee that there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction that does not conform to the Contract Documents, BCJ will recommend that the City not accept it. d. Communications: a. Interpretations: During Construction, BCJ will, upon request of the City or the Construction Manager, provide written or graphic interpretations and clarification of our Construction Documents. These interpretations will be consistent with BCJ's intent as expressed in, or reasonably inferable from our Construction Documents. The City and the Construction Manager will communicate with BCJ in writing for any communication relevant to BCJ's services. b. Bulletins: BCJ will use its Bulletin form to: 1) authorize minor changes in the Work (if there is no change in cost or time); 2) BCJ will issue supplemental instructions (if there is no change in cost or time) in response to the Construction Manager's requests for interpretations and clarifications of our Construction Documents; 3) confirm Architect's field orders; and d) request estimates/proposals. c. Documentation: During construction, we will maintain logs of: 1) Addenda to the Contract for Construction; 2) Bulletins; 3) Confirmations of Field Orders; 4) Field Reports; 5) Meeting Notes; 6) Architectural Sketches; 7) Construction Manager's Requests for Information; 8) Contractor's Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 7 Submittals; and 9) Construction Manager's Substitution Requests and make these available to the Project Team. 5. Submittal Review: During Construction, BCJ will review various samples, product data and shop drawings that the Construction Documents require the Construction Manager to submit, to determine whether those items and the Trade Contractor's proposed methods of fabrication are consistent with BCJ's visual and aesthetic design concept expressed in the Construction drawings and specifications. In advance of the construction work, the City will require its Construction Manager to provide a Submittal Schedule outlining the Submittals for the Project Work, for the City's and BCJ's approval. 6. BCJ will conduct a field review of the Work in order to assist the Construction Manager with development of the Punch List and if necessary on follow -up field review, if previously approved by the City, including review of the Construction Manager's punch list items, to confirm Substantial Completion. If BCJ does not find the Work Substantially Complete, BCJ will notify the City. 7. BCJ will provide responses to BFI's, submittals, etc. that comply with industry standards for timeliness. Review time for submittals can be managed only if the Construction Manager provides a complete submittal schedule at the beginning of the project so that BCJ can properly staff the construction administration effort. 8. BCJ will provide review of submittals and provide on -site construction observation for adherence to design intent for the parking garage. 9. This proposal does . not include CA services for the Mass Excavation package, which were provided under BCJ proposal 08519C. G. Environmentally Responsible Design Scope of Basic Services One of the goals of the Architect and its consultants is to design and document this project to be environmentally responsible. The City approves this goal subject to City approval of the measures proposed by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work. In addition, the City requires the Architect and its consultants to design and document the project with the goal of achieving US Green Building Council (USGBC) LEED certification. Formal application to and certification by the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In response, the City has retained consultants to perform the tasks indicated, under contracts directly with either the City or the Program Manager: a. LEED is a measurement system designed by the US Green Building Council to define "green buildings ". The process requires that the Architect and the Contractor each provide, for the LEED work that is their responsibility, an individual who is responsible for tracking, compiling and organizing the information and letter template files that the USGBC uses to validate compliance with their rating system. In the outline below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager. b. In addition, the City has elected to retain EC2 to serve as the LEED Documentation Coordinator for the project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program Manager's LEED Manager in assembling the electronic documentation required for submittal to USGBC for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the Architect's and Program Manager's compliance with LEED related requirements and procedures. c. A major component of LEED compliance is the proper operation of building systems and assemblies, so the process also involves a firm employed to develop a plan for managing the installation, operation, and maintenance of those systems. For compliance with LEED EA Prerequisite 1, this individual is required to be engaged early in the project so as to be involved in during both design and construction. In the outline below that firm is the Commissioning Agent. The City has retained Glumac as a separate consultant serving as the Commissioning Agent for the project. The Commissioning Agent will be responsible for: Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 8 1) Developing and managing the detailed Commissioning Plan in accordance with the general performance requirements defined in a performance specification prepared by the Architect's MEP Consultant. 2) Ensuring that the systems and assemblies installed are operable and maintainable. 3) Ensuring that the design intent, installation and O &M requirements are thoroughly documented. 4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the facility per the design intent and facility requirements. 2. LEED related services performed by the Architect and its Consultants; led by the Architect's LEED Manager, as part of Basic Services shall be as follows: a. Construction Administration Phase: 1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions regarding the construction documents requirements related to construction phase LEED issues: 2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of submittals regarding format and completeness of documentation to support USGCB certification will be by the LEED Documentation Coordinator and the Contractor's LEED Manager. 3) Review construction documents requirements related to LEED related issues at Project Meetings. 4) Complete letter templates for construction phase LEED points that require the Architect's or Engineering Consultant's .signature utilizing letter template formals provided by the LEED Documentation Coordinator. 3. LEED - Related Notes and Clarifications a. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order to satisfy USGBC requirements for additional information such as calculations or modeling. All services related to responding to any comments or requests by the USGBC for additional information on individual LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic Services. b. All services required if the City elects to appeal any credit denied in the Final LEED Review are not included as part of Basic Services. c. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's LEED Manager or the Commissioning Agent are not included as part of Basic Services. d. All LEED related meetings are assumed to be ,part of the typical project meetings. If the City requests separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic . Services, such meetings are to be compensated as Additional Services. e. All LEED related registration, application, appeal and other fees are not included as part of Basic. Services and would be addressed as reimbursable expenses. 5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services shall be subject to the following limitations: a. The duration of the Commissioning Agent's specified scope of services shall include the entire construction period and a period of one year following Substantial Completion of the Project. For the duration of their services through Final Completion, the Commissioning Agent shall be the Program Manager's and City's point of contact for providing consultation and assistance as to any Work not performing as expected or that is discovered to be defective, and particularly in connection with the utilization of any equipment or system such as initial start-up and testing, adjusting and balancing, and maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program Manager to the City's satisfaction. Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 9 H. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as Exhibit A into the City of Newport Beach's Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our fee as a time and expense not -to- exceed fee, to be invoiced monthly based on hours spent completing the above described scope of work completed. Invoices for this work shall be in the same format as those used in the Concept Refinement, Schematic, Design Development and Construction Document Phases. 2. Substantial revisions to the building program and /or documents after completion of the phase and the City of Newport Beach's approval of the Design Development Phase (the final design approval), will be considered as an additional service. 3. If the City of Newport Beach or its Construction Manager causes the duration of the Bidding or CA phases of work to substantially exceed what is specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule. 4. A fixed number of meetings are identified for this phase of the work as outlined in Exhibit B. If the number of meetings for the phase is exceeded, . these meetings would be in addition to this proposal and considered an additional service. 5. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City require the addition of any other specialty consultants, they can be provided as an additional service. 6. Neither Furniture Design nor Furniture, Fixtures and Equipment (FF +E) is included in this proposal. 7. Services relative to future facilities, systems and equipment are not included as part of Basic Services. 8. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any error, omission or inconsistency in such services or information. 9. Services related to value engineering includes reviews with the City and Program Manager of relative cost information on scope, design and constructability alternatives on a continuous or "rolling" basis, proceeding from general to more detailed issues, as alternatives are evaluated and decisions are made during the Bidding and Construction Administration Phases are not included in this proposal. All cost estimating services required related to the value engineering process will be provided by the Program Manager. All value engineering services after City approval of the Design Development Phase and all other services related to value engineering are not included as part of Basic Services other than the Architect's and the Architect's consultants' services required to comply with the City's budget for the Cost of the Work. 10. Provision of electronic file formals for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 11. All services related to special studies, including constructability analyses, life cycle costing, energy analysis studies, environmental impact reports and analysis of owning, operating and maintenance costs are not included as part of Basic Services for the bidding and CA phases. 12. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California Edison's 'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that the City's Program Manager will submit required information for any Grant. Energy or other similar Programs. 13. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject will be included in City's agreement with the Contractor stating that if the Architect is required to provide drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File Bohlin Cywinski Jackson Stephen G.Badum,P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 10 Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses associated with providing the electronic riles at the rate of $2,000 per transfer. 14. The Architect and some consultants have, at their sole discretion, elected to produce some of the construction documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized solely as an internal architect - consultant team tool. The model(s) may be provided to the Program Manager solely as a convenience, after a CADD transfer agreement has been signed. The City and Program Manager acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction documents shall be traditional two- dimensional drawings and shall be the official, binding documents for the project. 15. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant Proposals and attached to this proposal as Exhibit D. END OF EXHIBIT A Bohlin Cywinski Jackson EXHIBIT B — Project Schedule: A. Project Schedule: Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 11 Our proposal is based upon an eight week bidding period and 22 month construction schedule. The general overall project schedule is captured below, a combination of completed phases, ongoing ones and upcoming as discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following milestone phases below. Unlike previous phases, BCJ will not be in charge of issuing a schedule for the project team and as a result has not included a proposed work plan with this scope. Should the schedule lengthen, BCJ and the design team can provide a proposal for additional services to cover the additional presence on the project. Completed: Concept Refinement Phase: City Phase Approval: Schematic Design Phase: City Phase Approval: Design Development Phase: City Phase Approval: 15 Jan 09 — 14 Apr 09 14 Apr 09 15 Apr 09 — 14 Aug 09 14 Aug 09 — 14 Sep 09 15 Sep 09 — 18 Feb 10 18 Feb 10 -18 Mar 10 Bidding Package 1 —Mass Excavation 100% CD 29 Jan 10 Bidding Package 1 — Mass Excavation Bid Set 17 Mar 10 Ongoing: Package 1 — Construction — Mass Ex Package 1 — Construction — Shoring Wall Bidding Package 2 CD Phase: DB Garage Package CD Phase Upcoming: DB Garage Package — Construction 28 Apr 10 — 15 Nov 10 30 Sep 10 — 14 Feb 11 19 Mar 10 — 04 Nov 10 15 Jul 10-02 Dec 10 14 Feb 11 — 01 Nov 11 Bidding Package 2 — Bidding 05 Nov 10-31 Dec 10 Note: assumes Bid Phases A +B are roughly concurrent Package 2 Construction Start of Move -in END OF EXHIBIT B 01 Jan 11 -31 Oct 12 01 Jan 13 Bohlin Cywinski Jackson EXHIBIT C - Schedule of Hourly Rates /Fees: A. Schedule of Effective Hourly Rates Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 12 The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's team. These rates are subject to annual updates according to each firm's compensation policies as mutually agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly rates. 1 Discipline — Architecture Bohlin Cywinski Jackson Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff 11 $ 85 Staff III $ 65 Office $ 75 2 Disciplines - Structural Engineering, M /E /P /FP, Civil, Sustainability, Telecomm, Lighting Arup North America LTD Principal $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineer $130 Graduate Engineer $110 Senior Drafter $120 Drafter $110 Clerical $ 85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architects P. Walker, Director $410 D. Findlay, Director 5305 Partner 5190 Associate $125 Landscape Architect $110 Staff S 65 Archivist/Libradan $150 4 Discipline — Building Code Consulting The Fire Consultants Principal $190 Bohlin Cywinski Jackson 5 Discipline - Waterproofing Consulting Alana Buick & Bers, Inc. Senior Principal $350 Associate /Principal $225 Consultant 111 $160 Consultant II $145 Administrative $ 70 6 Disciplines - Audiovisual and Acoustical Charles M Salter Associates, Inc. President $250 Sr. Vice - President $250 Vice - President $230 Director $230 Principal Consultant $190 Senior Consultant $145 Consultant $125 Technical Assistant $ 90 7 Discipline — Security Systems Consulting TransTech Systems, Inc. Principal $175 Engineer $145 CADD $ 95 Administration $ 75 8 Discipline — Food Service Consulting HDA Pacific Senior Principal $150 Principal /Director $125 Associate /Project Manager $110 Project Director /Designer $95 CADD $ 75 Administrative $ 75 Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 13 Based on the above - described scope of work, budget and schedule and the Agreement terms and conditions, we request a professional services Hourly- not -to- exceed fee as detailed on the following sheets: Stephen G. Badum, P.E. 15 October 2010 Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CO Phase Exhibits / Page City Hall Bids Prkn Review Libra Addition Site Pedestrian Bride C Union Fit -out Totals Rate Bidding CA Bidding new CA Bidding CA Bidding new CA Bidding CA Bidding CA S /hr His Hrs His CA Hrs Hrs Hrs Hrs bal Hrs Hrs Hrs Hrs Hrs Architectural Principal 1 $2851 60 574 0 14 40 384 5 33 1 10 Senior Associate $160 310 2494 0 14 22 211 10 65 4 38 Associate 5125 510 3646 0 66 185 1488 35 66 5 48 Staff 1 $105 150 478 0 0 50 480 50 380 0 0 Staff 2 S85 550 4798 0 30 0 0 20 142 0 0 Office 575 100 574. 0 14 5 48 101 52 Graduate Engineer 48 Architectural Fees $200,450 $1,519,430 $0 $18,080 $43,670 $383,232 $15,100 $84,750 $1,925 $18,480 $2,755 $13,584 $2301456 Structural Principal 5300 120 40 18 40 Associate Principal $215 Associate Principal $215 $215 16 4 Associate $190 Associate 5190 Associate 120 Senior Engineer $160 20 220 12 88 8 52 8 72 Engineers $130 30 270 1 6 6 114 6 80 6 78 Graduate Engineer S110 6 160 4 4 4 52 Graduate Engineer 90 Senior Drafter $120 80 $110 80 25 16 24 16 Drafter 5110 4 80 Senior Drafter 16 40 4 Clerical $85 4 56 20 40 20 $110 32 Structural Fees $7,440 $138,260 $0 $0 $2,700 $47,300 $2,060 $33,460 $2,060 $48,200 Mechanical & Plumbino Principal $300 24 24 Associate Principal $215 $215 16 4 Associate 5190 Associate 120 Senior Engineer $160 24 216 $160 20 6 74 4 1 6 18 2 Engineers $130 20 280 Engineers 5130 6 74 4 4 4 16 Graduate Engineer $110 10 230 Graduate Engineer $110 80 4 24 Senior Drafter $120 4 80 Senior Drafter 16 40 4 16 Drafter $110 20 Drafter $110 32 Clerical $85 80 32 Clerical $85 2 M &P Fees Electrical $7,540 $144,860 $0 $0 $1,740 $33,300 $0 $0 $160 $2,570 $520 $2,400 $193,090 Principal $300 16 4 Associate Principal $215 16 4 Associate $190 Senior Engineer $160 20 180 4 36 18 8 4 Engineers 5130 6 134 4 20 2 8 4 12 Graduate Engineer $110 80 24 4 Senior Drafter $120 40 16 Drafter $110 32 Clerical $85 46 22 1 3 tlectrical rees 4,3,SUU $r5,49U $U $U $1,1 bU $16,650 $U $2,965 $26U $3,015 $520 $2,2001 $106,4401 Stephen G. Badun 15 October. Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CO Phase Exhibits/ Page Citv Hall Bld s Prkn Review Libra Addition Site Pedestrian Bride C Union Fit -out Totals Rate Bidding CA Bidding new CA Bidding CA Bidding new CA Bidding CA Bidding CA $ /hr Hrs Hrs Hrs CA Hrs Hrs Hrs Hrs bal Hrs Hrs His Hrs Hrs Sustainable Sustainable Fees $0 $21,640 $0 $0 $290 $6,010 $260 $3,005 $0 $0 - $0 $01 $31,205 Telecoms telecom tees inhtinn betiU S15,bbb bU SU SIbU SZ,U4b $1bU bebu bU W "ZU DI,ZtlUI bZ4,4bU1 Principal $300 Associate Principal $215 Associate $190 14 2 4 2 Senior Engineer $160 2 16 8 8 8 Engineers $130 16 10 8 8 Graduate Engineer $110 ItrFIRIMINA Senior Drafter $120 Drafter $110 Clerical $85 8 7 6 4 Lighting Fees $320 $7,980 $0 $0 $0 $3,555 $0 $3,590 $0 $3,040 Daylightinq uayugnnng tees $u bs,b4ll $U $0 $U $1,535 $0 $0 $0 $0 $0 $0 $5 075 ItrFIRIMINA uayugnnng tees $u bs,b4ll $U $0 $U $1,535 $0 $0 $0 $0 $0 $0 $5 075 Stephen G. Badum, P.E. 15 October 2010 Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CD Phase Exhibits /Page City Hall Bids Prkn Review Libra Addition Site Pedestrian Bride C Union Fit -out Totals Rate Bidding CA Bidding new CA Bidding CA Bidding new CA Bidding CA Bidding CA $ /hr Hrs Hrs Hrs I CA Hrs Hrs Hrs Hrs bal Hrs Hrs Hrs Hrs I Hrs Civil Civil Fees $0 $0 $0 $0 $0 $0 $3,840 $51,510 $0 $0 $0 $0 $55,350 lArup Totals 1 $20,240 1 $410,335 $0 1 1 $2,480 1 $56,825-1 1 $1,360 1 $6,980. 1716,675 Landscape Architecture P Walker, Director $3001 -- $22,500 -- 0 -- -© 80 -- 0 -- D. Findlay, Director $305 0 5 30 0 0 Partner 5190 10 55 490 0 0 Associate $125 NO 35 o Prect De igneorr 30 725 0 0 0 Landscape $110 0 0 0 0 0 0 Architect 20 70 325 0 0 Staff $65 0 0 5 10 125 0 0 0 0 Civil Fees $0 $0 $0 $0 $0 $0 $3,840 $51,510 $0 $0 $0 $0 $55,350 lArup Totals 1 $20,240 1 $410,335 $0 1 1 $2,480 1 $56,825-1 1 $1,360 1 $6,980. 1716,675 Landscape Architecture P Walker, Director 1 $4101 Landscape Architecture Consultant's Fees $0 $22,500 $22,500 0 Code Consulting 0 80 0 0 Food Service D. Findlay, Director $305 0 5 30 0 0 Partner 5190 10 55 490 0 0 Associate $125 NO 35 o Prect De igneorr 30 725 0 0 0 Landscape $110 0 0 0 0 0 0 Architect 20 70 325 0 0 Staff $65 0 0 5 10 125 0 0 0 0 Landscape Architecture F $0 $0 $0 $8,800 $0 $0 $24,075 $269,550 $0 $0 $0 $0 $302,425 Landscape Architecture Consultant's Fees $0 $22,500 $22,500 $324,925 Code Consulting Princi al I sigol 01 251 0 0 0 0 Code Consulting Fees $0 $4,750 $0 $190 $0 $1,330 $0 $0 $0 $0 $0 $0 $6,270 Food Service 1 $$96 o Prect De igneorr 0 0 0. 0 0 10 0 0 0 0 0 0 Food Service Fees $0 $0 $0 $0 $1,100 $6,450 $0 $0 $0 so $0 $0 $7,550 Security Security Fees $1,630 $17,680 $0 $870 $190 $2,910 $0 $145 $0 $850 $95 $1,430 $25,800 Stephen G. Badur 15 October Hours and Fee for Newport City Hall Project - Bidding and CA Phases (less Mass Ex CA) Bidding and CD Phase Exhibits / Page City Hall Bld s Prkn Review Libra Addition Site Pedestrian Bridge CUnion Fit -out Totals Rate Bidding CA Bidding I new CA I Bidding CA Bidding I new CA Bidding CA Bidding CA $ /hr Hrs Hrs Hrs CA Hrs Hrs Hrs Hrs bat Hrs Hrs Hrs Hrs Hrs D cnoclicc President] Sr. VP $250 1 11 0 0 0 4 0 0 0 0 0 VP /Direclor $230 1 31 0 0 1 15 0 0 0 0 0 Principal 0 Principal Consultant $190 5 47 0 0 3 5 0 0 0 Consultant E 0 0 0 0 0 0 0 0 0 0 mol Senior Consultant 0 3 51 0 0 1 22 0 0 0 0 0 Consultant 0 0 5 0 0 0 2 0 0 0 0 1 Technical Assistant $90 1 8 0 0 0 3 0 0 0 0 Acoustics Fees $1,000 $18,551 $0 $0 $499 $8,385 $0 $0 $0 $0 $499 $1,000 $29 933 Audio Visual President] Sr. VP 1 $2501 01 01 0 0 0 0 0 0 0 0 0 0 VP /Director $230 01 01 0 0 0 0 0 0 0 0 0 0 Principal Consultant $190 5 47 0 0 3 5 0 0 0 0 0 0 Senior Consultant 5145 2 19 0 0 1 2 0 0 0 0 0 0 Consultant 5125 5 43 0 0 2 5 0 0 0 0 0 0 Technical Assistant $90 1 10 0 0 1 1 0 0 0 0 0 0 Audio Visual Fees $2,000 $18,000 $0 so $1,000 $2,000 $0 $0 $0 $0 $0 $0 $23,000 Waterproofina Senior Principal 1 $350 2 16 4 4 1 1 Principal II $250 24 40 24 24 56 4 4 Assocaite II $200 Consultant II 5145 Consultant III $160 200 40 200 8 Architect II $145 Building Technologist II $110 Building Technologist III $1.20 Building Technolociist IV $125 Project Manager IV $155 ;;;;4O Administrative $70 2 40 2 24 2 0 Waterproofing Consulting $6,840 $50,400 $0 $16,600 56,140 $49,080 $0 $0 $1,490 $2,630 $0 $0 5133180 Totals $232,160 $2,039,146 $0 $44,540 $58,648 $563,982 $45,495 $472,435 $5,895 $78,785 $4,709, $22,994 $3,568,789 Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 18 EXHIBIT C Project Name: Project No. Date: NEWPORT BEACH CIVIC CTR + PARK - B -CA Phases 08519D 101-15/2010 (SEE NOTE INITIAL REIMBURSABLE EXPENSES ESTIMATE 1) - - ATTACHMENT (to proposal) Item No. Description Amount/ No. of Bidding +CA Remarks Person Days/ Phase Total Miles BCJ Travel Expenses per 2 -Day Trip Transportation to /from airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 3 $66.00 2 Cab fare / car rental $75.00 2 $150.00 3 Food $75.00 2 $150.00 4 Hotel per night $240.00 2 $480.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per two day trip $1,436.00 BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF $45.00 2 $90.00 1 Parking at airport $22.00 2 $44.00 2 Cab fare / car rental $75.00 1 $75.00 3 Food $75.00 1 .$75.00 4 Hotel per night $240.00 1 $240.00 5 Plane Fare (see Note 1) $500.00 1 $500.00 Total per person per one day trip $1,024.