HomeMy WebLinkAbout10 - PSA Amend No 2 for Marina Park Design Services44'WPo"'
CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 10
May 28, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebb(a)newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
949- 644 -3323, ilee @newportbeachca.gov
APPROVED: 0
1
TITLE: Approval of Amendment No. 2 to Professional Services Agreement
with Rabben /Herman Design Office for Additional Marina Park
Design Services — Contract No. 3897
ABSTRACT:
Additional funding is needed for Design Services to provide additional regulatory permitting
support and design elements for the Marina Park Project.
RECOMMENDATION:
Approve Amendment No. 2 to Professional Services Agreement (PSA) with Rabben /Herman
Design Office (RHDO) for Professional Design Services at a not to exceed price of
$340,925.00 and authorize the Mayor and City Clerk to execute the Amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this amendment. A total of
$340,925.00 will be expended from the Marina Park project account number 7411- C4002002.
DISCUSSION:
On July 27, 2010, City Council approved a PSA with Rabben /Herman Design Office to
provide professional design service for the Marina Park Project. Subsequently, Amendment
No. 1 was entered on June 6, 2011, to reflect additional services required for regulatory
permitting. The PSA, including Amendment No. 1, amounted to $2,279,935.50.
The design team has since completed the Design Development Phase Plan, is almost
complete with an extensive permit phase, and is working towards completing the
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Approval of Amendment No. 2 to Professional Services Agreement with Rabben /Herman
Design Office for Additional Marina Park Design Services — Contract No. 3897
May 28, 2013
Page 2
Construction Document plans for the project. Additional design funds are now being
requested to address the following key elements:
1. On -going Regulatory permitting support (plan modification & revision, requested
surplementary materials)
2. 19 h Street Restroom and West Bay Avenue wall /sidewalk Design
3. AudioNisual design (AN)
4. Furniture, Fixtures, and Equipment design (FF &E)
5. Design fee escalation and rninor design alterations
Staff has negotiated a not -to- exceed cost of $340,925.00 to complete the work listed above,
and more specifically stated in the Amendment No. 2 scope of services. With this
Amendment No. 2, the total PSA contract amounts to $2,620,860.50
Staff has been working with Coastal Commission staff to secure the Coastal Development
Permit (CDP) since the original project submittal in October 2010. The Commission's
Approval was obtained in June 2012. This permitting effort and addressing the final
conditions of approval required additional actions, resources and supplemental documents
from the design team that were not anticipated, such as modifying the plans several times to
address the lighthouse element height or the landscaping, revising a number of exhibits and
plans to address comments, amending the Coastal Land Use Plan and satisfying on -going
agency requests. While staff believes the CDP issuance is in the near horizon, the effort has
nevertheless resulted in approximately 30 percent of the amendment amount.
Around 35 percent of the amendment cost will be allocated towards the replacement design
for the 19Th Street Restroom facility and Bay Avenue seawall /walkway. These improvements
were included as part of the regulatory permitting process, however the construction plans
were not included within the original design contract. These facilities are in need of
replacement. In an effort to provide continuity between the 19th Street Restroom facility and
the main Marina Park project site as well as capitalize on the cost saving of the economy of
scale, staff is recommending completing the construction documents and including these
facilities within the scope of the construction project.
The AN and FF &E designs are also being proposed at this time. These two components are
often addressed as separate design elements and during the construction phase; however, to
minimize conflicts between the furnishing and the interior layout, staff is now recommending
addressing the AN and FF &E project components concurrently with the building design
package. These two items amount to approximately seven percent of the amendment
amount.
The balance of this PSA Amendment No. 2 results from escalation, adaptation of energy
savings measures, and minor design enhancements to the overall design.
Approval of Amendment No. 2 to Professional Services Agreement with Rabben /1- lerman
Design Office for Additional Marina Park Design Services — Contract No. 3897
May 28, 2013
Page 3
Once the regulatory permits are secured, the first project phase (demolition and clearance of
the site) will be advertised for construction bids.
ENVIRONMENTAL REVIEW:
A Final Environmental Impact Report was prepared for the Marina Park Project and adopted
by City Council on May 11, 2010.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by:
David A. Webb
Public Works Director
Attachment: Amendment No. 2 to PSA with Rabben /Herman Design Office
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AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN /HERMAN DESIGN OFFICE FOR
MARINA PARK DESIGN SERVICES
THIS AMENDMENT NO. TWO TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Two ") is made and entered into as of this 24TH day of
May, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "City'), and RABBEN /HERMAN DESIGN OFFICE, a
California corporation ( "Consultant "), whose address is 833 Dover Dr., Suite 9, Newport
Beach, California 92663 and is made with reference to the following:
RECITALS
A. On July 27, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for preparation of permitting support, design
development, construction documents and construction observation services for
the Marina Park Project ( "Project ").