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE Bidding -CA PHASES People X No. of Trips BID 2 2 -day trips; 3 people /trip $1,436.00 6 $8,616.00 CA 20 2 -day trips; 3 people /trip $1,436.00 60 $86,160.00 CA 72 2 -day trips; 2 people /trip $1,436.00 144 $206,784.00 CA 10 1 -day trips; 3 people /trip $1,024.00 30 $30,720.00 Additional Trips (If Required) People X No. of Trips All Expenses for additional trips would be Additional NIC NIC NIC Services BCJ ESTIMATED TOTAL FOR $332,280.00 TRAVEVLODGING /MEALS (SEE NOTE 2) Approved in . CD phase (note 4) BCJ TOTAL INITIAL REIMBURSABLE EXPENSES $150,000.00 $0.00 ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONE /FAX, MAIL (REGULAR AND EXPRESS), PHOTOS /PRINTS PER BCJ PROPOSAL Bohlin Cywinski Jackson Stephen G. Badum, P.E. 27 October 2010 Bidding and Construction Administration Phase Exhibits / Page 19 PWP Landscape Architects TOTAL INITIAL $65,482.00 $33,043.00 REIMBURSABLE EXPENSES ESTIMATE - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. Arup MEP /Structural /Civil /Lighting TOTAL INITIAL $70,000.00 $0.00 REIMBURSABLE EXPENSES ESTIMATE - BCJ and Consultants expenses for photos /prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on The Fire Consultants TOTAL INITIAL REIMBURSABLE $1,500.00 $0.00 EXPENSES ESTIMATE increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to Charles Salter & Associates - Acoustical Consulting $4,000.00 $0.00 Charles Salter & Associates - Audio Visual Systems $5,000.00 $0.00 Allana Buick Berrs - Waterproofing Consultant $12,300.00 $0.00 Transtech Systems - Security Consultant $1,950.00 $0.00 HDA Pacific - Food Service Consultant $1,000.00 REIMBURSABLE EXPENSES ESTIMATE (see Note 3) Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT C Notes: Note 1:Reimbursable expenses include the following: - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photos /prints. Note 2: Plane fare costs are estimated based on minimum two week advanced notice to BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement. BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: If this initial projected amount for BCJ and /or Consultants reimbursable expenses is exceeded, (i.e. due to revisions to the quantity of or schedule for BCJ and /or Consultants meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -lo- exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Note 4: A number of reimbursable expenses were approved in the CD phase (BCJ 08519C) that were budgeted as expenses for CDs, Bidding and CA. The City has agreed that these already- approved expenses can be billed back to the CD phase even though they are being generated in the bidding and CA phases. The amounts approved in the CD phase have been listed here for reference. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. END OF EXHIBIT C ^ity of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11BA -016 AMOUNT: $3s3s,11z.00 Increase in Budgetary Fund Balanc X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover the cost of a professional services agreement (PSA) with Bohlin Cywinski Jackson for architectural design services including construction support. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 410 3605 Civic Center Construction Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Director Signed: 0� I Administv Approval: City Amount Debit Credit $3,935,112.00 $3,935,112.00 )a -a9 -/0 Date Il3lU Date Signed: City Council Approval: City Clerk Date Description Division Number 7410 Civic Center Construction Account Number C1002009 New City Hall /Civic Center Division Number Account Number Division Number Account Number Division Number Account Number Signed: Director Signed: 0� I Administv Approval: City Amount Debit Credit $3,935,112.00 $3,935,112.00 )a -a9 -/0 Date Il3lU Date Signed: City Council Approval: City Clerk Date AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AMENDMENT NO. FIVE TO PROFEQNAL SERVICE AGREEMENT ( "Amendment No. Five ") is entered into as of this may of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for architectural and consultant services for the second phase of the Newport Beach Civic Center & Park Development Plan Project ( "Project'). B. On July 12, 2010, City and Consultant entered into Amendment No. One to the Agreement, to increase the scope of work and total compensation ( "Amendment No. One "). C. On August 23, 2010, City and Consultant entered into Amendment No. Two to the Agreement, to increase the scope of work and total compensation ( "Amendment No. Two'). D. On September 28, 2010, City and Consultant entered into Amendment No. Three to the Agreement, to increase the scope of work and total compensation ( "Amendment No. Three "). E. On October 25, 2010, City and Consultant entered into Amendment No. Four to the Agreement, to increase the scope of work and total compensation ( "Amendment No. Four"). F. City desires to enter into this Amendment No. Five to reflect additional services not included in the Agreement or prior Amendments, to increase the scope of work and total compensation. G. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated October 11, 2010, which is attached hereto as Exhibit `A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Five Million, One Hundred Eight Thousand, Five Hundred Seventy -Nine Dollars and no /100 ($5,108,579.00) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Five, including ail reimbursable items and subconsultant fees, in an amount not to exceed Forty -Four Thousand, Six Hundred Ninety Dollars and no /100 ($44,690.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five on the dates below. APPROVED AS TO FORM: OFFICE Q,F/,UW_CITY ATTORNEY Leonie Mulvihill Assistant City Attorney ATTEST: Date: la ab Ib By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: % 121, -) 1. 10 By: Dav-LrXiff, City Manager CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: '11 MAY, 6 ByqV'e ry R. Mottola resi dent Date: (0 �G� By: ` William D. Loose Vice President/Treasurer Attachment: Exhibit A — Additional Services to be Performed EXHIBIT A Bohlin Cywinski Jackson Peter p. Sohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherback, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 11 October 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Adjustments to Site in Response to Archaeology Additional Services Proposal (BCJ Project 08519C x07) Dear Mr. Badum: On the 31" of August, you, I, and others received an email message from Lloyd Sample of LSA describing an expanded ESA at an area to the east of the wetland that had been identified in the EIR as a sensitive area in which no cut below existing grades could occur. In our weekly call on the second of September, Paul Sieron of PWP and Matt Bamm of Arup both shared that this additional area where no digging within existing grades could occur meant the neighboring path, pedestrian bridge and contours would have to be redesigned and the documents adjusted accordingly. Project Scope PWP will revise their design to work with around the increased are of restriction. They will then forward to the City and the design team for review. When all involved have agreed to a direction, PWP will then modify their drawings to reflect this change. They will share these changes with Arup Civil, who will also modify their drawings accordingly. Please see PWP's and Arup's attached proposals for more detailed scope descriptions. BCJ will manage this process, and coordinate PWP and Arup's efforts with the design team, CW Driver and the City. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes- Barre/ Pittsburgh /Philadelphia/Seattle /San Francisco San Francisco, California 94108 415.989.2100/Fax: 415.989.2101 Bohlin Cywinski Jackson 08519C x07 11 October 2010 Page 2 of 2 Schedule There is no proposed change in schedule based on the scope described in this Additional Service for the portion of scope that will be incorporated in the main set. The portion of this scope that will constitute Mass Ex bulletin #7 bulletin is scheduled to be issued on the same day as the 100% CD set, the fourth of November. Project Fee This proposal is for a time- and - material fee, with a not -to- exceed amount of $44,690 based on the assumptions below: Services BCJ 01 hours Principal $285.00 per hour $285 02 hours Senior Associate $160.00 per hour $320 08 hours Associate $125.00 per hour $1,000 10 hours Staff 1 $105.00 per hour $1,050 PWP 23 September 10 proposal $24,055 Arup 06 October 10 proposal $17,980 Reimbursables BCJ To be billed under base project (08519C) NA PWP To be billed under base project (08519C) NA Arup To be billed under base project (08519C) NA Total $44,690 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, e"��ti Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: f Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: C- 45 2-1 AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AMENDMENT NO. FOUR TO PROFESSIONAL SE VICES AGREEMENT ( "Amendment No. Four'), is entered into as of thisc' of _�(/{- b-ff , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RECITALS: A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for architectural and consultant services for the second phase of the Newport Beach Civic Center & Park Development Plan Project ( "Project'). B. On July 12, 2010, City and Consultant entered into Amendment No. One to the Agreement, to increase the scope of work and total compensation ( "Amendment No. One "). C. On August 23, 2010, City and Consultant entered into Amendment No. Two to the Agreement, to increase the scope of work and total compensation and to extend the term of the Agreement to December 31, 2011. D. On September 28, 2010, City and Consultant entered into Amendment No. Three to the Agreement, to increase the scope of work and total compensation and to update insurance requirements. E. City desires to enter into this Amendment No. Four to reflect additional services not included in the Agreement or prior Amendments, and to increase the total compensation. F. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated September 27, 2010, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Five Million, Sixty -Three Thousand, Eight Hundred Eighty -Nine Dollars and no /100 ($5,063,889.00) without prior written authorization from City ( "Total Amended Compensation "). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty -Nine Thousand, Six Hundred Twenty Dollars and no /100 ($49,620.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Four on the dates below. APPROVED AS TO ORM: OF IC I" ATTORNEY Date: B, a Leonie Mulvihill �(y� Assistant City Attorney \ ;OT3 ATTEST: Date: 10" LS • 1-0 By: Leilani I. Brown City Clerk _n—sh, CITY OF NEWPORT BEACH, A California municipal corporation Date: lb-Z4 - ly By: Dav iff , City Manager CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation Date: )5 D(A' 21!� b By: b]c relhoFy R. Mottola President Date: 1% oor 4.010 By: Wiliam D. Loose Vice President[Treasurer Attachment: Exhibit A — Additional Services to be Performed �� r n � -- - l � � � � J l__ � (. �y � �` Ili Bohlin Cywinski Jackson Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIR W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabm, AIA 27 September 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: 75% CD cost estimate Additional Services Proposal (BCJ Project 08519C x06) Dear Mr. Badum: As we have discussed on the 8 °i of September, the City would like Ciaran O'Halloran to provide a 75% CD estimate as a complement to CW Driver's upcoming estimate for the same drawing package. This proposal is being offered in response to that request. Project Scope The design team will provide a 75% CD estimate. This estimate will be a complement to a similar estimate being generated by CW Driver. Ciaran O'Halloran will generate a draft. This draft estimate will then be compared, reviewed and reconciled with CW Driver's 75% CD estimate. Please see Ciaran O'Halloran's proposal for additional scope description. BCJ will manage this process, and coordinate Ciaran O'Halloran's efforts with the design team, CW Driver and the City. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes- Barre/ Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/Fax: 415.989.2101 I Bohlin Cywinski Jackson 08519C x06 27 September 2010 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $49,620 based on the assumptions below: Services BCJ 04 hours 04 hours 08 hours 08 hours CPO Reimbursables BCJ CPO Total Principal $285.00 per hour $1,140 Senior Associate $160.00 per hour $640 Associate $125.00 per hour $1,000 Staff 1 $105.00 per hour $840 23 Sep 10 proposal $46,000 To be billed under base project (08519C) NA To be billed under base project (08519C) NA $49,620 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: i Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: q5s 1 AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINKSI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Three ") is entered into as of this Mi -,day of SgVAWW , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300 San Francisco, California 94108 ( "Consultant'), and is made with reference to the following: RFrITAI S• A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement') for architectural and consultant services for the second phase of the Newport Beach Civic Center & Park Development Plan Project ( "Project'). B. On July 12, 2010, City and Consultant entered into Amendment No. One to the Agreement to reflect additional services not included in the Agreement and to increase the total compensation. C. On August 23, 2010, City and Consultant entered into Amendment No. Two to the Agreement to reflect additional services not included in the Agreement or prior Amendment, to extend the term of the Agreement to December 31, 2011, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF WORK Section 2 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: In addition to the services to be provided pursuant to the Agreement and these Amendments Nos. One and Two, Consultant shall diligently perform all the services described in this Amendment No. Three including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior Amendments, including all reimbursable items and subconsultant fees, shall not exceed Five Million, Fourteen Thousand, Two Hundred Sixty -Nine Dollars and no/100 ($5,014,269.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Twelve Thousand, Three Hundred Fifty -Five Dollars and no /100 ($12,355.00), without prior written authorization from City. \ 3. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. Page 12 B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this "Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. Page 13 D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a toss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. 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. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. Page 14 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the date first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Uv V lam - Leonie Mulvihill, mall* Assistant City Attorney ATTEST: By: Aa'X•NYY{%" Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation By: G- David-A. Kiff, City Manager CONTRACTOR: BOHLIN CYWINSKI JACKSON By' Grer, ory R. Mottola, Vi e President By: - W- LuLiAM P. LOV'96 Vice President/Treasurer wL., 04110 ID Attachment: Exhibit A - Additional Services to be Performed Page 15 EXHIBIT A Bohlin Cywinski Jackson Peter G. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 16 August 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Food Facility Vendor Selection Services Additional Services Proposal (BCJ Project 08519C x05) Dear Mr. Badum: This additional services proposal is sent as follow -up to our conversation in Newport Beach on the 12th of August, in which we discussed next steps regarding the new library food service facility. During the food service RFP process, we have gained clarity regarding the type and nature of food service the City wishes to make available in the new Library Addition food facility. As part of this exercise the scope of food service infrastructure to be included in the base project has increased, providing the City with better control of this space. Project Scope Food services consultant HDA Pacific will work with the design team, providing drawings and specifications at the permit set and final construction document drawings covering food service equipment scope. They will also provide connection information to various disciplines within the design team, as well be available for meetings with the City regarding further scope clarification. Please see HDA's proposal for additional information. BCJ will assist in the management of this process, coordinate HDA's efforts with the design team and the City, and attend all client meetings with HDA. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/F a x: 415.989.2101 Bohlin Cywinski Jackson 08519C x05 16 August 2010 Page 2 of 2 Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $12,355 based on the assumptions below: Services BCJ ARCHITECT: City of Newport Beach Bohlin Cywinski Jackson 01 hour Principal $285.00 per hour $285 02 hours Senior Associate $160.00 per hour $320 05 hours Associate $125.00 per hour $625 05 hours Staff 1 $105.00 per hour $525 HDA 12 August 10 proposal $9,600 Reimbursables BCJ To be billed under base project (08519C) NA HDA $1,000 Total $12,355 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, C Greg Mottola, AIA Principal Cc: BCJ Team l % /L-Z V Steven Chaitow, AIA Project Manager OWNER: ARCHITECT: City of Newport Beach Bohlin Cywinski Jackson Signed: Signed: Printed Name: _ Printed Name: Gregory R. Mottola, AIA Title: Title: Vice President Date: Date: AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two "), is entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "CONSULTANT "), and is made with reference to the following: RFCITAI S- A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for architectural and consultant services for the second phase of the Newport Beach Civic Center & Park Development Plan Project ( "Project'). B. On July 12, 2010, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and increase the total compensation. C. City and Consultant desire to enter into this Amendment No. Two to reflect additional services not included in the Agreement or prior Amendment and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement and shall be amended hereby and the following is substituted in its entirety. The term of the Agreement shall terminate on December 31, 2011, unless terminated earlier as provided for in Agreement. 2. SCOPE OF WORK Section 2 of the Agreement and Section 1 of Amendment No. One shall be supplemented to increase the scope of services dated July 3, 2010, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and prior amendment, including all reimbursable items and subconsultant fees, shall not exceed Five Million, One Thousand, Nine Hundred Fourteen Dollars and no /100 ($5,001,914.00) without prior written authorization from City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Eight Thousand, Three Hundred Thirty Dollars and no /100 ($8,330.00), without prior written authorization from City. 4. INTEGRATED CONTRACT 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. Page 12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: By: Mynet a D--geau ( hamp, Assist/ant City- torney ATTEST: Date: g `v n By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation in G. Badum, Works Director CONTRACTOR: BOHLIN CYWINSKI JACKSON Date: l 6 A U& 20 I o By regory R. Mottola, Vice President By: &�� -�►1- W. Dan Haden, III., Vice President/Treasurer Attachment: Exhibit A - Additional Services to be Performed Page 13 EXHIRIT A Bohiin Cywinski Jackson Peter 0. Roblin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond. S. Calabro, AIA 3 July 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Command Center — AV programming Additional Services Proposal (BCJ Project 08519C x04) Dear Mr. Badum In the course of the Civic Center project, the space that will serve the City in an emergency situation has evolved through a series of iterations. In most recent history, at a meeting held on the ninth of April, direction was provided to change the name of this space to "Command Center" and expand the square footage. This change served as the basis for BCJ add service 08519C x 01. On the 15" June, another meeting was held to discuss the AV infrastructure of this space. In this meeting it became apparent that the users of this space were attempting to describe an AV infrastructure program that had not been expressed to date. While it is good these needs are being expressed, allowing the design team to meet the users' requirements, their introduction at this comparatively late stage in the design process has resulted in this request for additional services. Project Scope Audiovisual consultant Charles Salter Associates (CSA) will attend a meeting in Newport Beach to review the AV operational goals of the Command Center and discuss strategies for meeting these goals. At the end of this meeting there will be an agreed -upon implementation strategy for meeting these goals. CSA will then update the AV programming document to reflect the revised goals and update the drawings and specifications to reflect the implementation strategy. Please see CSA's proposal for additional scope description. BCJ will manage this process, coordinate CSA's efforts with the design team and the City, and attend the meeting with the City and CSA. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/F ax : 415.989.2101 Bohlin CVwinski Jackson 08519C x04 3 July 2010 Page 2 of 2 Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $8,330 based on the assumptions below: Services BCJ 01 hours 02 hours O1 hours [11i Reimbursables BCJ CSA Total Principal $285.00 per hour $285 Senior Associate $160.00 per hour $320 Associate $125.00 per hour $125 29 June 10 proposal $7,600 To be billed under base project (08519C) NA To be billed under base project (08519C) NA $8,330 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, � Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: f Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Title: Vice President Date: Date: 4 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVII AGREEMENT, ( "Amendment No. One ") is entered into as of this ay of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corpo tion ( "CITY "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California 94108 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On April 27, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for architectural and consultant services for the second phase of the Newport Beach Civic Center & Park Development Plan Project ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to increase the total compensation and update insurance requirements. C. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be be supplemented to include the Scope of Services dated May 21, 2010 which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory pargraph to Section 4 of the Agreement shall be amended hereby and the following is substituted in its entirety: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Nine Hundred Ninety -Three Thousand, Five Hundred Eighty -Four Dollars and no/100 ($4,993,584.00) without prior written authorization from City. 2.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty -Four Thousand, Three Hundred Seventy Dollars and no /100 ($44,370.00), without prior written authorization from City. 3. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000.00)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the 2 State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 (ten) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than oen million dollars ($1,000,000.00) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000;000.00) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 3 iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. 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. 4. INTEGRATED CONTRACT 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. 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ynef eauc amp, Assistant City A orney ot� ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation By: (�1 DaW A. Kiff, City Manager CONSULTANT: BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation By: r gory R. Mottola, Vice President W. Dan Haden, III., Vice President/Treasurer Attachments: Exhibit A - Audiovisual Consultation Proposal Exhibit B - Food Services Selection Proposal Exhibit C - Command Center Expansion Proposal ���\ fi '��� i,�. 1 ® (.. Bohlin Cywinski Jackson Peter O. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mollola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 21 May 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Council Chambers — Audiovisual Precedents Tour Additional Services Proposal (BCJ Project 08519C x03) Dear Mr. Badum: Recognizing the significant advances made in audiovisual technology since the construction of the existing Newport Beach Council Chamber, you, Dave Kiff and the design team have realized the benefit of becoming familiar with current AV options. This investigation will allow the City to determine the appropriate level of infrastructure appropriate for the City, allowing for efficient and well- conducted meetings without purchasing more than required to meet those goals. A lour of comparable facilities with follow -up discussion is proposed as a way to meet the City's objectives. Project Scope Audiovisual consultant Charles Salter Associates (CSA) will research appropriate comparable facilities for review in Orange County, then travel to Orange County to determine those that are most likely to be similar to what is desired for the Newport Beach Council Chamber. CSA and BCJ will then tour those selected with the City. This will be a 'hands on' lour that will allow for review of a variety of scenarios. Please see CSA's proposal for additional scope description. BCJ will manage this process, coordinate CSA's efforts with the design team and the City, and attend the tours with the City and CSA. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes- Barre / Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/F ax: 415.989.2101 Bohlin Cywinski Jackson 08519C x03 21 May 2010 Page 2 of 2 Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $8,140 based on the assumptions below: Services BCJ 02 hours Principal $285.00 per hour $570 02 hours Senior Associate $160.00 per hour $320 02 hours Associate $125.00 per hour $250 CSA 14 May 10 proposal $7,000 Reimbursables BCJ To be billed under base project (08519C) NA CSA To be billed under base project (08519C) NA Total $8,140 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, e"�� Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: _ Title: Dale: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: r�-i:rr3ri 3 Bohlin Cywinski Jackson Peter G. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA William 0. Loose. AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 21 May 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Food Facility Vendor Selection Services Additional Services Proposal (BCJ Project 08519C x02) Dear Mr. Badum In recent discussions with you and Dave Kiff, there has been a recognized benefit in procuring the services of a food service consultant to assist in the selection of a food service vendor for the cafe space in the library addition. The vendor will be asked to make use of the approximately 850 square feet available on two levels in this addition. At your request, we are providing this proposal for these services. Project Scope Food services consultant HDA Pacific will develop an RFP on behalf of the City for the procurement of a food service vendor for the cafe located in the library expansion. HDA will then work with the City through the proposal and interview process and assist in evaluation and selection of a vendor. Please see HDA's proposal for additional information. BCJ will assist in the management of this process, coordinate HDA's efforts with the design team and the City, and attend all client meetings with HDA. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Architecture Planning Interior Design 49 Geary Street — Suite 300 Wilkes - Barre /Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/Fax: 415.989.2101 Bohlin Cywinski Jackson 08519C x02 21 May 2010 Page 2 of 2 Project Fee This proposal is for a lime- and - material fee, with a not -to- exceed amount of $13,060 based on the assumptions below: Services BCJ 02 hours Principal $285.00 per hour $570 04 hours Senior Associate 5160.00 per hour $640 02 hours Associate $125.00 per hour $250 02 hours Staff 1 $105.00 per hour $210 stem Reimbursables BCJ HDA Total 26 April 10 proposal $9,950 To be billed under base project (08519C) NA $1,440 $13,060 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: _ Title: Date: Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: EXHIBIT C Bohlin Cywinski Jackson Peter Q. Bohlin, FAIA Bernard J. Cywinski, FAIA Jon C. Jackson, FAIA W. Dan Haden III, AIA Frank W. Grauman, AIA. William D. Loose, AIA Cornelius J. Reid, III AIA Karl A. Backus, AIA Gregory R. Mottola, AIA C. Roxanne Sherbeck, AIA Robert E. Miller, AIA Raymond S. Calabro, AIA 21 May 2010 Mr. Steve Badum, Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Project: Newport Beach City Hall Newport Beach Project Number xxx BCJ Project 08519C Subject: Command Center Expansion Additional Services Proposal (BCJ Project 08519C x01) Dear Mr. Badum: On the ninth of April, in a meeting regarding the command center, the users of this space expressed a need for a center larger than the one that had been shown and approved to date. BCJ and the City worked together to develop a program and diagram to meet the users' needs. The proposed expansion, approximately 775 square feet, will extend the basement east. The additional space will include a fire /dispatch center, a ham radio room and conference room. The command center will be reconfigured. TheCity had some internal discussion about the issue, then gave the design team the direction to move forward during our weekly coordination call on the 30th of April. The command center users also raised the possibility of adding a raised floor to the command center spaces. The City made a decision to not pursue this raised floor. It has not been included in this proposal. Project Scope The major changes are as follows: • Expansion of the basement envelope to the east in order to accept additional program. This will include reconsideration and redocumentation of the structural system and new details to capture the subterranean roof of this expansion. It will also require modification of existing systems (e.g. sub - surface drainage) to capture the new volume. • Modification of the existing command center and addition of the new program spaces listed above. This will require architectural and systems development of these spaces, as well as review with the City to discuss these new /modified program elements. Architecture Planning Interior Design 49 Geary Street— Suite 300 Wilkes- Barre /Pittsburgh /Philadelphia /Seattle /San Francisco San Francisco, California 94108 415.989.2100/ Fax : 415.989.2101 Bohlin Cywinski Jackson 08519C x01 21 May 2010 Page 2 of 3 The fee proposal provided includes the following assumptions: • The design team will implement the design changes directed by the City Council as described above. This will include redesigning the affected spaces at a schematic level, then bringing them back through the design development phase in order that they are at the same level of the rest of the project by issue of the next drawing set (50% CDs). • BCJ's scope includes time to meet with the City /users to discuss the development of the design for these additional spaces. It also includes time to design and document architectural changes, as well as meet with all disciplines affected regarding coordination of changes. • Arup will be providing services as part of this additional service. Their scope is indicated in their attached proposal dated 14 May 2010. • All disciplines not listed in this proposal have noted the delta in their work regarding the City Council's changes did not result in a significant change in their scope and they will therefore not be submitting proposal for additional services in connection with these changes. • This proposal covers the described scope through the completion of the CD phase. Bidding and CA for this additional scope will be covered in forthcoming proposal 08519D. Schedule There is no proposed change in schedule based on the scope described in this Additional Service. Project Fee This proposal is for a time - and - material fee, with a not -to- exceed amount of $23,170 based on the assumptions below: Services BCJ 02 hours Principal $285.00 per hour $570 10 hours Senior Associate $160.00 per hour $1,600 20 hours Associate $125.00 per hour $2,500 30 hours Staff 1 $105.00 per hour $3,150 30 hours Staff 11 $85.00 per hour $2,550 Arup 14 May 10 proposal $12,800 Reimbursables BCJ To be billed under base project NA Arup To be billed under base project NA Total $23,170 All reimbursable expenses generated in conjunction with this additional service will be billed to the main project (BCJ 08519C). Bohlin Cywinski Jackson 08519C x01 21 May 2010 Page 3 of 3 The BCJ team appreciates the continued opportunity to work with the Newport Beach community towards the realization of this exciting project. Please contact us if you have any questions or need additional information. Sincerely yours, Greg Mottola, AIA Principal Cc: BCJ Team OWNER: City of Newport Beach Signed: Printed Name: Title: Date: fit Steven Chaitow, AIA Project Manager ARCHITECT: Bohlin Cywinski Jackson Signed: Printed Name: Gregory R. Mottola, AIA Title: Vice President Date: PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ro NEWPORT BEACH CIVIC CENTER & PARK DEVELOPMENT PLAN PROJECT s PHASE TWO THIS AGREEMENT is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California, 94108 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to have design and construction documents developed for a new City Hall and Park to be located at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Hall Building and Park with the existing library facility ( "Project "). C. Both City and Consultant recognize that the Project is complex and will need to be completed in phases so that the City Council, committee members and the public will have input regarding the design and eventual construction of the Project. At this time, City desires to engage Consultant to provide professional services for the second phase of the Project, which consists of architectural and consultant services for the construction document phase of the Project. Both the City and Consultant recognize that this Agreement will need to be amended for additional phases of the Project which includes, but is not limited to, the preparation of schematic design, design development, a biddable set of construction documents, and support during the bidding and construction phases of the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Gregory R. Mottola, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 31st day of December, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) _ calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Nine Hundred Forty -Nine Thousand, Two Hundred Fourteen Dollars and no /100 ($4,949,214.00) without prior written authorization K from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated STEVEN D. CHAITOW to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 3 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office and Public Works Department. DAVID A. KIFF and /or STEPHEN G. BADUM shall be the Project Administrators and shall have the authority to act for City under this Agreement. The Project Administrators shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its S profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and . any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, 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 in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. fl D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. E 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 9 Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be 10 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 /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: 11 Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Stephen D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415 - 989 -2100 Fax: 415 - 989 -2101 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 12 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFF CE OF E CITY ATTORNEY B: �-teo ie Mulvihill, Assistant City Attorney ATTEST: A Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry, Mayor BOHLIN CYWINSKI JACKSON: By: Gregory R. Mottola, Vice President By: W. Dan Haden, III., Vice President/Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates iEl Boh!in Cywinski Paler 0 Sonan. RAIA Bernard Cy&fnskl. FAI.A Jan C' , Jackson. FAIA VP Dar, Ririden III. AIA Fran Y. W Grauman, AIA Wllllafn D LoOse, AIA Cornelius J Raid III AIA Karl A Backus. AIA Gragory R Mo:tora. AIA C Roxanne SnerbeCk. AIA Robart E. Mi'lar, AIA Raymond S Calaoro. ArA March 17, 2009 Mr. Stephen G. Badum Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Jackson ds m01e F�(iS SQL /, // / %O Subject: Newport Beach City Hall and Park (BCJ Project #: 08519C) Proposal for Construction Document, Bidding- en4- Gens twetiei+Admiaistfatioa4274ase Services (Exhibit A, B & C to PSA) Dear Mr. Badum, We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach on the new City Hall and Park project. We look forward to building on the work completed with you during the Concept Refinement, Schematic and Design Development Phases. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Construction Document (CD), B' Phases. This proposal contains the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B) and our Billing Rates and Reimbursable Expenses Budget (Exhibit C) for the CD, Bidding and CA Phases. We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be of service to you in your efforts to create a new civic center for the City. The pages that follow this letter describe our proposal, work plan and preliminary project schedule based on our discussions over recent weeks. Sincerely, Gregory R. Mottola, AIA Principal cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file Architecture Planning Interior Design Wilkes- Barre /Pittsburgh/Philadelphia /Seattle /San Francisco V Steven Chaitow, AIA Senior Associate 49 Geary Street, Suite 300 San Francisco, California 94108 -5729 415-989-2100/Fax: 415-989-2101 Behlin Cywinski Jackson Stephen G. Badum. P E. March 17 2010 Page 2 08519C — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services: EXHIBIT A — Scope of Services A. Project Scope and Budget Our proposal is based on the following project scope, budget, schedule and process assumptions: 1. As of the date of this proposal, the Project is about to conclude the Design Development Phase. See BCJ's proposal dated April 7, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the Schematic and Design Development phases scope of work. Prior to these two phases BCJ completed Concept Refinement services. Please see BCJ's proposal for Concept Refinement services, dated the January, 5, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of this first phase of work. 2. Design Scope: The new City Hall and Park for Newport Beach project will consist of four major components. This project shall lake the design concepts developed during the Concept Refinment, Schematic and Design Development Phases and continue to develop them in the subsequent phases. The Concept Refinement Phase design, scope and budget were approved by the city council on the 14'" of April, 2009. The Schematic Phase design, scope and budget were approved by the city council on the 24'" of November, 2009. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27'" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision by the design team prior to receipt of DD approval. The four major components are as follows: a. A new two -story City Hall Building that will consist of approximately 100,000 + /- square feet of building area. b. A three -story Parking Structure containing approximately 450 parking spaces. This garage has been designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design and Design Development phases. In the Construction Document and Construction phases a Design - Build Firm hired by the Program Manager will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. They will also be responsible for the construction of this garage. BCJ and its consultants will be reviewing the drawings and involved in the CA phase for conformance with design intent. c. Site development of approximately 17 acres that will integrate the library immediately to the south of the site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This includes the area to the south and west of the Library that was added in the Design Development Phase. d. A two -story addition to the existing Central Library located immediately to the south of the City Hall site. This addition will consist of approximately 15,000 square feet of building area. 3. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program and was refined, adjusted and approved as part of the Concept Refinement Phase. This program was refined during the Schematic Design Phase. A summary of these changes was provided in an email titled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 11" of December, 2009, included here as Exhibit "D ". This message included a summary of the changes that were approved by the City Council on the 241° of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities Needs Assessment, a file from the 12'" of May, 2009 called "Alternative Work Space" and files from the 17'" of September, 2009 containing program comments for the One - Stop -Shop, the Building Department and the Planning Department Bohlin Cywinsk) Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 3 In addition, the City provided some initial project information at the start of the Concept Refinement phase. This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and is included herewith by this reference. 4. Preliminary Project Budget: The Schematic Phase Project Information provided by the City of Newport Beach's Program Manager indicates the project budget to be in the range of $110 + /- million construction costs for the project, excluding soft costs. This breaks down to approximately $61.5M +/- for the City Hall Building, $16M +/- for the Parking Structure, $18M +/- for the Park, $8M +/- for the Central Library Addition, and $6.5M +/- for the significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over San Miguel as an additive alternate. 5. This proposal anticipates that at the conclusion of the Design Development Phase, the City of Newport Beach will provide BCJ with direction and approval to proceed with a project scope, budget and schedule that are clearly defined. BCJ will then proceed with the Construction Documentation, Bidding and Construction Administration Phase services. If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon which this proposal and the attached Agreement are based, the Basic Services compensation shall be adjusted subject to mutual agreement by the City of Newport Beach and BCJ. B. Project Design Team 1. This proposal includes the following Basic Services team, including Architect and the following core Consultant Team: a. Architect Bohlin Cywinski Jackson (BCJ) b. Structural Engineering Arup North America LTD (Arup) c. Mechanical /Electrical /Fire Protection Engineers Arup North America LTD (Arup) d. Cost Estimating C.P. O'Halloran Associates, Inc. (O'Halloran) 2. Other specialty consultants, such as the following, although not normally included in Basic Services scope, are also included as part of this proposal: e. Civil Engineer Arup North America LTD (Arup) I. Landscape Architect Peter Walker Partnership (PWP) g. Acoustical Design Charles M. Salter Associates (CSA) h. Audio Visual Systems Engineering Charles M. Salter Associates (CSA) i. Lighting and Daylighting Design Consultant Arup North America LTD (Arup) j. Telecom, Signal and Data Systems Consultant Arup North America LTD (Arup) k. Sustainability Arup North America (Arup) I. Security Systems Consultant TransTech Systems, Inc. (TransTech) m. Waterproofing Consultant Allana Buick & Bers, Inc. (ABB) n. Code Consultant The Fire Consultants (TFC) 3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with BCJ and its consultants: a. Program Manager CW Driver (CWD) b. LEED Document Coordinator CW Driver (CWD) c. Environmental Impact Report (EIR) Consultant LSA Associates (LSA) d. Geotechnical Engineer Leighton & Associates (Leighton) e. Surveyor Hall and Foreman (H &F) f. Traffic Consultant RBF Consulting (RBF) g. Commissioning Agent TBD Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 4 4. The following firms will be under direct contract with the Program Manager. The City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with the City, BCJ and its consultants: a. Design -Build Garage Firm TBD 5. BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by- phase schedule as the Architect. BCJ services made necessary by delays or out -of- sequence actions, changes or requests made by the City of Newport Beach's staff or separate consultants or contractors shall be compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as part of Basic Services. Additional meetings, if required, shall be compensated as Additional Services, subject to the terms of the PSA. C. Project Delivery 1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to subcontractors under the management of a Construction Manager with two bid packages containing scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by a Design - Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. This same firm will then construct the garage. BCJ and its consultants will provide review of these drawings and the construction for compliance with design intent. 2. If an alternate delivery method or changes to the scopes, quantity or schedule for bid packages are requested by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase is not included as part of Basic Services, and would be compensated as Addifional Services if requested by the City. The budget for the Cost of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple separate parts of the project or for separate bid packages. Bid Pkq No. Bid Package Scope Bid Package Schedule 1. Mass Excavation Package March 17` , 2010 2. Final GMP Package including the At completion of Construction Documents balance of the Construction Documents. DS Pkq No. Package Scope by others Package Schedule 1. Garage Approximately at completion of Bid Pkg 2 75% CDs D. Project Schedule 1. The Basic Services scope and fee is based on the schedule that includes milestone phase submittal dates, the City of Newport Beach review and approval time frames as detailed in Exhibit B. Changes to this schedule will require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement. Bonl(n Cywjnskj Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 5 2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant team meetings) included as part of Basic Services shall not exceed the quantity defined in the Exhibit B Work Plan. BCJ and Consultant attendance at additional meetings beyond the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses. Written authorization from the City of Newport Beach will be required prior to attendance at additional meetings, subject to the terms of the PSA. E. Construction Documents Scope of Basic Services 1. Upon written receipt of the City's approval of the Design Development Phase documents which includes approved site boundary, scope, schedule, budget and program, we will develop Construction Documents consisting of drawings and specifications. In addition to providing sections 2 -33, BCJ and Consultants will aid the City in generation and review of select Division One specifications. 