B. On June 6, 2011, City and Consultant entered into Amendment No. One to the
Agreement ( "Amendment No. One ") to reflect additional services not included in
the Agreement and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement, to increase the total compensation and to update
insurance requirements.
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 shall be supplemented to include the Scope of
Services dated July 26, 2012 and revised April 18, 2013, 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 TO CONSULTANT
The introductory paragraph to Section 4 of the Agreement is amended in its
entirety and replaced with the following: "City shall pay Consultant for the Services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section
and the Schedule of Billing Rates or Progress Payments Schedule attached to the
Agreement as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Million Six Hundred
Twenty Thousand Eight Hundred Sixty Dollars and 50/100 ($2,620,860.50) without
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prior written authorization from City. No billing rate changes shall be made during the
tern of this Agreement without the prior written approval of City."
3. INSURANCE
Section 14 of the Agreement is 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 or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
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RABBEN /HERMAN DESIGN OFFICE Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: — — -
By: 4 C �-
Aa on C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Keith D. Curry
Mayor
CONSULTANT: RABBEN /HERMAN
DESIGN OFFICE, a California corporation
Date:
By:
Daniel W. Herman,
Vice President and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — dated July 26, 2012 and revised April 18, 2013
Exhibit C — Insurance Requirements
RABBEN /HERMAN DESIGN OFFICE Page 3
EXHIBIT A
SCOPE OF SERVICES
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RABBEN /HERMAN DESIGN OFFICE Page A -1
Professional Services Supplemental Authorization #2 (Revised)
Cumulative
Date: July 26, 2012 (revised April 18, 2013)
Project: Marina Park Permitting Support, Design Development, Construction
Documents and Construction Observation Services
Location: Newport Beach, CA
Client: City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
R /Hdo Job No.: 2009.014
Project Scope of Services:
This PSS accumulates a number of changes in scope that have occurred in the year leading. up to the
approval, with conditions, by the California Coastal Commission, as well as adding additional scope that will
facilitate obtaining the Coastal Development Permit. Some of these scope items were previously submitted
to the City as Professional Services Supplemental Authorizations (PSS) numbers 2, 3 and 4• Addressing the
Conditions of the Coastal Commission approval represents the second major component of this PSS. The
third component is includes tasks added to the original agreement.
Each Item is described briefly below:
Line Item 1 Previous PSS #2 - Savings by design
This PSS is for the additional work involved in participating in Southern California Edison's Savings By
Design program. Some of this effort is an increase in scope, and the remainder is work that would have
been conducted as a part of the Design Development Phase in our existing contract. For the latter work, this
agreement will serve as a notice to begin performing the work prior to the conclusion of the Schematic
Design Phase. It is anticipated that the SCE rebates to the design team will be adequate to cover the
additional work and the amount of the rebates will be applied to the work billed to this PSS.
Line Item 2 Previous PSS#3 —19th Street Restroom and Mat Foundation
This PSS covers the necessary effort to include the 191h Street Restroom building in the Design
Development through Construction Phases of the work being completed under our existing Marina Park
contract, as well as prepare a preliminary structural design for an alternative mat foundation system for
Buildings 1 and 2.
Line Item 3 Previous PSS 1#4 • Photovoltaic System Adaptation
This PSS covers the preparation of architectural, electrical, construction documents, specifications and
structural review of PV systems' engineers' talcs and attachment details, for a 50 kW Photovoltaic (PV)
Generating System mounted on the roof of buildings 1 & 2 of the Balboa Center building.
Line Item 5 — Restroom Chases
3 of the four restrooms on the project will need to be revised to accommodate expanded chase spaces for
maintenance.
Line Item 6 — Tower Deletion
Revise the Building Plans and elevations to show the lowered tourer height required by the Coastal
Commission
Line Item 7 — Expanded AV Consultant Scope
Original contract included limited scope for AV Design for Community Center— City Direction requires
adding a consultant, and scope for coordination.
Line Item 8 — Updated Design Development Drawings for CDP Application
The Coastal Development Application will require a set of Design Development Plans that reflect the desired
architectural changes. This involves updating the CAD base, & replotting the Landscape and Civil plan sets.
Rabben /Herman Design Office
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Line Item 9— Street Improvements at 171h Street
The revisions to the curb and parking will require additional survey work and additional drawings.