2. We propose three submissions of documents during this phase as follows: a. 50% CD Set — Includes A &E drawings and full specifications. This will be a pricing and review set. b. Permit Review Set CD Set — Includes A &E drawings and full specifications. Per our conversations, this set will serve as the set issued for permit review. This will be the final pricing and review set. c. 100% CD Bid and Permit Set — Includes A &E drawings and full specifications. This will be the final CD set. 3. The City's Program Manager will provide cost estimating services after the 50% CO and 75% CD Phase documents are issued. BCJ's cost estimator will prepare a parallel estimate for the 50% CD estimate set only. An estimate reconciliation meeting will be conducted after both estimates are completed. BCJ's cost estimator will be available for consultation on an hourly basis (with a not -to- exceed cap) beyond once the 50% CD estimate process is complete. 4. BCJ will attend design review and other coordination meetings with the City in accordance with the draft work plan in Exhibit B. 5. Study models, perspective sketches, or digital modeling may be prepared in -house by BCJ during the Construction Document Phase to assist in facilitating understanding in work sessions with the City and communicating the design concepts to the City's Building Committee. If provided, such models and sketches would be working tools and would not be intended to be suitable for presentation for fundraising or other similar presentation purposes. Finished models, special drawings, renderings, brochures or digital animations for presentation purposes, if requested by the City, can be provided as an optional additional service. 6. Final Construction Documents: BCJ shall provide one bond copy of the 50 %, 75% and 100% CD sets to the City and the City's Construction Manager. BCJ will also post this information on the FTP site BCJ has established for communication with the City. 7. BCJ and its consultants will be providing review of the CD phase garage documents developed by the Design -Build firm. This scope will include review of two major 'milestone' sets, e.g. 50% and 75% CD for design intent. It also includes attendance at coordination meetings with the Design -Build firm indicated in the workplan attached as Exhibit 'B'. CJ's understanding that during this phase the City and their Construction Manager will b5jesHorMible for all bid i d rocurement and purchasing activities of this contract. Durin gdlt BCJ will provide services that will suppo efforts: a. Interpret Construction Documents. b. Issue addenda fired in an eight -week bidding period to clarify the bi is and /or ans questions of bidders. Beyond this, if the City requests design or scope changes Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 6 i documents that require significant revisions to the contract documents, these shall be incorpor4te'd into an ada nda as an additional service. BCJ shall provide one bond copy of each addenda -6r bulletins to th�e,City and the City's Construction Manager. BCJ will also post this inform t on the FTP site BCJ hatwestablished for communication with the City. The City's Construction Manager will then issue them-t9 the appropriate trade contractors. / c. Substitution requests will'not be permitted during the bid period and seres related to review of substitution requests during tf bidding phase are not included in thee scope of services. Such services, if requested by City will,be addressed as an additional s r' ce. J. If so requested by City, BCJ shall ssi in evaluating bids 0 e. Permitting -BCJ will assist with Building Pe mit A p i1 ation and coordinate the submission of permit documents to the corresponding agencies f. BCJ shall provide clarifications and /or,g�e°frections to permit drawings and specifications as required in response to plan check po'mments from theb s Building Department. g. It is understood that all required Permit fees for the Projecti`be paid for by City. h. The City will providieBCJ and consultants with any supporting inform ion required by the City's Building Depar�ent for permit filing purposes (i.e. plot plan of existing nditions, utilities, existing tree survveeyj�oiI report, etc.). , i. BCJ� alff I schedule and attend (up to 2) pre - application meetings with the Cityy�i ding Department prior to the actual Permit submission. The garage will be provided by the DB firm and will therefore have no bidding phase. 6:--eo nstruction-Ad mi h istration-Seope-of- Basic-Serviees D g the Construction Phase for the work described in this Proposal, which the Program Manager 5s estima to be a 104 week duration to final completion, BCJ will assist the City with administr�1 n of the construction tract for the work. These services, described below, begin with award c construction contract and vary epending on the stage of construction. As a constant, however, B will advise and consult with the City on the pro3liss and quality of the construction work and, when auth zed, will represent the City, but only to the extent set for elow: 1. Meetings and Site Visits: BCJ veil isit the Project site observe construction progress to attend job meetings and to a. BCJ will walk through the Project site dtlff< onstruction as often as is appropriate, in the Architect's professional judgment, bupWith pirlbkwritten approval of the City, to observe the Work in place at that time, to become ge ally familiar with it rogress and quality, and to determine whether it is in keeping with a intent of the Contract "or o ents. This proposal has a total of 99 site visits, plus an addit' al three site visits for punchlist activ at the end of the project budgeted as part o asic services. Additional site visits beyond thi antity shall be considered as an addition ervice. b. Architect distribute Field Orders, if any, and a Field Report after each site visit. c. Ac pting or Testing Work: Although BCJ may observe and point out actual or potential pro ms uring site walk - throughs, these walk - throughs are not construction inspections or a guarantee th Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 7 there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction th5Y does not conform to the Contract Documents, BCJ will recommend that the City not accept it/ d. Commurycations: / i a. Interpre lions: During Construction, BCJ will, upon request of the City or the Crstruction Manager, ((ovide written or graphic interpretations and clarification of our Cons�truction Documents.�l��hese interpretations will be consistent with 8CJ's intent as expressed in, or reasonably inf*&� Ie from our Construction Documents. The City and the onstruction Manager will communicate with BCJ in writing for any communication relevant t CJ's services. b. Bulletins: BCJ will us is Bulletin form to: 1) authorize minor chap ds in the Work (if there is no change in cost or time); 24 BCJ will issue supplemental instructi� (if there is no change in cost or time) in response to the )Construction Manager's requests f r interpretations and clarifications of our Construction Documents -3) confirm Architect's field orders; and d) request estimates /proposals. \ ��/ c. Documentation: During constructio ii��we will maintaipllogs of: 1) Addenda to the Contract for Construction; 2) Bulletins; 3) Confirmations of Fielfl /Orders; 4) Field Reports; 5) Meeting Notes; 6) Architectural Sketches; 7) ConstructibQ Manager's Requests for Information; 8) Contractor's Submittals; and 9) Construction Manager's S stitution Requests and make these available to the Project Team. Submittal Review: During Construction, BCYJ will review. various samples, product data and shop drawings that the Construction Docum�ts require the C�r�truction Manager to submit, to determine whether those items and the Trade Contractor's proposed methods of fabrication are consistent with BCJ's visual and aesthetic design oncept expressed in the Construction drawings and specifications. In advance of th construction work, the City will ?equire its Construction Manager to provide a Submittal Schedule utlining the Submittals for the Project Work, for the City's and BCJ's approval. 6. BCJ will conduct a field,Feview of the Work in order to assist the development of the P nch List and if necessary on follow -up field review, if I the City, includin eview of the Construction Manager's punch list items, to Completion. If J does not find the Work Substantially Complete, BCJ will Manager with �Cviously approved by >h irm Substantial oti he City. 7. BCJ will pr ide responses to RFI's, submittals, etc. that comply with industry standa s for timelines Review time for submittals can be managed only if the Construction Manage ro compl a submittal schedule at the beginning of the project so that BCJ can properly staff It administration effort. 8. BCJ will provide review of submittals and provide on -site construction observation for design intent for the parking garage. H. Environmentally Responsible Design Scope of Basic Services One of the goals of the Architect and its consultants is to design and document this project to be environmentally responsible. The City approves this goal subject to City approval of the measures proposed by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work. In addition, the City requires the Architect and its consultants to design and document the project with the goal of achieving US Green Building Council (USGBC) LEED certification. Formal application to and certification by the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In response, the City has agreed that the following consultants will be selected and retained to perform the tasks indicated, under contracts directly with either the City or the Program Manager: a. LEED is a measurement system designed by the US Green Building Council to define "green buildings ". The process requires that the Architect and the Contractor each provide, for the LEED work that is their Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 8 responsibility, an individual who is responsible for tracking, compiling and organizing the information and letter template . files that the USGBC uses to validate compliance with their rating system. In the outline below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager. b. In addition, the City has elected to have the Program manager serve as the LEED Documentation Coordinator for the project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program Manager's LEED Manager in assembling the electronic documentation required for submittal to USGBC for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the Architect's and Program Manager's compliance with LEED related requirements and procedures. c. A major component of LEED compliance is the proper operation of building systems and assemblies, so the process . also involves an individual employed to develop a plan for managing the installation, operation, and maintenance of those systems. For compliance with LEED EA Prerequisite 1., this individual is required to be engaged early in the project so as to be involved in during both design and construction. In the outline below that individual is called the Commissioning Agent. The City is in the process of retaining a separate consultant as the Commissioning Agent for the project. The Commissioning Agent will be responsible for: 1) Developing and managing the detailed Commissioning Plan in accordance with the general performance requirements defined in a performance specification prepared by the Architect's MEP Consultant. 2) Ensuring that the systems and assemblies installed are operable and maintainable. 3) Ensuring that the design intent, installation and O &M requirements are thoroughly documented. 4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the facility per the design intent and facility requirements. 2. LEED related services performed by the Architect and its Consultants, led by the Architect's LEED Manager, as part of Basic Services shall be as follows: a. Construction Documents Phase: 1) Develop Division One specification sections with input from the Owner, the LEED Documentation Coordinator, the Contractor's LEED Manager and the Commissioning Agent: a) Overall LEED Requirements of the Project. b) Review Construction Waste Management Plan and Indoor Air Quality Plan developed by the Program Manager's LEED Manager and Commissioning Agent. c) Coordinate with commissioning requirements developed by the Commissioning Agent. d) Coordinate refinement of LEED documentation requirements with LEED Documentation Coordinator. 2) Develop Divisions 2 -33 specification sections to include submittal requirements for LEED documentation items, which will be collected, reviewed, organized and assembled by the Contractor's LEED Manager, the Commissioning Agent or the LEED Documentation Coordinator for submittal to the USGBC. 3) Complete letter templates for design phases LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted design - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each design - related LEED point. 4) Coordination of the LEED- related construction costs with the Owner's budget for the Cost of the Work. b. Construction Administration Phase: 1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions regarding the construction documents requirements related to construction phase LEED issues: 2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of submittals regarding format and completeness of documentation to support USGCB certification will be by the LEED Documentation Coordinator and the Contractor's LEED Manager. 4-3ohlin Cywinsk) Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 9 3) Review construction documents requirements related to LEED related issues at Project Meetings. 4) Complete letter templates for construction phase LEED points that require the Architect's or Engineering Consultant's signature utilizing letter template formats provided by the LEED Documentation Coordinator. 3. The Construction Documents shall state that the Contractor's LEED Manager shall be responsible for reviewing, coordinating and tracking LEED requirements with the Contractor and /or their subcontractors regarding template, information /documentation or submittal issues including the following: 11 Coordinate with the LEED Documentation Coordinator on the tracking and status of compliance with LEED checklist points and the status of LEED related information, documentation and submittals required to support LEED construction - related points. 2) Complete letter templates for construction - related LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted construction - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, submittals, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each construction - related LEED point. 3) Review construction - related submittals for format and completeness relative to LEED documentation requirements for construction - related points. 4) Report on the status of LEED templates, information /documentation and submittals status to support LEED construction - related point at construction phase job meetings. 5) Collect, review and assemble final LEED submittals provided by the Contractor and Subcontractors for construction- related points for submittal to USGBC. 6) Correspond with USGBC for point and supporting documentation requirements clarifications. 3. LEED - Related Notes and Clarifications a. The initial review of mechanical and electrical system alternatives includes opinions on the relative merits of various alternatives. This information will be of a general nature and will not be based on detailed calculations and analyses. Such detailed calculations and analyses, if requested by the City, shall be compensated as Additional Services. 1) The Architect's MEP Consultant will investigate mechanical and electrical system options for the project. Order of magnitude life cycle cost analysis calculations to confirm relative comparisons of systems options will be provided as described in Arup's Sustainability Proposal, but formal analysis is not included as part of Basic Services. 2) The Architect's MEP Consultant will verify the "energy performance" LEED points via calculation based on final systems selections with computer modeling of the energy use of the proposed building including comparison runs of building envelope, fenestration, shading, HVAC system type, and other variables. This scope includes a maximum of 6 independent computer runs once the basic geometry of the building has been entered. Final simulation will include a comparison of a budget (ASHRAE 90.1 compliant) building to the proposed building. Final simulation report to be provided at Schematic Design and end of Construction Documents phases (total of 2). 3) Daylighting and Lighting Control Modeling: Computer modeling of natural lighting schemes including orientation, shading, glass type, reflectance geometry, and artificial lighting controls. Incorporation of these results into the energy model. All other services related to calculations, special analyses, constructability analyses, life cycle costing, energy analysis studies, environmental impact reports, analysis of owning, operating and maintenance costs, special research, cost estimates or reports related to validating green building design alternatives are not included as part of Basic Services. b. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order to satisfy USGBC requirements for additional information such as calculations or modeling. All services related to responding to any comments or requests by the USGBC for additional information on individual Bohiin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits! Page 10 LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic Services. c. All services required if the City elects to appeal any credit denied in the Final LEED Review are not included as part of Basic Services. d. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's LEED Manager or the Commissioning Agent are not included as part of Basic Services. e. All LEED related meetings are assumed to be part of the typical project meetings. If the City requests separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic Services, such meetings are to be compensated as Additional Services. f. All LEED related registration, application, appeal and other fees are not included as part of Basic Services and would be addressed as reimbursable expenses. 5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services shall be subject to the following limitations: a. The duration of the Commissioning Agent's specified scope of services shall include the entire construction period and a period of one year following Substantial Completion of the Project. For the duration of their services through Final Completion, the Commissioning Agent shall be the Program Manager's and City's point of contact for providing consultation and assistance as to any Work not performing as expected or that is discovered to be defective, and particularly in connection with the utilization of any equipment or system such as initial start-up and testing, adjusting and balancing, and maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program Manager to the City's satisfaction. I. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as a Contract Amendment Six / Exhibit A into the City of Newport Beach's Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our fee as a time and expense not -to- exceed fee, to be invoiced monthly based on hours spent completing the above described scope of work completed. Invoices for this work shall be in the same format as those used in the Concept Refinement, Schematic and Design Development Phases. 2. Substantial revisions to the building program and /or documents after completion of the phase and the City of Newport Beach's approval of the Design Development Phase, will be considered as an additional service. 3. If the City of Newport Beach or its Construction Manager causes the duration of the CD, Bidding or CA phases of work to substantially exceed what is specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule. 4. In order to achieve project schedule goals, the Construction Documents Phase will commence prior to the final approval of the Design Development Phase. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 271" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision prior to receipt of DD approval. 5. A fixed number of meetings are identified for this phase of the work. This proposal assumes that the attendees at these meetings are limited to the City's Project Manager and designated City Staff representatives and /or members of the Building Committee who can act on behalf of the various departments within the City Government, and the City's Program Manager. It does not include extensive meetings with City Staff and others beyond those outlined in Exhibit B. If the number of meetings for the phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. Bohiin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 11 B. Special presentation -style booklets, models, perspectives or renderings beyond those described above are not included as part of these services beyond BCJ's in -house design materials normally produced to convey design intent. Special Professional Renderings and /or Presentation Models, Animations, etc., beyond those described above can be provided as an additional service. 7. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City require the addition of any other specialty consultants, they can be provided as an additional service. 8. Furniture Design is not included in this proposal, however conceptual furniture plan layouts will be utilized in the Construction Documents Phase as part of the design of the building to verify functionality of spaces. 9. The survey or relocation of existing office equipment or furniture is not included as part of these services. 10. Services relative to future facilities, systems and equipment are not included as part of Basic Services. 11. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location planning purposes only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 12. Architectural survey of the existing buildings: We assume that the existing information on adjacent buildings is complete, available and deemed reliable for our use. 13. Land or property boundary survey is provided by the City is deemed reliable and accurate for our use. 14. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any error, omission or inconsistency in such services or information. 15. Services related to value engineering includes reviews with the City and Program Manager of relative cost information on scope, design and constructability alternatives on a continuous or "rolling" basis, proceeding from general to more detailed issues, as alternatives are evaluated and decisions are made during the Construction Documents, Bidding and Construction Administration Phases are not included in this proposal. All cost estimating services required related to the value engineering process will be provided by the Program Manager. All value engineering services after City approval of the Design Development Phase and all other services related to value engineering are not included as part of Basic Services other than the Architect's and the Architect's consultants' services required to comply with the City's budget for the Cost of the Work. 16. Documents shall be prepared according to BCJ office standards for construction documentation, which are in compliance with the industry standard of care, and where applicable, the City of Newport Beach Public Works Department's City Standards 'Design Criteria'. 17. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 18. BCJ will assist the City with Permit Applications through the City's Building Department. BCJ's assistance does not include payment of fees, tracking and reporting of permit status, preparation of special research studies, alternate designs, variances, special tests or documentation, surveys, or environmental studies and submissions, beyond those described herein, which services, if required by BCJ, will be considered as an additional service. 19. All services related to special studies, including construclabilily, analyses, life cycle costing, energy analysis studies, environmental impact reports and analysis of owning, operating and maintenance costs are not included as part of Basic Services except as required by standard requirements to obtain approvals/ permits from regulatory agencies and as required by services related to green building design as defined herein. Services related to performance -based criteria studies and analyses to obtain approvals/ permits from Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 12 regulatory agencies or establish energy equivalence for non- conforming buildings are not included as part of Basic Services and would be addressed as Additional Services if required. 20. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California Edison's'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that the City's Program Manager will submit required information for any Grant, Energy or other similar Programs. 21. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject will be included in City's agreement with the Contractor stating that if the Architect is required to provide drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses associated with providing the electronic files at the rate of $100 per sheet. 22. The Architect and some consultants will, at their sole discretion, elect to produce some or all of the construction documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized solely as an internal architect - consultant team tool. The model may be provided to the Program Manager solely as a convenience, after a CADD transfer agreement has been signed. The Program Manager may not distribute the BIM model to other subcontractors. The City and Program Manager acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction documents shall be traditional two- dimensional drawings and shall be the official, binding documents for the project. The issues related to the use of BIM will be reviewed with the City upon request. 23. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant Proposals and attached to this proposal as Exhibit A - Appendix. END OF EXHIBIT A 3ohiin Cywinski Jackson Stephen G.Badum,P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 13 EXHIBIT B — Project Schedule./ Work Plan: A. Project Schedule and Concept Refinement Phase Work Plan: Our proposal is based upon the following general overall project schedule as discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4/14/09 City Phase Approval: 4/14/09 Schematic Design Phase: 4115/09 — 8/14/09 City Phase Approval: 8/14/09 — 9/14/09 Design Development Phase: 9/15/09 — 2/18/10 City Phase Approval: 2/18/10 — 3/18/10 Bidding Package 1 — Mass Excavation 100% CD 1/29110 Upcoming: Bidding Package 1 — Mass Excavation Bid Set Package 1 — Construction Bidding Package 2 CD Phase: Bid Pkg 2 Final City Review Comments: DB Garage Package CD Phase DB Garage Package — Construction Bidding Package 2 — Balance of Docs Package 2 Construction 3/17/10 4/28/10 — 9/30/10 3/19/10 — 11/04/10 9/02/10 — 9/30/10 611/10 — 9/15/10 10/18/10 — 10/17/11 11/08/10 01/01/11 — 10/31/12 Based on the our current understanding of the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City of Newport Beach, this schedule will allow for construction to commence in January of 2011. A detailed draft work plan for the Construction Documents Phase is included below and defines the quantity and frequency of project meetings for each phase. Bohlin Cywinski Jackson Stephen G. Badum, RE March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 14 Newport Beach City Hall Exhibit B - Constructions Documents Draft Work Plan 05 Mar 10 edit Week, Week of Date J 'Mig 9 Events 1 22- Mar -10 25- Mar -10 ° Weekly project progress conference call with city representatives (2:00 p.m.) 2 .29- Mar -10 01 -Apr40 170%. DO Estimates Due ° 01- Apr -10 Weekly project progress conference call with city representatives (2:00 p.m.) - 3 ' 05- Apr -10 07 +08- Apr -10, 1 100% DO Estimate Reconciliation Meeting _ _ 100% DO Estimate Reconciliation Meeting ' ! - Hardware MeeOng inci gen assumptions, keying, operations assumptions Library Update �_ - Discussion of Council Chamber mock-up ' 09- Apr -10' Commissioning Agent Interviews - Tentative Date %PI, wCNumbla Showcase_____.._ - _mow_.___.. ... _ n.. _�..- ... r � ' 4 i 12 -Apr 10 ; 15 Apr 10 - -_ Weekly project progress conference call with city represenla0ves (2:00 p.m.) _ 5 19.- Apr -10 22- Apr -10. Completion rt of 100 /o`DD_: Cost Reductions Studies: i 22 Apr 10 t _.die Weekly project progress conference call with city representatives (2.00 p.m.) ' i -6 -26- Apr -10 27-Apr-16 Approyaf 6f DesignlD`avelopmenf_`P,haser - ' , 28 +29 Apr 10 # 2 7 Design Session 1 Building and Site Refinement 1 Architectural update meeting Suslalnabilfly meeting 1 Mechanical meeting 1_ _ I Plumbing meeting 1 _ Landscape meeting Crvd meeting t� I i Summary review with Design Committee Summary review with BuiltlingCOm� ' t I r ~ - J _ —` ' _ Nextsteps - 7 03=Ma 10 _ y I _ 06-May-10 _ _ _ y 1_` Weekly project progress conference call with city presentative (2:00 p.m.) -May_ Pi S May13 10 N_ Weeklyprolect progress conference callwith city representatives (2:00 Pm. =10 r _ # a _ Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 15 9 17- May - 1019 +20 - May -10- 3 Design Session 2- Technical Review _ - Architectural update meeting _ Garage - Design Build kick off coordination Electrical meeting _t Lighting meeting i Telecomm meeting 1 - Landscape meeting AV meeting 1 _._. - ! - Security meeting 1 _ -- t- Next steps - - Etect/Landscape/Telecom/AV /Secudty work session (design team) 10 t 24- May -10 - 27- May -10 1� E- Weekly project progress conference call with city representatives (2:00 p.m.) 11 31.May -10 ` 03- Jun -101 Weekly project progress conference call with city representatives (2:00 p.m.) 12 07-Jun-10! 10- Jun -101 Weekly project progress conference call with city representatives (2:00 p.m.) t i t 13 - 14- Jun -t0 ;16+17-Jun-10 i €_ ,_4 -- Design Session 3- Builtling +Site Refinement f ? Architectural update meeting - - _.- _, € Library meeting Coordination meetings with DB Garage Finn i Sustainabllity meeting. t - .. Users meeting 1 _ .. -.... COd a meeting 1 ` L Lan: tlscapa meeting ar d waro meeting 1 - Revew of Council Chamber mock -up - i Next steps i I E I 14 ` 21- Jun 40 a 24Jun -10 } ' , Weekly project progress conference call with city representatives (2 :00 p m ) v ,.t -_ 1_5 28-Jun -10; ' - Ot-Jul 10 - Issue 50% Phase 2 Construction Documents _ - - ~ 01Jul.101 : �{ _ - I Week) y pmjecl progress conference call with city representatives (2:00 p.m.) _ 16 05- Jul -10 1 07+08 - Jul -10 i r 5 t Design Session 4 - Review of 50% CD Drawings Arch itectural _ u pdate insetting Architectural Cost meeti ng re 50% CD set -- mat on meetings with DB Garage Finn ' - a t - Civil meeting 2 _. f Secuniy meeting 2 landscape Update meeting Next steps ( 17 i _. 12 -Jul 10 ; 15- Jul -10 E Weekly project progress conference call with city representatives (2D0 p.m.) 18 19Ju1 -10 22Ju1.10 �__1 _ 9 Weekly protect progres conference call with city representatives (2:00 p m ) — —_ _ __._—. 19 2J U1 1_ 0 2_ J—ul -10' D te._ i� ., _ _9 _ , .77I . W l Y P rrojai P o 9 re s conference call with GN representatives _(2:- 0_0 p m) _ Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits/ Page 16 20 02- Aug -10 05- Aug -10 Weekly project progress conference call with city representatives (2:00 p.m.) 21 09- Aug -10 11 +12. Aug -10 t 6 Design Session 5- Building +Site Refinements _ Architectural update meeting Coordination meetings with D Garage Firm S G _ y i Acoustic meeting 1 � { Mechanical meeting 2 Suslainability meeting 2„ -- Landscape meeting i J ! V.E. discussions T_ -!_— : �- Users meetings _2_ Summary review with Design Committee - ! ' Summary review with Building Committee �_� -- Next steps _ 22 1GAug -10 19-Aug-10-1 i E Weekly project progress conference call with city representatives (2:00 p.m.) —� 23 23- Aug -10 26- Aug -10 1 ?— z Weekly project progress conference call with city representatives (2:00 p.m.) 24 30-Aug -10 02- Sep -10_ _ Issue 75% Phase 2 Construction Documents _ 02- Sop-10.1 - - 1 - Weekly project progress conference call with city representatives (2:00 p.m.) . -.. 2 . . ._ P . . 5 i O6�Sep -t0 _ �OB +09 Se 10 ! 7 Design Session 6 Review of 75% CD Drawings j � ( 'Architectural u p date meeting i _ I ; Coortllnation meetings with DB Garage Firm i Cost meeting re 75h' set Meeting w Building Department re: Permit Review library meeting Code meeting 2 r _ j- -{-- i �y_ .Hardware meeting 2_ -. �_ —_- i ndscape meeting 9 Next steps i 26 •13- Sep -10 16-Sep40 t Weekly project prognss conference cull with city representatives_ (2:00 p.m_) 27 t 20- Sep-10 ` 23-Sep-10 r _ 'Weekly project progress conference call with _ city represenlal!ves (2:00p- it _- ,.�_Y,_ti _- 28, 27- Sep -10 27 Sep :10' CommentsRetumed omPhase 2I5 %'CD'Set. - 1 129+30-Sep-10! 8 ) Design Session 7 Technical Review v — t r t chilecluml update meeting r -Mee Coordlnati_on tings with DB Garage Firm _ - _ Meeting w Building Department re: Permit Review ! —_ t .. _._ _ I FJectiical meeting2 L Lighting meeting 2 - - —_- L Landscape meeting -- ITeiecom meeting I AV meetng 2 j J Security meeting 3 Bohlin Gywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 17 29 09- Oct -10 07- 00-10 Weekly project progress conference call with city representatives (2:00 p.m.) 30 11-0ct -70 140ctA0 _ Weekly project progress conference call vrith city representatives (2:00 p.m.) 31 78- 0c1 -10 20 +21- 0ct -10 9 • Deslgn Session 8 _ Building and Site Refinements 32 1 25- Oct -10 33 01- Nov -10 Archltectural update meeting I r Coordination meetings with DB Garage Firm PlumUing meeting 2 _ - Slru_ctural meeting 2 _ I Landscape_mee_ting I -Civil meeting 3 - _- _$ brary meeting - - - - -� I Next steps d y project progress conference call with city representatives (2:00 p.m.) 26- OCt-70 • � Weekl . y .__, .....,.______ - 04- Nov -10 , '.Issue Phase 2100%'Construclion Documents j Weekly project progress conference call with city representatives (2:00 p.m,) _ �• 9:00 am - 5:00 am meetirgs first eay 1•9 :00 am_ 3:00 am meettrgs s wnd day__ END OF EXHIBIT B Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 18 EXHIBIT C - Schedule of Hourly Rates /Fees: A. Schedule of Effective Hourly Rates The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's team. These rates are subject to annual updates according to each firm's compensation policies as mutually agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly rates. 1 Discipline — Architecture Bohlin Cywinski Jackson Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff II $ 85 Staff III $ 65 Office $ 75 2 Disciplines - Structural Engineering, M /E /P /FP, Civil, Sustainability, Telecomm, Lighting Arup North America LTD Principal $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineer $130 Graduate Engineer $110 Senior Drafter $120 Drafter s110 Clerical $ 85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architects P. Walker, Director $410 D. Findlay, Director $305 Partner $190 Associate $125 Landscape Architect $110 Staff $ 65 Archivist/Librarian $150 4 Discipline - Cost Estimating C.P. O'Halloran Associates, Inc. Principal $185 Associate $125 Senior Estimator $115 Assistant Estimator $ 95 Bohlin Gywinski Jackson Stephen G.Badum,P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits/ Page 19 5 Discipline — Building Code Consulting The Fire Consultants. Principal $190 6 Discipline - Waterproofing Consulting Alana Buick & Bers, Inc. Senior Principal $350 Associate /Principal $225 Consultant III $160 Consultant II $145 Administrative $ 70 7 Disciplines - Audiovisual and Acoustical Charles M Salter Associates, Inc. President $250 Sr. Vice - President $250 Vice - President $230 Director $230 Principal Consultant $190 Senior Consultant $145 Consultant $125 Technical Assistant $ 90 8 Discipline — Security Systems Consulting TransTech Systems, Inc. Principal $175 Engineer $145 CADD $ 95 Administration $ 75 Based on the above - described scope of work, budget and schedule and the Agreement terms and conditions, we request a professional services Hourly - not -to- exceed fee as detailed on the following sheets Hours and Fee for Newport City Hall Project - CD Bidding and CA Phases Sit. PaH iOn Swb di (Review On Mrs O Ribr BlHdingtian Hrs HrU¢ bidding Hs H� PeCeBIHtle Btltl a HS HO CredilEUlHtlo6nBFiboutHS Tolals stepnen G. Bndum, P.E. Mdma N, 2010 CO, Bidding and CO Praia EMie04l Page 20 0 119 3 4 ]a 4 t5 t 2 0 se 0 ]] 2 1 33 1 9 1J ) 2 in 50 0 893 1 14 6 132 a 9 17 4 56 56 0 0 Ia52 4 0 165 5 57J 1 33 1 99 0 BB 0 116 2 1 215 ] 1 0 0 1 B9 6 3J i 96 1 10 9 3 4 528,166 I—T1 60 , 1 I—an. $299,469 tell "M I 4585 b2. Ail $72,669 8191100 s. 1"5,040 IN 1 $27,382 4$,026 4111 —1 1 .,1 $12,912 83,766 .618,664 5393]4]9 fti T Structural Fees 5A6,200 $12,260 50 So 365,030 ^-SY 00 34T,100 $00,070 YYOeo 33"80 $90,005 - $2,06o -MY209 6o $0 $0 $757,025 } Mechanical& Plumbing I <Isea an lil—T� I 1T�t1 �� f IT M3P Fees 5261,190 $10,460 $0 so $76,640 '$1;]40 =sM, M $0 $0 '$0 $5,130 8190 54630 $5,280 86PP $4,40 2661 )90 Electrical PrinNnnl St(NI 14 F JIB �--T 1 1 1 1 1 1 1 I I , Structural Fees 5A6,200 $12,260 50 So 365,030 ^-SY 00 34T,100 $00,070 YYOeo 33"80 $90,005 - $2,06o -MY209 6o $0 $0 $757,025 } Mechanical& Plumbing I <Isea an lil—T� I 1T�t1 �� f IT M3P Fees 5261,190 $10,460 $0 so $76,640 '$1;]40 =sM, M $0 $0 '$0 $5,130 8190 54630 $5,280 86PP $4,40 2661 )90 Electrical PrinNnnl St(NI 14 F JIB �--T 1 1 1 1 1 1 1 I Electrical Foes $162,690 y9T 7 $5,650, so so $24,015 - 641460 $461860 $4,010 $0 - 12;666 $10,025 3260 3ads5 S4,660 3620 53,200 5297.0901 I Electrical Foes $162,690 y9T 7 $5,650, so so $24,015 - 641460 $461860 $4,010 $0 - 12;666 $10,025 3260 3ads5 S4,660 3620 53,200 5297.0901 Stephen 0. Bndum, PIE. Marth 17 2010 CD, Bidding and CC Phase Exhiblis l Page Sustainable Pnnira,d I e'd.1 1R suslamamO Idea sid,uza su snd t a 3,u au so $9,020 6480 4"w $5,005 5280 SD;OD6 So 50 50 so $D 50 $121 256 1 . I I hi at . III— I ,meddm Idea Lighting 531,240 XMIMP 510-5Bg $3,090 so so $3,195 dGo- , 51,600 6168 g9fio $0 30 $0 $1,920 5020 i14B0 $65896 Tf-1 f T fTl-1 I ITT- 1 T I Lighting Fees S]S;WO 5040 l B0— $3,110 s0 $0 S9,970 30 54,555 $7,600 30 SJ;590 55,Od0 30 83,046 51,680 so 6.1.4001 562,066) Daylighong r_�__r I �,•el I I I IL I TfI �mmmmgm�� -�� -�� Del vayugnung lade >ba,a, an a,daa CMI I e9nn $D $0 s0 s6,GB5 $D 51595 so $0 $0 30 So $0 so so SO 5]s 160 Civil Feda SO 0 $D $®$224,476 $tbd B6W4,620 SO 0 SO $O 40 9 $223.52 Aru Torola 1792646 5 Std 910 SO 40 1 &050 t BSI 522] 146 I $6,JSO .5133,73 5100 200 s2 566 $13 ,440 3 J60 -6 6B9 32,133,7809 Del Civil Feda SO 0 $D $®$224,476 $tbd B6W4,620 SO 0 SO $O 40 9 $223.52 Aru Torola 1792646 5 Std 910 SO 40 1 &050 t BSI 522] 146 I $6,JSO .5133,73 5100 200 s2 566 $13 ,440 3 J60 -6 6B9 32,133,7809 /} § § § - ; - ._ . , ° �B . § | ` ! ,. 8 : a | _ SEE= 31=5 , OSM _ ,_ _ . _ ; .... ,. Im. *T5a as Gas 33 SEE ■ _ as _ 0000 | _ ; 33,5 ,z Ban = 58=353 ,o ZEEB LLLLLil as . ; ; SSE TIES E_ ,Mou SS-ZEES ! 0000 _ _ ; as .563 so OSIS 3, v FREE .�aa WE 7. Q „ _ BE FEE 35 ; as _ ! ! ! EBB . up-355a . ! : . '65� . BE .33, 33 55TS as 3373 3335-03 B55 33 0363 35 E333 | f } 335 YEZZ ywyls ._ ;; ° ° as ° } | { EBB= - / |) ) / a# /) / /|\ R /( \ / /)! / / /(( / /f /i| Stephen D, 6adum, P.E. mcn 11, 2010 CD, aldding and CD Phase EIdbha I Page Waterprooting Consulting Fees $21,660 -GAO "'1"400 $6,980 Totals $2,019,949 30321969 50,036,686 591,366 .Optional So "Ices -Arup Hours and Fees Total Option Fare 118 360 —�30 6490 so 30.9!8 S12,680 90140 349;080 30 so So S1,4g0 S,7.. ..52,610 $0 so so 5114 ]]0 SO 64,041 §561,315 39P,94+h S664.831i $1,541,011 546,906\4660,Z6b, 1156,317 15,838^ 118,644\ $35,401 $6.66" SNAISIZTL6 1a7eF� CL� FEES = $ I/ 1/ 711 W,9 ORZlnev 3 11l/t�F OF — fO' &, 796- f7C[,OWZ1AR' -G `CS2 �- 1'i— G129D /NGa= */00100 C� ��M6u2sR(3GES {�, 3�5, ooc? -7c->T!?L TJ /s Go.�Ti2 T = 7T' 3 9 L/ Invur ffikFFV Rnte s CC Hre I aid Hr. CA Mrs Sustainable Consultant principal $30 Associate principal $gt Associate 519 Senior Fr sneer $160 40 Engineer. $130 24 Graduate Engineer $110 Senior Drafter $120 Drafter 5110 Clerical SS 6 Total Sustainable Fees $10030 SO SO 510,050 Total Option Fare 118 360 —�30 6490 so 30.9!8 S12,680 90140 349;080 30 so So S1,4g0 S,7.. ..52,610 $0 so so 5114 ]]0 SO 64,041 §561,315 39P,94+h S664.831i $1,541,011 546,906\4660,Z6b, 1156,317 15,838^ 118,644\ $35,401 $6.66" SNAISIZTL6 1a7eF� CL� FEES = $ I/ 1/ 711 W,9 ORZlnev 3 11l/t�F OF — fO' &, 796- f7C[,OWZ1AR' -G `CS2 �- 1'i— G129D /NGa= */00100 C� ��M6u2sR(3GES {�, 3�5, ooc? -7c->T!?L TJ /s Go.�Ti2 T = 7T' 3 9 L/ E�Z M1 Ulf H O U 5 0 O V a J M 9 Eat - aui m A C O O _ 6 U 'E 9 O 3rg2�UU 6 f Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 25 EXHIBIT C Project Name: Project No.- Date: NEWPORT BEACH CIVIC CTR + PARK - CD -B-CA Phases 108519C 03!0512010 INITIAL REIMBURSABLE EXPENSES ESTIMATE (SEE NOTE 1) ATTACHMENT (to proposal) Item No. Descriptlon Amount I No. of Days Total Remarks Person I Mlles BCJ Travel Expenses per 2 -Day Trip Transportation to /from airport in SF $45.00 2 - - $90.00 1 Parking al airport- --���-- -�_�__. $22.00 - �- -�.. _3 � -� 566.00 a -'- 2 Cab fare / cerrental $75.00 2 $1-50.00.- 3 Food - $75.00 " -- -2. _ -- - $150.0 - _ 4 Hotel per night' -' -� -- —_ -_ -� -� _ S240.00 -�� -2 - -- -- $480.00 -- 5 Plane Fare (see Note f f - S500.00 1 _ $500.00 - Total per person per two day trip - - �- - - -- - - -- - $1,43660 - BCJ Travel Expenses per 1 -Day Trip Transportation to /from airport in SF - $45.00 -- 2 $90.00 -- - 1 Parking at airport ---�- -_.-- - - $22.00 -_ -2. 2 Cab fare / car nirial - $75.00 1 $75.00 3 Food - - -� - -' -_ -_ - � � - - $75.00 1 $75.00 - 4 Hotel per night � - _ 5240 0 0 _ _ _ - 5 _ _ Plane Fare (see Note 1) - $500.66 1 $500.00 _._._.._ .. Total per..., r.._,___ ..__�___._____._.__.._.._._.... P. Person per one day trip _ ...,- .- ._,.,._ .,, _.. ' $1,024.00 BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE P CD- Bidding -CA PHASES People X No. of Trips CD 9 2-day trips. 4 people /trip _ -- - "-�- - - S1,436.00 - - 30 - _ 1�1 -day trips; 3 people /trip - 3 53,072.00 '- CD Sl.024.00 -64.-36- ---- - - - --00 ---__. -° - - , - 4.43-6.0 36 - — - 64'64 _ _ - 'Fdaylnps;3�peeplelhi ° -. -_ -- — ___.—.. .- People X No. 6464 --'6464'"-'- -- --- '6464---64 64 Additional Trips (If Required) of Trips _,._.__�..v._._._T____.�.w..`.. All Expenses are Additional Services _. �.,._._... NIC NIC NIC BCJ ESTIMATED TOTAL FOR TRAVELILODG'INGIMEALS ' - 690 ISEE NOTE 2�- 6464 -_ 6464--.. — .�;Y176S00.—_._- BCYTOTAL INITIAL REIMBURSABLE EXPENSES '- $150,000.00 ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONEIFAX, MAIL (REGULAR AND EXPRESS), PHOTOS /PRINTS PER BCJ PROPOSAL �. PWP Landscape Architects TOTAL INITIAL REIMBURSABLE EXPENSES ESTIMATE S08,61G:04 t(o S' Y?Z '� Arup MEPIStructuraUCivil /Lighting TOTAL INITIAL $70,000.00 REIMBURSABLE EXPENSES ESTIMATE Bohlitl CjIwinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 26 C.P. O'Halloran Assoc. TOTAL INITIAL REIMBURSABLE $0.00 EXPENSES ESTIMATE The Fire Cons sultants TOTAL INITIAL REIMBURSABLE- - � � - $1,500.00 EXPENSES ESTIMATE ... _ Charles Salter &Asso ciates Acousti _c_ a l - C onsulht g � - $4,000.00 - - .. . _.._._W Charles. Salter &Associates -Audio Visuah5ystems $5,000.0 . 0 ..._ ._. - _.__ . ... .. .. __- ---_ -- Allana Buick Berra -Waterproof ing .�_Cons_. . ultant � - $12,300.00 Transtech S stems Security Consultant _ $1,950.00 REIMBURSABLE EXPENSES ESTIMATE (see Note 3) .. 4 365,. ooa Nate 1:Reimburssbte expenses include the following: - BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephoneffax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photos /prints. .._, _ _ _...,._ e sti _ -_ _.._.__.._ .... , _. _. -...,_.. -nd Note 2: Plane fare costs are estimated based on minimum two week advanced' notice to BCJ of all meeting dates and on" ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: ifihis initial projected amount for -BCJ andlor Consultants reimbursable expenses is exceeded, (i.e. due to revisions. to the quantity of or schedule for BCJ and /or Consultants .meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to -exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at multiple of 1 A 0 times the expenses Incurred. ' Upon Receipt of the City of Newport Beach's written approval and authorization to proceed. BCJ will commence this work. I (_END OF EXHIBIT _......, 4� J CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT tt+ �Z I pin Agenda Item No. 22 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum@newportbeachca.gov 949 - 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT —APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES — CONSTRUCTION DOCUMENTS AND SUPPORT RECOMMENDATIONS: 1) Approve the 100% Design Development phase plans. 2) Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for the architectural design services including Construction Document preparation at a not to exceed price of $4,949,214 and authorize the Mayor and City Clerk to execute the Agreement. 3) Approve Budget Amendment No. BA10- appropriating $949,214 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410- 01002009. DISCUSSION: On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the architect for the Newport Beach Civic Center Project. Since that selection, BCJ has successfully completed the Conceptual Design, Schematic Design, and Design Development phases of the Civic Center project. The 100% Design Development Plans are now complete to the satisfaction of the City Council Building Committee and City staff. The next step in the design process is the preparation of construction documents which will include plans and specifications for the various bid packages to construct the Civic Center project. In general, the work scope includes preparing construction plans and specifications based upon the City Council approved 100% Design Development plans and providing construction support during the grading operations. The work scope will also include the preparation of construction plans and documents for bidding purposes and the continued incorporation of project refinements and value engineering as proposed by the City Council Building Committee and City Hall design team. Newport Beach Civic Center Project - ..pproval of Professional Services Agreement with Boi. Cywinski Jackson for Architectural Design Services — 'Construction Documents and Support April 27, 2010 Page 2 The project schedule anticipates the continuation of weekly coordination meetings with staff and periodic meetings with the City Council Building Committee. A more detailed work scope and tentative schedule is included in Exhibit B within the attached Professional Services Agreement (PSA). The proposed fee for the Construction Document and Construction Support services including listed subconsultants and anticipated reimbursable expenditures is at a total 'not to exceed' cost of $4,949,214. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit C of the attached PSA, which are the same as the billing rates in the current contract. Project Schedule & Phase Work Plan: This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4/14/09 Schematic Design Phase: 4/15/09 — 9/14/09 Design Development Phase: 9/15/09 — 3/18/10 Bidding Package 1 — Mass Excavation 100% Construction Documents: 1/29/10 Bidding Package 1 — Mass Excavation Bid Set 3/17/10 Upcoming: Package 1 — Construction 4/28/10 — 9/30/10 Bidding Package 2 - CD Phase: 3/19/10 — 11/04/10 Bid Package 2 - Final City Review Comments: 9/02/10 — 9/30/10 DB Garage Package - CD Phase 6/1/10 — 9/15/10 DB Garage Package — Construction 10/18/10 — 10/17/11 Bid Package 2 — Balance of Docs 11/08/10 Package 2 - Construction 01/01/11 — 10/31/12 Environmental Review: Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Newport Beach Civic Center Project - .pproval of Professional Services Agreement with Boi :.ywinski Jackson for Architectural Design Services — Construction Documents and Support ApH127,2010 Page 3 Funding Availability: CIVIC CENTER DESIGN COSTS TO DATE WITH BCJ Design Competition $50,000 Pre-Design Phase: Refining Conceptual Design $647,675 Schematic Design and Design Development $4,945,426 Construction Documents $4,849,214 Design Subtotal = $10,492,315 % of estimated construction value = 10% Construction Support for Grading $100,000 Total $10,592,315 With this final phase, the City will have encumbered approximately $10.5 million in design and construction support costs with BCJ. The total encumbered for the design of the project will be $10,492,315 or 10% of the estimated value of construction. The 10% of construction cost value is consistent with industry standards for projects of this magnitude and high levels of public involvement. There is approximately $4,000,000 available in the current budget for this purpose. With the approval of the recommended Budget Amendment in the amount of $949,214, sufficient funds are available in the following account: Account Description Newport Beach Civic Center Submitted by: Account Number Amount 7410- C1002009 $ 4,949,214 Attachments: PSA with BCJ, including work scope, schedule and fee exhibits Budget Amendment 'Based upon Early Schematic const. estimate, $105 million CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum@newportbeachca.gov 949 -644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT— APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES — CONSTRUCTION DOCUMENTS AND SUPPORT RECOMMENDATIONS: 1) Approve the 100% Design Development phase plans. 2) Approve a Professional Services Agreement with Bohlin Cywinski Jackson, of San Francisco, California, for the architectural design services including Construction Document preparation at a not to exceed price of $4,949,214 and authorize the Mayor and City Clerk to execute the Agreement. 3) Approve Budget Amendment No. BA10 -_ appropriating $949,214 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410 - C1002009. DISCUSSION: On November 25, 2008, City Council selected Bohlin Cywinski Jackson (BCJ) as the architect for the Newport Beach Civic Center Project. Since that selection, BCJ has successfully completed the Conceptual . Design, Schematic Design, and Design Development phases of the Civic Center project. The 100% Design Development Plans are now complete to the satisfaction of the City Council Building Committee and City staff. The next step in the design process is the preparation of construction documents which will include plans and specifications for the various bid packages to construct the Civic Center project. In general, the work scope includes preparing construction plans and. specifications based upon the City Council approved 100% Design Development plans and providing construction support during the grading operations. The work scope will also include the preparation of construction plans and documents for bidding purposes and the continued incorporation of project refinements and value engineering as proposed by the City Council Building Committee and City Hall design team. Newport Beach Civic Center Project — Approval of Professional Services Agreement with Bohlin Cywinsld Jackson for Architectural Design Services — Construction Documents and Support April 27, 2010 Page 2 The project schedule anticipates the continuation of weekly coordination meetings with staff and periodic meetings with the City Council Building Committee. A more detailed work scope and tentative schedule is included in Exhibit B within the attached Professional Services Agreement (PSA). The proposed fee for the Construction Document and Construction Support services including listed subconsultants and anticipated reimbursable expenditures is at a total 'not to exceed' cost of $4,949,214. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit C of the attached PSA, which are the same as the billing rates in the current contract. Project Schedule & Phase Work Plan: This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15109 — 4114/09 Schematic Design Phase: 4/15/09 — 9/14/09 Design Development Phase: 9/15/09 — 3/18/10 Bidding Package 1 — Mass Excavation 100% Construction Documents: 1/29/10 Bidding Package 1 — Mass Excavation Bid Set 3/17/10 Upcoming: Package 1 —Construction 4/28/10 — 9/30/10 Bidding Package 2 - CD Phase: 3/19/10 — 11/04/10 Bid Package 2 - Final City Review Comments: 9102/10 — 9/30/10 DB Garage Package - CD Phase 6/1/10 — 9/15/10 DB Garage Package — Construction 10/18/10 — 10/17/11 Bid Package 2 — Balance of Docs 11/08/10 Package 2 - Construction 01/01111 — 10/31/12 Environmental Review: Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Newport Beach Civic Center Project — Approval of Professional Services Agreement with Bonin Cyvinski Jackson for Architectural Design Services — Construction Documents and Support April 27, 2010 Page 3 Funding Availability: CIVIC CENTER DESIGN COSTS TO DATE WITH BCJ Competition $50,000 -Design Phase: Refining Conceptual Design $647,675 -Pre-Design Schematic Design and Design Development $4,945,426 Construction Documents $4,849,214 Desi n Subtotal = $10,492,315 % of estimated construction value = 10% Construction Support for Grading $100,000 Total $10,592,315 With this final phase, the City will have encumbered approximately $10.5 million in design and construction support costs with BCJ. The total encumbered for the design of the project will be $10,492,315 or '10% of the estimated value of construction. The 10% of construction cost value is consistent with industry standards for projects of this magnitude and high levels of public involvement. There is approximately $4,000,000 available in the current budget for this purpose. With the approval of the recommended Budget Amendment in the amount of $949,214, sufficient funds are available in the following account: Account Description Newport Beach Civic Center Submitted by: Account Number Amount 7410- C1002009 $ 4,949,214 Attachments: PSA with BCJ, including work scope, schedule and fee exhibits Budget Amendment 'Based upon Early Schematic const. estimate, $105 million PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR NEWPORT BEACH CIVIC CENTER 8, PARK DEVELOPMENT PLAN PROJECT PHASE TWO THIS AGREEMENT is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BOHLIN CYWINSKI JACKSON, a Pennsylvania Corporation whose address is 49 Geary Street, Suite 300, San Francisco, California, 94108 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to have design and construction documents developed for a new City Hall and Park to be located at the vacant 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Hall Building and Park with the existing library facility ( "Project'). C. Both City and Consultant recognize that the Project is complex and will need to be completed in phases so that the City Council, committee members and the public will have input regarding the design and eventual construction of the Project. At this time, City desires to engage Consultant to provide professional services for the second phase of the Project, which consists of architectural and consultant services for the construction document phase of the Project. Both the City and Consultant recognize that this Agreement will need to be amended for additional phases of the Project which includes, but is not limited to, the preparation of schematic design, design development, a biddable set of construction documents, and support during the bidding and construction phases of the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Gregory R. Mottola, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 31st-day of December, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) . calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Million, Nine Hundred Forty-Nine Thousand, Two Hundred Fourteen Dollars and no /100 ($4,949,214.00) without prior written authorization 2 from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated STEVEN D. CHAITOW to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 3 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office and Public Works Department. DAVID A. KIFF and /or STEPHEN G. BADUM shall be the Project Administrators and shall have the authority to act for City under this Agreement. The Project Administrators shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its II profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, 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 in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. Ll 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 N Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be 10 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 /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: 11 Attn: Steve Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 -644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Stephen D. Chaitow Bohlin Cywinski Jackson 49 Geary Street, Suite 300 San Francisco, CA 94108 Phone: 415 - 989 -2100 Fax: 415 - 989 -2101 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, 12 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: O CE OF E CITY ATTORNEY: e ie Mulvihill, Assistant City Attorney ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry, Mayor Gregory R. Mottola, Vice President W. Dan Haden, III., Vice President/Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 Bohlin Cywinski Peter 0. Bahlin, FAIA Bernard J. Cymnski. FAIA Jon C. Jackson. FAIA W. Dan Haden ill, AIA Frank W. Grauman, AIA William 2 Loose, AIA Cornelius J. Reid III, AIA Karl A. Backus. AIA Gregory R. Motlola. AIA C. Roxanne Sherback, AIA Robert E. Miller, AIA Raymond S. Calabro. AIA March 17, 2009 Mr. Stephen G. Badum Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Jackson ltrvsm A6PosA - y11 110 Subject: Newport Beach City Hall and Park (BCJ Project #: 08519C) Proposal for Construction Document, e Services (Exhibit A, B & C to PSA) Dear Mr. Badum, We are pleased to have the opportunity to continue our collaboration with you and the City of Newport Beach on the new City Hall and Park project. We look forward to building on the work completed with you during the Concept Refinement, Schematic and Design Development Phases. Based on our conversations with you we are submitting the following proposal for Architectural and Consultant Services for the Construction Document (CD), B' Phases. This proposal contains the scope of tasks and deliverables (Exhibit A), a work plan and schedule (Exhibit B) and our Billing Rates and Reimbursable Expenses Budget (Exhibit C) for the CD, Bidding and CA Phases. We are pleased to present this proposal to the City of Newport Beach and we appreciate the opportunity to be of service to you in your efforts to create a new civic center for the City. The pages that follow this letter describe our proposal, work plan and preliminary project schedule based on our discussions over recent weeks. Sincerely, ell�� Gregory R. Mottola, AIA Principal cc: Dave Kiff, City Manager; Peter Bohlin, Daniel Lee, file Architecture Planning Interior Design 4Vilkes- Barre / Pittsburgh /Plliladelphia/Seattle /San Francisco 49 Geary Street, Suite 300 San Francisco, California 94108 -5729 415-989-2100/Fax: 415-989-2101 Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Page 2 08519C — Newport Beach City Hall and Park - Schematic Design and Design Development Phase Services: EXHIBIT A — Scope of Services A. Project Scope and Budget Our proposal is based on the following project scope, budget, schedule and process assumptions: 1. As of the date of this proposal, the Project is about to conclude the Design Development Phase. See BCJ's proposal dated April 7, 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the Schematic and Design Development phases scope of work. Prior to these two phases BCJ completed Concept Refinement services. Please see BCJ's proposal for Concept Refinement services, dated the January, 5„ 2009, included with the main Professional Services Agreement (PSA) as Exhibit A, for the scope of this first phase of work. 2. Design Scope: The new City Hall and Park for Newport Beach project will consist of four major components. This project shall take the design concepts developed during the Concept Refinment, Schematic and Design Development Phases and continue to develop them in the subsequent phases. The Concept Refinement Phase design, scope and budget were approved by the city council on the 10 of April, 2009. The Schematic Phase design, scope and budget were approved by the city council on the 20 of November, 2009. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision by the design team prior to receipt of DD approval. The four major components are as follows: a. A new two -story City Hall Building that will consist of approximately 100,000 + /- square feet of building area. b. A three -story Parking Structure containing approximately 450 parking spaces. This garage has been designed and documented by BCJ and its consultants in the Concept Refinement, Schematic Design and Design Development phases. In the Construction Document and Construction phases a Design - Build Firm hired by the Program Manager will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. They will also be responsible for the construction of this garage. BCJ and its consultants will be reviewing the drawings and involved in the CA phase for conformance with design intent. c. Site development of approximately 17 acres that will integrate the library immediately to the south of the site, the proposed city hall and garage with a new 12 acre park north of the City Hall and garage. This includes the area to the south and west of the Library that was added in the Design Development Phase. d. A two -story addition to the existing Central Library located immediately to the south of the City Hall site. This addition will consist of approximately 15,000 square feet of building area. 3. Program: The Newport Beach Civic Center City Hall Facilities Needs Assessment Document dated August 9, 2002 prepared by Griffin Advisors, and as updated with revision date 2008 formed the basis of the City Hall program and was refined, adjusted and approved as part of the Concept Refinement Phase. This program was refined during the Schematic Design Phase. A summary of these changes was provided in an email titled 'Newport Beach Civic Center - Status' sent by BCJ to the City on the 111h of December, 2009, included here as Exhibit "D ". This message included a summary of the changes that were approved by the City Council on the 24" of November, 2009 and included a 2009 update to the Newport Beach Civic Center City Hall Facilities Needs Assessment, a file from the 12" of May, 2009 called "Alternative Work Space" and files from the 171" of September, 2009 containing program comments for the One - Slop -Shop, the Building Department and the Planning Department. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page In addition, the City provided some initial project information at the start of the Concept Refinement phase. This list of documents was included in the Concept Refinement Phase Proposal Exhibit A, Paragraph A.2, and is included herewith by this reference. 4. Preliminary Project Budget: The Schematic Phase Project Information provided by the City of Newport Beach's Program Manager indicates the project budget to be in the range of $110 +1 - million construction costs for the project, excluding soft costs. This breaks down to approximately $61.5M +/- for the City Hall Building, $16M +/_ for the Parking Structure, $18M +/_ for the Park, $8M +/_ for the Central Library Addition, and $6.5M +/_ for the significant mass excavation / site preparation. The scope also includes $2.5M for a pedestrian bridge over San Miguel as an additive alternate. 5. This proposal anticipates that at the conclusion of the Design Development Phase, the City of Newport Beach will provide BCJ with direction and approval to proceed with a project scope, budget and schedule that are clearly defined. BCJ will then proceed with the Construction Documentation, Bidding and Construction Administration Phase services. If the City of Newport Beach approves revisions to the project scope, budget, schedule or other factors upon which this proposal and the attached Agreement are based, the Basic Services compensation shall be adjusted subject to mutual agreement by the City of Newport Beach and BCJ. B. Project Design Team 1. This proposal includes the following Basic Services team, including Architect and the following core Consultant Team: a. Architect Bohlin Cywinski Jackson (BCJ) b. Structural Engineering Arup North America LTD (Arup) c. Mechanical /Electrical/Fire Protection Engineers Arup North America LTD (Arup) d. Cost Estimating C.P. O'Halloran Associates, Inc. (O'Halloran) 2. Other specialty consultants, such as the following, although not normally included in Basic Services scope, are also included as part of this proposal: e. Civil Engineer Arup North America LTD (Arup) I. Landscape Architect Peter Walker Partnership (PWP) g. Acoustical Design Charles M. Salter Associates (CSA) It. Audio Visual Systems Engineering Charles M. Salter Associates (CSA) i. Lighting and Daylighting Design Consultant Arup North America LTD (Arup) j. Telecom, Signal and Data Systems Consultant Arup North America LTD (Arup) k. Sustainability Arup North America (Arup) I. Security Systems Consultant TransTech Systems, Inc. (TransTech) m. Waterproofing Consultant Allana Buick & Bars, Inc. (ABB) n. Code Consultant The Fire Consultants (TFC) 3. The following consultants will be under direct contract with the city of Newport Beach. The City or the City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with BCJ and its consultants: a. Program Manager CW Driver (CWD) b. LEED Document Coordinator CW Driver (CWD) c. Environmental Impact Report (EIR) Consultant LSA Associates (LSA) d. Geotechnical Engineer Leighton & Associates (Leighton) e. Surveyor Hall and Foreman (H &F) f. Traffic Consultant RBF Consulting (RBF) g. Commissioning Agent TBD Bohlin Cywinski Jackson Stephen G.Badum,P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 4 4. The following fines will be under direct contract with the Program Manager. The City's Program Manager will be responsible for providing direction to these firms and coordinating their efforts with the City, BCJ and its consultants: a. Design -Build Garage Firm TBD 5. BCJ's scope of work shall be completed in unison with concurrent services being provided by the City of Newport Beach's own staff or separate consultants or contractors in accordance with the same phase -by- phase schedule as the Architect. BCJ services made necessary by delays or out -of- sequence actions, changes or requests made by the City of Newport Beach's staff or separate consultants or contractors shall be compensated as Additional Services, subject to the terms of the PSA. All meetings with the City of Newport Beach's separate consultants shall take place as part of the quantity of meetings included by the Architect as part of Basic Services. Additional meetings, if required, shall be compensated as Additional Services, subject to the terms of the PSA. C. Project Delivery 1. The basis of this proposal assumes that the construction procurement shall be by competitive bidding to subcontractors under the management of a Construction Manager with two bid packages containing scopes as outlined below for all work except the parking garage. The garage CD package is to be provided by a Design - Build firm that will be responsible for taking BCJ's Design -Build bridging documents and developing them into CD phase construction documents. This same firm will then construct the garage. BCJ and its consultants will provide review of these drawings and the construction for compliance with design intent. 2. If an alternate delivery method or changes to the scopes, quantity or schedule for bid packages are requested by the City, the Architect shall be entitled to additional compensation, the amount of which shall be subject to mutual agreement. Other than as outlined below, preparing construction documents as multiple bid packages for alternate, separate or sequential bids, or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase is not included as part of Basic Services, and would be compensated as Additional Services if requested by the City. The budget for the Cost of the Work shall be for the project as a whole, not a series of individual fixed construction budgets for multiple separate parts of the project or for separate bid packages. Bid Pkq No. Bid Package Scope Bid Packaoe Schedule 1. Mass Excavation Package March 17 , 2010 2. Final GMP Package including the At completion of Construction Documents balance of the Construction Documents. DB Pkq No. Package Scope by others Package Schedule 1. Garage Approximately at completion of Bid Pkg 2 75% CDs D. Project Schedule 1. The Basic Services scope and fee is based on the schedule that includes milestone phase submittal dates, the City of Newport Beach review and approval time frames as detailed in Exhibit B. Changes to this schedule will require an adjustment in BCJ's fee, the amount of which shall be subject to mutual agreement. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 5 2. Bohlin Cywinski Jackson and consultants attendance at meetings (not including internal BCJ and Consultant team meetings) included as part of Basic Services shall not exceed the quantity defined in the Exhibit B Work Plan. BCJ and Consultant attendance at additional meetings beyond the total indicated, if required, shall be compensated as Additional Services including reimbursable expenses. Written authorization from the City of Newport Beach will be required prior to attendance at additional meetings, subject to the terms of the PSA. E. Construction Documents Scope of Basic Services 1. Upon written receipt of the City's approval of the Design Development Phase documents which includes approved site boundary, scope, schedule, budget and program, we will develop Construction Documents consisting of drawings and specifications. In addition to providing sections 2 -33, BCJ and Consultants will aid the City in generation and review of select Division One specifications. 2. We propose three submissions of documents during this phase as follows: a. 50% CD Set— Includes A &E drawings and full specifications. This will be a pricing and review set. b. Permit Review Set CD Set— Includes A &E drawings and full specifications. Per our conversations, this set will serve as the set issued for permit review. This will be the final pricing and review set. c. 100 %. CD Bid and Permit Set — Includes A &E drawings and full specifications. This will be the final CD set. 3. The City's Program Manager will provide cost estimating services after the 50% CD and 75% CD Phase documents are issued. BCJ's cost estimator will prepare a parallel estimate for the 50% CD estimate set only. An estimate reconciliation meeting will be conducted after both estimates are completed. BCJ's cost estimator will be available for consultation on an hourly basis (with a not -to- exceed cap) beyond once the 50% CD estimate process is complete. 