Line Item 10 Soil Remediation Diagram
Preparation of a preliminary plan showing extent of soil remediation required by City Geotechnical report.
Drawing is for coordination and to clarify contract requirements.
Line Item 11 - Construction Staging. Plan
Prepare Plan indicating the nature of the impacts to the public access to the sandy beach. Specific
requirements per the CDP Conditions
Line Item 12 - Traffic Control Plan
Prepare Plan indicating the nature of the impacts to the public paths. Specific requirements per the CDP
Conditions.
Line Item 13 — Seawall and Drainage Improvements and 19th Street and Bay Ave.
Prepare drawings to replace wall along entire length of Bay Avenue and out to new wall at 196, Street.
Includes sheet piling along 191h. Includes permit processing with Corps of Engineers, Coastal Commission,
Revised Drainage plans, updating SWPP and WQMP.
Line Item 14 — Dumbwaiter at Cafe Patio
Research and Design Dumbwaiter Chase for Cafe to upper patio, Incl. Electrical and Structural support.
Line Item 19 FFE Support and Coordination
Provide assistance in ancilliary furntiture acquisition for selected rooms in the Balboa Center
Line Item 20 — Waterproofing Review
Obtain independent consultant review of Roof/ Water proofing systems
Line Item 16 - Expanded Surveying at Bay Street
Expanded surveying to determine range of possibilities for adjusting grade along Bay Street
Line Item 21— Increased Reimbursables Limit
Increased Reimbursable Limit to cover added expenditures
Line Item 15 — Expanded LEED Water Quality Scope
The specifics of the LEED Water quality credits (6.1 and 6.2) require supplemental documentation that was
not covered in the original proposal by Fuscoe.
Line Item 22 — Reinstated Scope Items
Reintroduce two Items (Beach Placement Drawing, and Supplemental Surveying /Potholing) that were
excluded from totals during negotiations, but have been at least partially required and performed during
process.
Line Item 17 — New Escalation for specific Tasks
Added escalation amounts for line items that did not require escalation based on original schedule
Line Item 18 — Increased Proiected Escalation for Tasks
Increased Escalation for pending tasks.
Line Item 23 — Ongoing Agency Suppo
Additional labor required as a part of Coastal Development Permit Processing
We have calculated the escalation amount for the year ahead, and will begin using that percentage increase
in our billings from April onward. The letter, similar to last year's letter, with the backup calculations, is
attached. The total amount of the this PSS is $367,075.00
Terms and Conditions
All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS.
Compensation Base Fee
Work Included in previous PSS
1 PSS 2 Savings by design(New Work) $13,500.00
2 PSS #319 Street Restroom $39,690.00
3 PSS 94 Photo Voltaic System Adaptation $15,000.00
Sub Consultant Management (5 %) $2,700.00
Reimbursable Allowance $3,350.00
$74,240.00
Rabben /Herman'Design Office
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New Effort
5 Restroom Chases
$9,160.00
6 Tower Deletion
$2,100.00
7 AV Consultant
$14,000.00
8 CDP Drawing update
$1,000.00
9 171h Street Closure
$5,000.00
10 Soil Remediation Diagram
$1,600.00
11 Construction Staging Plan
$3,000.00
12 Traffic Control Plan
$2,500.00
13 Bay & 19u, Street Improvements
$71,750.00
14 Dumbwaiter in Cafe
$1,345.00
19 FFE Services
$9,160.00
20 Waterproofing Review — No Labor
$
16 Supplemental Bay Street Surveying
$11,500,00
21 Reimbursable Increase (No labor- included in subtotal below)
S
Sub Consultant Management (5 %)
$5,900.00
Reimbursable Allowance
$18,010.00
$156,425.00
Adlustmenls to the Original Contract
15 Expanded LEED requirements
$6,000.00
22 Reinstated Scope Items
$26,450.00
17 New Escalation Allowances
$20,680.00
18 Increased Escalation Allowances
$12,570.00
23 Ongoing Agency Support
$40,740.00
Sub Consultant Management (5 %)
$3,300.00
$110,260.00
GRAND TOTAL
$340,925.00
Time for Performance
Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional
Service Supplement 1, this service shall become part of Agreement.
Sincerely, AGREED:
Title:
City of Newport Beach
Dan Herman
Date:
Rabben /Herman Design Office 10 of 14
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
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RABBEN /HERMAN DESIGN OFFICE Pace C -1
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 each accident.
D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
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RABBEN /HERMAN DESIGN OFFICE Page C -2
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 any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
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RABBEN /HERMAN DESIGN OFFICE Page C -3
H. Consultant's 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.
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