4. BCJ will attend design review and other coordination meetings with the City in accordance with the draft work plan in Exhibit B. 5. Study models, perspective sketches, or digital modeling may be prepared in -house by BCJ during the Construction Document Phase to assist in facilitating understanding in work sessions with the City and communicating the design concepts to the City's Building Committee. If provided, such models and sketches would be working tools and would not be intended to be suitable for presentation for fundraising or other similar presentation purposes. Finished models, special drawings, renderings, brochures or digital animations for presentation purposes, If requested by the City, can be provided as an optional additional service. 6. Final Construction Documents: BCJ shall provide one bond copy of the 50 %, 75% and 100% CO sets to the City and the City's Construction Manager. BCJ will also post this information on the FTP site BCJ has established for communication with the City. 7. BCJ and its consultants will be providing review of the CD phase garage documents developed by the Design -Build firm. This scope will include review of two major 'milestone' sets, e.g. 50% and 75% CD for design intent. It also includes attendance at coordination meetings with the Design -Build firm indicated In the workplan attached as Exhibit 'B'. CJ's understanding that during this phase the City and their Construction Manager will be r si le for all bid i d procurement and purchasing activities of this contract. Durin g BCJ will provide services that Will su000 'tuaefforts: a. Interpret Construction Documents. b. Issue addenda ired in an eight -week bidding period to clarify the bi nts and /or ans a questions of bidders. Beyond this, if the City requests design or scope changes Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 6 docum�! is that require significant revisions to the contract documents, these shall be incorpor d Into an ad nda as an additional service. BCJ shall provide one bond copy of each addend r bulletins to th City and the City's Construction Manager. BCJ will also post this inform 'on on the FTP site BCJ ha stablished for communication with the City. TZeview Manager will then issue them the appropriate trade contractors. C. Substitution requests will t be permitted during the bid period ato review of substitution requests during bi dding phase are not included in es. Such services, if requested by City wi a addressed as an additional s d. If so requested by City, BCJ shall assisst;n evaluating e. Permitting - BCJ will assist with Building permit documents to the corresponding f. BCJ shall provide clarifications and/or,981rections to Krrmi required in response to plan check mments from the Cit g. It is understood that all regyl d Permit fees for the Project and coordinate the submission of drawings and specifications as s Building Department. paid for by City. h. The City will providgBCJ and consultants with any supporting inform ion required by the City's Building Depar!,rpdnt for permit filing purposes (i.e. plot plan of existing 6 nditions, utilities, existing tree survey, ils report, etc.). I. BCJ all schedule and attend (up to 2) pre - application meetings with the City's ilding D artment prior to the actual Permit submission. The garage will be provided by the D8 firm and will therefore have no bidding phase. D g the Construction Phase for the work described in this Proposal, which the Program Manager s estima to be a 104 week duration to final completion, BCJ will assist the City with administr n of the construction ntract for the work. These services, described below, begin with award of construction contract and vary ending on the stage of construction. As a constant, however, B will advise and consult with the City on the pro ss and quality of the construction work and, when out zed, will represent the City, but only to the extent set to elow: 1. Meetings and Site Visits: BCJ sit the Project site observe construction progress to attend job meetings and to a. BCJ will walk through the Project sited ' construction as often as is appropriate, in the Architect's professional judgment, bu ith pr written approval of the City, to observe the Work in place at that time, to become ge ,pefally familiar withlilwogress and quality, and to determine whether it is in keeping with a intent of the Contract Do ents. This proposal has a total of 99 site visits, plus an addiY al three site visits for punchlist activ ' at the end of the project budgeted as part o asic services. Additional site visits beyond the antity shall be considered as an addition ervice. b. Architect ' distribute Field Orders, if any, and a Field Report after each site visit. c. Ac pting or Testing Work: Although BCJ may observe and point out actual or potential pro ms wring site walk - throughs, these walk- throughs are not construction inspections or a guarantee th Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 7 there will not be defects or deficiencies in the Work. If, however, BCJ identifies construction th does not conform to the Contract Documents, BCJ will recommend that the City not accept i d. Commu ' ations: a. Interpre tions: During Construction, BCJ will, upon request of the Cit/onstruction ruction Manager, ovide written or graphic interpretations and clarification of on Documents. de interpretations will be consistent with BCJ's intent in, or reasonably infe ble fromour Construction Documents. The City and on Manager will communicate ith BCJ in writing for any communication relevant t es. b. Bulletins: BCJ will us 'ts Bulletin form to: 1 ) authorize minor chan s in the Work (if there is no change in cost or time); BCJ will issue supplemental insfructio (!f there is no change in cost or time) in response to the onstruction Manager's requests f interpretations and clarifications of our Construction Documen , 3) confirm Architect's field der and d) request estimates/proposals. c. Documentation: During constructio we will maintai ogs of 1) Addenda to the Contract for Construction; 2) Bulletins; 3) Confirma' ns of Fiel Orders; 4) Field Reports; 5) Meeting Notes; 6) Architectural Sketches; 7) Construct! Ma99 ger's Requests for Information; 8) Contractor's Submittals; and 9) Construction Manager's ubstitution Requests and make these available to the Project Team. 5. Submittal Review: During Construction, 1394 will revie various samples, product data and shop drawings that the Construction Docume s require the C struction Manager to submit, to determine whether those items and the Trade C tractor's proposed thotls of fabrication are consistent with BCJ's visual and aesthetic design ncept expressed in the C struction drawings and specifications. In advance of th onstruction work, the City will quire its Construction Manager to provide a Submittal Schedule utlining the Submittals for the Projec Work, for the City's and BCJ's approval. 6. BCJ will conduct a fie[SWeview of the Work in order to assist the Construc ' n Manager with development of the P nch Lest and if necessary on follow -up field review, if viously approved by the City, includin eview of the Construction Manager's punch list items, to co irm Substantial Completion. If J does not find the Work Substantially Complete, BCJ will not! \staff 7. BCJ will pr ide responses to RFI's, submittals, etc. that comply with industry st timelines . Review time for submittals can be managed only if the Construction Mes z compl a submittal schedule at the beginning of the project so that BCJ can pro cc ruction administration effort. B. BCJ will provide review of submittals and provide on -site construction observation for adherence V design intent for the parking garage. H. Environmentally Responsible Design Scope of Basic Services 1. One of the goals of the Architect and its consultants is to design and document this project to be environmentally responsible. The City approves this goal subject to City approval of the measures proposed by the Architect to achieve this goal and subject to compliance with the City's budget for the Cost of the Work. In addition, the City requires the Architect and its consultants to design and document the project with the goal of achieving US Green Building Council ( USGBC) LEED certification. Formal application to and certification by the USGBC for LEED certification is a discrete activity that requires the involvement of the City, the Program Manager, contractors, the commissioning agent and others outside the Design Team to be successful. In response, the City has agreed that the following consultants will be selected and retained to perform the tasks indicated, under contracts directly with either the City or the Program Manager: a. LEED is a measurement system designed by the US Green Building Council to define "green buildings ". The process requires that the Architect and the Contractor each provide, for the LEED work that is their Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits 7 Page 8 responsibility, an individual who is responsible for tracking, compiling and organizing the information and letter template files that the USGBC uses to validate compliance with their rating system. In the outline below these individuals are called the Architect's LEED Manager and the Contractor's LEED Manager. b. In addition, the City has elected to have the Program manager serve as the LEED Documentation Coordinator for the project. The LEED Documentation Coordinator is responsible for maintaining and updating the LEED checklist, for overviewing the progress by the City, the Architect's LEED Manager and the Program Manager's LEED Manager in assembling the electronic documentafion required for submittal to USGBC for LEED certification, for creating the files for submittal to USGBC, and for monitoring and assisting the Architect's and Program Manager's compliance with LEED related requirements and procedures. c. A major component of LEED compliance is the proper operation of building systems and assemblies, so the process also involves an individual employed to develop a plan for managing the installation, operation, and maintenance of those systems. For compliance with LEED EA Prerequisite 1, this individual is required to be engaged early in the project so as to be involved in during both design and construction. In the outline below that individual is called the Commissioning Agent. The City is in the process of retaining a separate consultant as the Commissioning Agent for the project. The Commissioning Agent will be responsible for: 1) Developing and managing the detailed Commissioning Plan in accordance with the general performance requirements defined in a performance specification prepared by the Architect's MEP Consultant. 2) Ensuring that the systems and assemblies installed are operable and maintainable. 3) Ensuring that the design intent, installation and O &M requirements are thoroughly documented. 4) Coordinating training of operators and facility staff to ensure they are able to operate and maintain the facility per the design intent and facility requirements. 2. LEED related services performed by the Architect and its Consultants, led by the Architect's LEED Manager, as part of Basic Services shall be as follows: a. Construction Documents Phase: 1) Develop Division One specification sections with input from the Owner, the LEED Documentation Coordinator, the Contractor's LEED Manager and the Commissioning Agent: a) Overall LEED Requirements of the Project. b) Review Construction Waste Management Plan and Indoor Air Quality Plan developed by the Program Manager's LEED Manager and Commissioning Agent. c) Coordinate with commissioning requirements developed by the Commissioning Agent. d) Coordinate refinement of LEED documentation requirements with LEED Documentation Coordinator. 2) Develop Divisions 2 -33 specification sections to include submittal requirements for LEED documentation items, which will be collected, reviewed, organized and assembled by the Contactors LEED Manager, the Commissioning Agent or the LEED Documentation Coordinator for submittal to the USGBC. 3) Complete letter templates for design phases LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted design - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each design - related LEED point. 4) Coordination of the LEED- related construction costs with the Owner's budget for the Cost of the Work. b. Construction Administration Phase: 1) Respond to Contractor, Commissioning Agent and LEED Documentation Coordinator questions regarding the construction documents requirements related to construction phase LEED issues: 2) Review submittals for general compliance with LEED requirements. Detailed reviews and tracking of submittals regarding format and completeness of documentation to support USGCB certification will be by the LEED Documentation Coordinator and the Contractor's LEED Manager. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 9 3) Review construction documents requirements related to LEED related issues at Project Meetings. 4) Complete letter templates for construction phase LEED points that require the Architect's or Engineering Consultant's signature utilizing letter template formats provided by the LEED Documentation Coordinator. 3. The Construction Documents shall state that the Contractor's LEED Manager shall be responsible for reviewing, coordinating and tracking LEED requirements with the Contractor and /or their subcontractors regarding template, information /documentation or submittal issues including the following: 1) Coordinate with the LEED Documentation Coordinator on the tracking and status of compliance with LEED checklist points and the status of LEED related information, documentation and submittals required to support LEED construction - related points. 2) Complete letter templates for construction- related LEED points utilizing letter template formats provided by the LEED Documentation Coordinator. a) The targeted construction - related points will be verified in accordance with USGBC documentation requirements via calculations, diagrams, submittals, etc. b) The LEED letter templates will be completed for the initial submittal to the USGBC with the information and backup necessary to document compliance with each construction - related LEED point. 3) Review construction- related submittals for format and completeness relative to LEED documentation requirements for construction - related points. 4) Report on the status of LEED templates, information /documentation and submittals status to support LEED construction- related point at construction phase job meetings. 5) Collect, review and assemble final LEED submittals provided by the Contractor and Subcontractors for construction - related points for submittal to USGBC. 6) Correspond with USGBC for point and supporting documentation requirements clarifications. 3. LEED - Related Notes and Clarifications a. The initial review of mechanical and electrical system alternatives includes opinions on the relative merits of various alternatives. This information will be of a general nature and will not be based on detailed calculations and analyses. Such detailed calculations and analyses, if requested by the City, shall be compensated as Additional Services. 1) The Architect's MEP Consultant will investigate mechanical and electrical system options for the project. Order of magnitude life cycle cost analysis calculations to confirm relative comparisons of systems options will be provided as described in Arup's Sustainability Proposal, but formal analysis is not included as part of Basic Services. 2) The Architect's MEP Consultant will verify the 'energy performance" LEED points via calculation based on final systems selections with computer modeling of the energy use of the proposed building including comparison runs of building envelope, fenestration, shading, HVAC system type, and other variables. This scope includes a maximum of 6 independent computer runs once the basic geometry of the building has been entered. Final simulation will Include a comparison of a budget (ASHRAE 90.1 compliant) building to the proposed building. Final simulation report to be provided at Schematic Design and end of Construction Documents phases (total of 2). 3) Daylighting and Lighting Control Modeling: Computer modeling of natural lighting schemes including orientation, shading, glass type, reflectance geometry, and artificial lighting controls. Incorporation of these results into the energy model. All other services related to calculations, special analyses, constructability analyses, life cycle costing, energy analysis studies, environmental impact reports, analysis of owning, operating and maintenance costs, special research, cost estimates or reports related to validating green building design alternatives are not included as part of Basic Services. b. LEED credits review by the USGBC may involve the services of the Architect and its consultants in order to satisfy USGBC requirements for additional informafion such as calculations or modeling. All services related to responding to any comments or requests by the USGBC for additional information on individual Bohlin Cywinski Jackson Stephen G.Badum,P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 10 LEED credits beyond what is defined as required in the LEED manual are not included as part of Basic Services. c. All services required if the City elects to appeal any credit denied in the Final LEED Review are not included as part of Basic Services. d. All services indicated above as the responsibility of the LEED Documentation Coordinator, the Contractor's LEED Manager or the Commissioning Agent are not included as part of Basic Services. e. All LEED related meetings are assumed to be part of the typical project meetings. If the City requests separate LEED meetings that result in exceeding the quantity of meetings included as part of Basic Services, such meetings are to be compensated as Additional Services. f. All LEED related registration, application, appeal and other fees are not included as part of Basic Services and would be addressed as reimbursable expenses. 5. The Architect's scope of services related to commissioning that shall be provided as part of Basic Services shall be subject to the following limitations: a. The duration of the Commissioning Agent's specified scope of services shall include the entire construction period and a period of one year following Substantial Completion of the Project. For the duration of their services through Final Completion, the Commissioning Agent shall be the Program Manager's and City's point of contact for providing consultation and assistance as to any Work not performing as expected or that is discovered to be defective, and particularly in connection with the utilization of any equipment or system such as initial start-up and testing, adjusting and balancing, and maintenance. The Commissioning Agent shall coordinate the repair of the issue with the Program Manager to the City's satisfaction. 1. Qualifications and Exclusions 1. The scope of work outlined in this proposal shall be incorporated as a Contract Amendment Six / Exhibit A into the City of Newport Beach's Professional Services Agreement, as modified to suit this specific project. Per the PSA, BCJ is proposing our fee as a time and,expense not -to- exceed fee, to be invoiced monthly based on hours spent completing the above described scope of work completed. Invoices for this work shall be in the same format as those used in the Concept Refinement, Schematic and Design Development Phases. 2. Substantial revisions to the building program and /or documents after completion of the phase and the City of Newport Beach's approval of the Design Development Phase, will be considered as an additional service. 3. If the City of Newport Beach or its Construction Manager causes the duration of the CD, Bidding or CA phases of work to substantially exceed what is specified in this proposal, the work performed in excess of the specified duration would be in addition to this proposal and would be considered as an additional service. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any delay or extension to the schedule. 4. In order to achieve project schedule goals, the Construction Documents Phase will commence prior to the final approval of the Design Development Phase. The Design Development Phase design, scope and budget are scheduled for approval by the city council on the 27'" of April. BCJ and its consultants have agreed to start the CD phase prior to DD approval at the City's request. The City has agreed to accept the risk for any CD phase work completed or requiring revision prior to receipt of DD approval. 5. A fixed number of meetings are identified for this phase of the work. This proposal assumes that the attendees at these meetings are limited to the City's Project Manager and designated City Staff representatives and /or members of the Building Committee who can act on behalf of the various departments within the City Government, and the City's Program Manager. It does not include extensive meetings with City Staff and others beyond those outlined in Exhibit B. If the number of meetings for the phase is exceeded, these meetings would be in addition to this proposal and considered an additional service. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits! Page 11 6. Special presentation -style booklets, models, perspectives or renderings beyond those described above are not included as part of these services beyond BCJ's in -house design materials normally produced to convey design intent. Special Professional Renderings and /or Presentation Models, Animations, etc., beyond those described above can be provided as an additional service. 7. Specialty Consultants, not specifically identified and included in the proposal are excluded. Should the City require the addition of any other specialty consultants, they can be provided as an additional service. 8. Furniture Design is not included in this proposal, however conceptual furniture plan layouts will be utilized in the Construction Documents Phase as part of the design of the building to verify functionality of spaces. 9. The survey or relocation of existing office equipment or furniture is not included as part of these services. 10. Services relative to future facilities, systems and equipment are not included as part of Basic Services. 11. Furniture plans that indicate office equipment such as computer CPU's, monitors, keyboards, fax machines and copy machines are for location planning purposes only. Information regarding equipment sizes and utility requirements are to be provided to BCJ by the City. No new office equipment is being selected, specified or purchased as part of this contract. 12. Architectural survey of the existing buildings: We assume that the existing information on adjacent buildings is complete, available and deemed reliable for our use. 13. Land or property boundary survey is provided by the City is deemed reliable and accurate for our use. 14. BCJ has the right to rely on the accuracy and completeness of services and information furnished by the City and the City's Consultants. BCJ shall provide prompt written notice to the City if BCJ becomes aware of any error, omission or inconsistency in such services or information. 15. Services related to value engineering includes reviews with the City and Program Manager of relative cost information on scope, design and constructability alternatives on a continuous or "rolling" basis, proceeding from general to more detailed issues, as alternatives are evaluated and decisions are made during the Construction Documents, Bidding and Construction Administration Phases are not included in this proposal. All cost estimating services required related to the value engineering process will be provided by the Program Manager'. All value engineering services after City approval of the Design Development Phase and all other services related to value engineering are not included as part of Basic Services other than the Architect's and the Architect's consultants' services required to comply with the City's budget for the Cost of the Work. 16. Documents shall be prepared according to BCJ office standards for construction documentation, which are In compliance with the industry standard of care, and where applicable, the City of Newport Beach Public Works Department's City Standards 'Design Criteria'. 17. Provision of electronic file formats for use by the estimator, contractors or bidders shall be available upon receipt of a signed original of the Electronic File Transfer Agreement to be provided by BCJ. 18. BCJ will assist the City with Permit Applications through the City's Building Department. BCJ's assistance does not include payment of fees, tracking and reporting of permit status, preparation of special research studies, alternate designs, variances, special tests or documentation, surveys, or environmental studies and submissions; beyond those described herein, which services, if required by BCJ, will be considered as an additional service. 19. All services related to special studies, including constructability analyses, Irfe cycle costing, energy analysis studies, environmental impact reports and analysis of owning, operating and maintenance costs are not included as part of Basic Services except as required by standard requirements to obtain approvals/ permits from regulatory agencies and as required by services related to green building design as defined herein. Services related to performance -based criteria studies and analyses to obtain approvals/ permits from Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 17, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 12 regulatory agencies or establish energy equivalence for non - conforming buildings are not included as part of Basic Services and would be addressed as Additional Services if required. 20. All services related to submitting to Grant, Energy or other similar Programs, other than Southern California Edison's'Savings by Design' program, are not included as part of Basic Service. This proposal assumes that the City's Program Manager will submit required information for any Grant, Energy or other similar Programs. 21. Generally, BCJ will not provide drawings to a Contractor in electronic form. Contract provisions on this subject will be included in City's agreement with the Contractor stating that if the Architect is required to provide drawings to a Contractor in electronic form, the Contractor shall be required to execute a CADD Electronic File Transfer Agreement, and the Architect will be reimbursed by the Contractor for the time and expenses associated with providing the electronic files at the rate of $100 per sheet. 22. The Architect and some consultants will, at their sole discretion, elect to produce some or all of the construction documents drawings utilizing Building Information Modeling (BIM) software. The BIM software shall be utilized solely as an internal architect - consultant team tool. The model may be provided to the Program Manager solely as a convenience, after a CADD transfer agreement has been signed. The Program Manager may not distribute the BIM model to other subcontractors. The City and Program Manager acknowledge that any third party use of the BIM model is done so at the users' own risk. The construction documents shall be traditional two - dimensional drawings and shall be the official, binding documents for the project. The issues related to the use of BIM will be reviewed with the City upon request. 23. The scope of the Consultants' and Engineers' Basic Services shall be as indicated in the attached Consultant Proposals and attached to this proposal as Exhibit A - Appendix. END OF EXHIBIT A Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits/ Page 13 EXHIBIT B— Project Schedule / Work Plan: A. Project Schedule and Concept Refinement Phase Work Plan: Our proposal is based upon the following general overall project schedule as discussed with the City of Newport and CW Driver, the City's Program Manager. This schedule has the following milestone phases: Completed: Concept Refinement Phase: 1/15/09 — 4/14/09 City Phase Approval: 4/14109 Schematic Design Phase: 4/15109 — 8/14/09 City Phase Approval: 8/14109 — 9/14/09 Design Development Phase: 9/15/09 — 2118/10 City Phase Approval: 2/18110 — 3/18/10 Bidding Package 1 — Mass Excavation 100% CD 1/29/10 Upcoming: Bidding Package 1 — Mass Excavation Bid Set 3/17110 Package 1 — Construction 4/28/10 — 9/30/10 Bidding Package 2 CD Phase: 3/19/10 — 11/04/10 Bid Pkg 2 Final City Review Comments: 9/02/10 — 9/30/10 DB Garage Package CD Phase 6/1/10 — 9/15/10 DB Garage Package — Construction 10/18/10 — 10/17/11 Bidding Package 2 — Balance of Docs 11/08/10 Package 2 Construction 01/01111 — 10131/12 Based on the our current understanding of the scope of work described herein and assuming timely approvals and authorizations to proceed at each Phase by the City of Newport Beach, this schedule will allow for construction to commence in January of 2011. A detailed draft work plan for the Construction Documents Phase is included below and defines the quantity and frequency of project meetings for each phase. Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits/ Page 14 Newport Beach City Hall Exhibit B - Constructions Documents Draft.Work Plan 05, Mar lOIeeit- t? A Events._ J 6�N call with city representatives eekly project progress conference I 22-Mar-10 25 Mar -101 (2:00 —P T-L. 2. T-11 100% D Est mate 29-Mb A OvApf-i 1) 1 s­D'U' Discussion of Council Chamber mock­up 22:�rlo L I ;C. nnlj. 1�,Iq,�gtrjt ILtenrie !,Intave Date — .!� _ _ . Te I ti D. I 12-APF-iO I i5-AprAO! I lWeekly project progress conference call with city representallves (2:00 p.m.) 22 Apr 10 I I Weekly project progress conference call wLh cLltmr rasentatrwes (2 00 p.m) 2?,4zAjpi �10, �-,ZZPHYApprovaloflD 9 Mevelopment Phase r v 28+29- Apr -10 Design Session 1 - Building and Site Refinement - I - LL-+­---- iAtchitectural update meeting Mechanical meeting I Plumbing .meeting i i 'Landscape meeting .............. . ... Summaryxreview, With Design Committee i Summa - ­-­­ - - --- - Next steps ....... 7 03 May 10 ------- )f!Lk!y project progress U±s.(2.00 p.m.) �01 13-May E-d Weekly project pmgrejs�aqtrenca.c!Il with (2:00 p.m�=­--.1 I ! T_'__ __J Bohlin Cywinski Jackson Stephen G. Baclum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 15 17-May-10j19+20-May-10j 1 3 i Design Session 2 - Technical Review - ---------- I Electrical meeting I --7 U 7 Lighting meetlng'____ jelecornm meeting I 1 Next steps �rlectfli_andscaLef ell �-TLA�L/S�e nty "Loft session (design team) 1 10 I24 ZWe 10' Weekly project p,2gE- conference call with c! Lnepresentallves (2:00 p.m.) I it L j31-May-101; 034un-10 �Y Weekly project progress conference call wnh city ep�msenlahvas (290 p.m.) a i__— -Jun-10 07- Jun -10.; project RMre!LSar!L8r!Et c l!�wi:h city representatives (2:00 p.m.)-----, L 14-Jun,10 .16+17-Jun-10 4 r Design Session 3- Building + Site Refinement eting J E._Ccordmabon meetings Nith DB Garage Fimn Users meeting I Code meeting 1 ndscape meeting I Hardware meeting I Review of Council chamber mock-up Next steps 24,Jun-10 tweekly project progress conference call with city representatives (2:00 �l;-.4 issue 50%,Phase'2 Construction Documents t ' 01-Jul 10 i Weekly project- progress conference call wnh Gty s ntafives(2:00p.m.) 16 OS Jul -10 07+08-Jul-1 Design Session 4 • Review of 50% CD Drawings I Architectural update meeting :Cost meeting re: 50% CD set Coordination meetings with DB Garage Firm Civil meeting 2 Secunly meeng 2 Landscape Update meeting Next steps _Z 2:4�LIO 15- Jul -10 Weekly project progress T!�enena(L�L nlallvSL '0 '1_vAt�_d��TPETS_e_ (LOp-m.) Weekly pro jact 2mqress conference call with city representatives (2:00 m. 10 i,28 -Jul 10 -'29Jull10 '0C Weekly—pr-olect progress conference call with city reprejon 00 pm) Bohlin Cywinski Jackson Stephen G. B2clum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits Page 16 2&' —!02-Aug 1-0 i-05--A-ug--1*-0!"- I i ;Weekly project progress �conferenco call with city representatives (2:00 p.m.) 21 1(g- Aug - 10'11+12- Aug -1 _I ion 5 - Building + Site Refinements 6 Design Session Architecture] update meeting I. . ...... ge M Acoustic meeting -------- ----- ... .... I I Mechanical meeting 2 S tainab lily meefing 2 us Next .F:37 23-Aug-10 7 26Aug-10 conference call with city representatives (2:00 p.m.) .��eeldy project progress conferen P�A ' ' Weekly project progress conference call wish aty representatives (2 00 pun) E 06-S10 108+09-Sep- 10 25 Sap 10108 +09 7 Session 6. Review of 75% CD Drawings Architectural update meeting !Architectural update meeting rdlnaUon meetings -w with DB Garage Finn — ------- i Cost meeting re: 75% CID set 7 4- Meeting w Building Department re: Permit Review B��.Idlng D�p.nrnerrt re. Permit Review __J_�joettq± Electrical meeting 2 Code meefirg 2 Hardware meefing 2 Landscape meeting - Next steps --jWWkly 26- project progress conference call with city representatives (2:00 p.m.) ,17 'ILO-SeftlO' 23 Sep-10 Telecom meeting 2 WIT -t`v-S(L p.m.) Re 30 -Sep 101 a Design Session 7 - Technical Review Architectural update meeting TIn n meetings with DS Garage Firm B��.Idlng D�p.nrnerrt re. Permit Review __J_�joettq± Electrical meeting 2 Landscape meeting Telecom meeting 2 AV meeting 2 j Security meeting 3 \1 Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 17 29 � 040d -10 ; 07Aet -10 I I !Weekly projed progress conference call with dry representatives (2:00 p.m.) j 31 and site 33 •01 Nov 10 04-4ov 10 - Issuo Phase 2100Y Con ;trudlon Documerts ( WeeWy projed progress conference all to h dry n presentaeves (200p m) I ^��— r.- - -_!. I '�i N19ht ECore atNVa1 •-- -. e END OF EXHIBIT B Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits / Page 18 EXHIBIT C - Schedule of Hourly Rates /Fees: A. Schedule of Effective Hourly Rates The following list indicates 2010 hourly rates for the staff of the firms that make up Bohlin Cywinski Jackson's team. These rates are subject to annual updates according to each firm's compensation policies as mutually agreed upon by both parties. Please note the 2010 rates listed below are unchanged from the team's 2009 hourly rates. 1 Discipline — Architecture Bohlin Cywinski Jackson Principal $285 Senior Associate $160 Associate $125 Staff 1 $105 Staff 11 $ 85 Staff III $ 65 Office $ 75 2 Disciplines - Structural Engineering, M /E /P /FP, Civil, Sustainability, Telecomm, Lighting Arup North America LTD Principal $300 Associate Principal $215 Associate $190 Senior Engineer $160 Engineer $130 Graduate Engineer $110 Senior Drafter $120 Drafter $110 Clerical $ 85 3 Discipline - Landscape Architecture Peter Walker and Partners Landscape Architects P. Walker, Director $410 D. Findlay, Director $305 Partner $190 Associate $125 Landscape Architect $110 Staff $ 65 ArchivistlLibrarian $150 4 Discipline - Cost Estimating C.P. O'Halloran Associates, Inc. Principal $185 Associate $125 Senior Estmator $115 Assistant Estimator $ 95 Bohlin Cywinski Jackson Stephen G. Badum, P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits I Page 19 5 Discipline — Building Code Consulting The Fire Consultants Principal $190 6 Discipline -Waterproofing Consulting Alana Buick & Bers, Inc. Senior Principal $350 Associate /Principal $225 Consultant III $160 Consultant II $145 Administrative $ 70 7 Disciplines - Audiovisual and Acoustical Charles M Salter Associates, Inc. President $250 Sr. Vice- President $250 Vice - President $230 Director $230 Principal Consultant $190 Senior Consultant $145 Consultant $125 Technical Assistant $ 90 8 Discipline — Security Systems Consulting TransTech Systems, Inc. Principal $175 Engineer $145 CADD $ 95 Administration $ 75 Based on the above- described scope of work, budget and schedule and the Agreement terms and conditions, we request a professional services Hourly- not -to- exceed fee as detailed on the following sheets 61aphen 0. Bad', Re. Marty 17, 2010 CO. BIddl g AM CO Pha¢a BMWB¢ I Page Hours and Fee for Newport City Hall Project -CD Bidding and CA Phases 801r XDt:!�'>Ci HalIBId fIfII� c ! FaMn ''Stnidure'Rediew On i i '-i.ihr0 Adtll110n: *a' ' 50e _.. iPedesl022 Odd a._ 'C., Unlan FNBm Totals BltlOin GA CO Bitlding CA CD Bidding CA CD Bitlding CA C. md, Ux Nc BIHra9 Ws Xrs Hn Hls H. H. His Hn Hrs H. Hr¢ Hrs Amhllecturnl Feea S111451511 t/PBB; /�0 M16Bf�B $28,156 so 9Q04 $299.458 009" p88ff,ETt $12,555 $19, 0 3128',000 327,382 -ire86 .LS8r080 $12,812 d81M5 404Li SJ 931679 Structural pe —ii—I I ,M tTn 13n11TT1 11 —1 �I.1 AM 11 — FIT —,T Tf —T1 Slructuml Fee. $233,260 $12,360 $0 SO 05,030 '-SW00 341M, a 360,070 52;080 930;380 380,005 112•,000 Ybsb6! so $0 Sol $757,025 1 Mechenlcel6 Plumein A- rTT- 71TT�1TTlT� T� M&P F.. 3261,190 S...... 30 Electrical loa,,,a.,, I a1r�1 —eeT— lcl I�il so $76,640 '!7,100 50 so 30 56,130 9M0 32,SFO 551280 We 5561 790 EIBCIIICBI F089 3133.390 -TI 7 $6,650, $0 SO $34,016 -6N60 546AW $4,010 SO -62,966 $10,025 seep "1005 54.560 1580 laaavi $297.09 0 Slaphen G. 9ad.. P.S. Mama 11, 2010 CD, BMItlmO And CD Phase&hlbss l Paso Sustainable TekOPme PnnHnol iron J I—lT 1 —'TTT� so so so so $0 50 S1N ES6 s9 $o '$0 5111 930 39lo s 1 S85 095 lea —1 —I annl ITI I—TT1 rT11T- Lighting Fee. $36,070 311:8 59480- - 50,110 5u s0 - $9,970 S9 $9,595 S7,600 so $3.590 $5,040 s0 Aa-0db $1,680 s0 $82.0:8 DAYIIAhSPA r,,.snm Q'1M I— TT1T�lTT1f'Tr�("T� Daympun8 Foos $u,a]a $a YYWA CIYII $0 so so 58,605 so 31599 so $o so so 30 so so $0 so sss 360 CIYII Foea — i0 — so — - o s0 f1 s0 sua 0]60 so so 1]1] 166 yeaa9 :100 290 s0 so 315 ao9 s0 59 $2133 10o Aru Tekls 5]92 W6 5 S 9]0 Stephen G. Badum. F.E. Marty 17.2010 CO, Olddin0 and Co Pnass &hiails I Page Landscape Architecture Fame $0 so $0 $20,775 so 56100® so $0 30 SS41036 Yaeela6a $20,625 $0 $0 $0 so $a 51644560 Landacmpm Archltecture Cmn.ullant's Fees 0 `' f60,000 $600 $22,000 $2,000 584600 0 0 p� 0 2 11 fi29050 Cede Cansultln VP1OIreGOr 5230 23 1B0 1 [Principal $1901 351 Or-----2-51 101 of 711 0 a 0 0 0 0 1 D 0 Code Consulting Fees 58,650 $0 $417" $380 5. t-0W 51,900 SD f6.SS0 0 so 90 70 f0 $0 $190 1. 50 416390 fnne F�rlmallnn 0 Pn11cIFal C- Rulterel $100 Son�or EStlmatsr 5115 Coat ESOmating Face 334,95D to so $3,280 $0 so $4,080 30 $D $9,646 $0 30 $3,040 $0 $0 33,420 SD $0 3$9115 Sece4ty Seaurlry Fee. 536,828 111630 S4a1646 $2,815 So 5620 $7,589 8170 eea19 $1,336 so 9146 $1,580 534 4070 $3,039 440 53,3G9 577 sag Nei 5250 14 cl 1pi 0 0 0 6 a 0 0 0 0 0 2 0 0 VP1OIreGOr 5230 23 1B0 1 0 18 0 20-li 0 0 0 0 0 0 0 3 0 0 Pn11cIFal C- Rulterel $100 Son�or EStlmatsr 5115 es 0 0 0 0 o 12 0 0 24 0 0 a 0 0 Senior Coneultanl 0 50 Assistant Eallmalor $95 04 0 0 0 0 0 9 0 0 18 0 0 Al d 0 0 8 0 0 Coat ESOmating Face 334,95D to so $3,280 $0 so $4,080 30 $D $9,646 $0 30 $3,040 $0 $0 33,420 SD $0 3$9115 Sece4ty Seaurlry Fee. 536,828 111630 S4a1646 $2,815 So 5620 $7,589 8170 eea19 $1,336 so 9146 $1,580 534 4070 $3,039 440 53,3G9 577 sag Nei 5250 14 cl 1pi 0 0 0 6 a 0 0 0 0 0 2 0 0 VP1OIreGOr 5230 23 0 1 0 0 0 10 0 0 0 0 0 0 0 3 0 0 Pn11cIFal C- Rulterel $100 6 5180 es 0 0 0 6 o 0 0 a 0 0 0 a 0 0 Senior Coneultanl 510 50 Senlar Cana011ent 1 0 0 0 20 1 1 0 0 0 0 0 0 7 0 0 Conwlmnl $125 7 D 5 0 0 0 3 0 0 0 0 0 0 0 1 0 0 T0Glnlwl Aealslanl S9 10 0 0 0 0 0 0 1 0 0 D 0 D 0 1 0 0 Acoustics Face $17,606 31yW0 $601201 $0 70 $0 $1,399 7466 561360 $0 so $0 $0 so $0 $2,600 3409 31,000 649642 anAln Nn,n1 President/ SC VP $2501 01 cl a 0 0 0 0 0 0 0 0 0 0 0 0 0 VPIlNredor 5230 0 0 D 0 0 0 0 0 0 0 0 0 0 0 Pdndpol Consullenl 5180 es 4 0 0 o e o o a 0 0 0 0 0 0 Senlar Cana011ent 8145 xa 1 0 all 0 7 0 D a 0 0 0 a 0 D Con.Nlant 612 00 4 0 0 a 7 0 0 0 0 0 0 a 0 0 TsGWC0l Aasi4lanl S 14 1 0 0 0 2 0 0 0 0 0 0 0 0 0 deal. Visual Fees $24,999 74900, (481000 so $0 so 52,994 909E SI1009 $0 $D $0 so $0 so so so $0 S5o 990 sbplwn G. Pont,, P.E. Mesh 17,2010 CO, Dt44ing and CO Phase Eatebas I Page WnM. —usna. Waterproofing Consuffing Fees $21,060 EBA0 SH 400 $6,9a0 Totals $2,076,640 3902/459 SerW6488 $67,360 Optional Servleos -Arup Hours and Fees a mtes-Inntame Rate $ mr CO x37 x37 His CA CA x37 Sustainable Con. that Printl el $30 630date PdnG al $21 Associate Sig Senior En Neer $us 40 En Imam $13 24 Gmduato Engineer .$11 Senior Drafter $12 Dmaar $it Clerics! $a e oral Sustainable Fees $10050 $0 SO S10,D3D Total Option Foos I - -shida 318 230 SO 1110,020 $12,660 "a 3496e1 SO SO SO $1,490 11r490 - 33,.10 SO SO SO 5114 JJO $0 464,6" $361,376 59Y,64i $111,1W$1,347,011 346- -a i9cgzidy� $156,317 is,11-Re � S74,6444, 'S39,401 S,,, 1e7e4L— CD FE7s = y11771 y19 GPT /a v 3 — h�/t7�izPUF— J` � &e7 Ac.own cG At C-4-4 gofvd, = #/0010,00 C� ��ivlQuasAac�s 365, o00 77w.,: T/ /s cos rn4cT �y9, -zly m�= uE� n o V u a u H * Bohlin Cywinski Jackson Stephen G. Badum. P.E. March 5, 2010 Construction Document. Bidding and Construction Administration Phase Exhibits I Page 25 EXHIBITC Project Name: tProject No.! Date: NEWPORT BEACH CIVIC CTR + PARK - CD-B-CA Phases 08519C 0310 INITIAL REIMBURSABLE EXPENSES ESTIMATE J (SEE NOTE 1) ATTACHMENT (to proposal) F Item No. Description Amount I Person No. of Days /Miles Total Remarks 2 BCJ Travel Expenses R?r 2 Day Trip Transportation to/from airport in SF Par sing -a-t-ap—rporf- Cab 6na_/ZaFr461al $4.5.00 2 $90.00 156 _66 3 Food $75.00 2 $150.00 4 5 Hotel per night plane Fare (see Note 1) $240.00 2 $480.00 5500.00 1 500-00 Total per person per two day trip $1,436.6-0 Travel Expenses per 1 -Day Trip _!IGJ Transportation tolfrom airpo'r't'i_n_t_F__ __W_d_0 '--i- I 2 4 A Parking at airport Cab fare I car rental Hotel per night Plane Fare (see _ I MI.( . .... .. ... jotalyp!Lr.persSn per one day trip $22.00 $75.00 $240.00 5d. .00 2 1 1 1 1 $44.00 $75.00 $240.00 . $1,024.00 ...... ... BCJ TRAVEL REIMBURSABLE EXPENSES PER PHASE P CD-Bidding-CA PHASES _jT4§1ff0_ People _X No. of rie-S 36 CD Tl:Kiy_trips; 3,peopieltrip 51.024.00 3 Wbmip 15:1.4;6_09 0 -p 2.aay P"! ISO Go Adl@066_nal Trips (if Required) AJITExp6-e*ns—es--are-A-dd-iti'on-aI Services _f5e6pIj_X —No of Trips , AfED (SEE NOTE 2). ­­66TJ f4iYAC ESTIMATE FOR REPRODUCTION, PRINTING, TELEPHONEIFAX, MAIL (REGULAR AND EXPRESS), PHOTOSIPRINTS PER BCJ PROPOSAL REIMBURSABLE EXPENSES ESTIMATE Ai6'p_M IEP'fStr RUna_VCiv1 Uf_[Shtl iiff0_TWL_1W1T_1AL REIMBURSABLE EXPENSES ESTIMATE $70,000.00 Bohlin Cywinski Jackson Stephen G.Badum,P.E. March 5, 2010 Construction Document, Bidding and Construction Administration Phase Exhibits/ Page 26 - C.P. O'HalloranAssoc TOTAL INITIAL REIMBURSABLE _ - -_ EXPENSES ESTIMATE - The Fire Consultants TOTAL INITIAL REIMBURSABLE $1,500.00 EXPENSES ESTIMATE _ Charles Salter& Associates - Acoustical Consulting _ $4,000.00 Charles Salter & Associates - Audio Visual Systems $5,000.00 Aliana Buick Berns - Waterproofing Consultant $12,300.00 Transtech Systems Security Consultant iTUTAL DESIGN PROFESSIONAL TEAM INITIAL `REIMBURSABLE EXPENSES ESTIMATE (see Note 3) f I I I ._._.�_....... Notes: ._. ._.____._.....leex......____....lu f de...._..._._____..._._....__.! Note 1:ReimbursaWe expenses include the following: -BCJ and Consultants transportation, lodging and expenses for all travel between their offices and the job site. - BCJ and Consultants expenses for all reproduction and printing. - All expenses for telephone /fax, video conferencing, postage, handling, delivery (regular and express) between BCJ, BCJ's Consultants, the Owner, the Contractors and others involved in the project. - BCJ and Consultants expenses for photosfpdnts. Note 2: Plane fare costs are estimated'basetl oh minimum two week advanced notice td BCJ of all meeting dates and on ticket purchases being non - refundable. In addition, as BCJ has no control over any fare increases that may occur during the term of this agreement, BCJ will require reimbursement for any additional costs . that may occur due to future fare increases in excess of the estimated cost indicated herein. Note 3: if'this initial projected amount for BCJ andEr Consultants reimbursable expenses'Is TZce ed, (i.e. due to 1 revisions to the quantity of or schedule for BCJ and /or Consultants meetings /presentations, changes to costs upon which the initial projections were based, scope of services changes, etc.) this initial not -to -exceed dollar amount will be increased based on an updated projection of reimbursable expenses. All reimbursable expenses will be billed at a multiple of 1.10 times the expenses incurred. Upon Receipt of the City of Newport Beach's written approval and authorization to proceed, BCJ will commence this work. i END OF EXHIBIT C i W".feint CF Q.n, CW, ))..line jr21•P3 BIZ ] to ;1 ti YI 11 YYumd J lajr 6�illlf P rltpiT1.1111 U0 u �t4 Yu1n �LVOL 1aM �Lxx trvalwti).i X41 6,.W 1!!4 �'� iW - - -E 3r✓nN $ WIW =. 5!MM]" IµYI,Nf NI 1 {Y.YI.I16 'N1t.1N 4N,1 {4f.1 Nli,4 rernu�!*n!cyeuss!nuprn W ^4!^rW'(U Om Mn- � _ _ _ flyllp 191.. _ :Nepal - -•--�- � 1FItlf 11 {410Mt1 .. f11g611 s4wmuamn .yr r(YJ 6wxp 0/f lfsf. GW nyMI t�. FtAryW.r GpY l Oy.n piMl yfl+uvr 4Y d+ N �.NO na 69u1p'Iw!4� umnM _ _ 1 � - - {L0400,40 - \Y}tl.m! )1;))41]0 6 m $Wa1])._� NpK WI• (i iPo'1Y { NVJ.IAA .. • E I HlT11lY E I _ SY,Ii1Yl E � SN(pAl.)r ,, �:� �ii I yE i ;'E h: tii fii 41 i v.wuml � r� NyncM E�� ri4:�a. +tlil_M1�.�.C,4 E: f1.4A 0» �440)r0.0 3t Mnrol }r�^ 11 ;ePrP9 f„l.Wr p1J1 )114N1,M0 - e�3 .Nmi;:aL4r..v,�ya c fij i4so4w. Ivw0000 ie:. GI {uv.W.49J SIILMM}9. S114H4rm ;1 ti YI 11 Newport Beach Civic Center Cost Timeline if2008 1 2009 i 2010 2011 i 2012 �—J 1.1, 1 /ay I W1 W I Mw I M[ I Jan I FM I Mar I Apr I .., Iwe 1.4 1 aW Wp M I X Mr I Mn hL I Mail /p I Marl 1-1 IWY I " .11 On I aw I Dix, Ln IF. I My 141 1 Mry .-1 1u1Y 1.. 1 Saeal On 1 .1 4a, I lu, IF. I Mail Far I Mar[ i—I x,l, I 1W sKl M Nw Day Design Competition I $250000 Environmental Impact Report DESIGN Pre- Design - Concept Refinement Schematic Design & Design Development, SD & DD Construction Documents, CD Construction Support, SD Project Management Pre-Design Project Management. SD & DD Project Management: CD CONSTRUCTION Basic Services /General conditions Direct Expenses Construction Mngt Fee (profit &overhead) (3.25 %) GMP Phase 1- Mass Excavation & Shoring Wall GMP Phase 2. Design Assist/Build Parking Structure GMP Phase 3 - City Hall, library & Park Library Expansion City Hall Building $465,000 .._. -... __.... — ___ -... _......- .............. n Fixtures, furnishings, & Equipment (FF &E) 2 as E ?e I M pn Alternative Construction Items 8 Alt 41 -San Miguel Ped Overcrossing 0 I Alt 42- Photovoltaic Panels �! 0j 0 16 `o IRS at Ti a Based upon Schematic Design Estimate of ! e ! c! c $105,000,000 for Construction u u ! u Correct Conservative Projection Optimistic Old Climate Best case -30% Contingency (7%) Unused, best case 75% City /25% CARD $250,ODD $250,000 $250,000 $59D,000 $590,000 $590,000 $14,442,315 $435,764 $14,442,315 $435,764 $14,442,315 $435,764 $3,186,6111 $3,IB6,6111 $3,186,611 $305,000,000 $94,500,000 $89,538,750 $2,000,000 $2,000,000 52,000,000 $125,904,690 $I1SA04,690 $110,443,440 $2,500,000 $1,011 $2,500,000 $1,0110,000 $2,500,000 $110001000 $129,404,690 $318,904,690 $]13,943,440 BUDGETAMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues' PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 10BA -038 AMOUNT: $sas,2la.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover the cost of a professional services agreement (PSA) with Bohlin Cywinski Jackson for architectural design services including construction document preparation and construction support. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 410 3605 Civic Center Construction Fund - Fund Balance $949;214.00 ` REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIAT IONS (3603) Description Signed: ( 0 zl5 -i0 F a (Zil Approval: dministrative Services Dire Date Signed: JAG r- (`^ Adminisirefive Approval: City Manager Date Signed: City Council Approval: City Clerk Date Description Division Number 7410 Civic Center Construction Account Number C1002009 New City Hall /Civic Center $949,214.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: ( 0 zl5 -i0 F a (Zil Approval: dministrative Services Dire Date Signed: JAG r- (`^ Adminisirefive Approval: City Manager Date Signed: City Council Approval: City Clerk Date