HomeMy WebLinkAbout12 - Additional Marina Park Design ServicesCITY OF
F NEWPORT REACH
City Council Staff Report
November 25, 2014
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb@newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
PHONE: (949) 644 -3323
TITLE: Amendment No. 3 to Professional Services Agreement with Rabben /Herman
Design Office for Additional Marina Park Design Services (CAP09 -0070)
ABSTRACT:
Rabben /Herman Design Office (RHDO) has been retained to provide professional design services for the
Marina Park Project. Staff recommends approval of Amendment No. 3 to the Professional Services
Agreement (PSA) with RHDO to allow for additional design services for the balance of the project.
RECOMMENDATION:
Approve Amendment No. 3 with Rabben /Herman Design Office of Newport Beach, CA for additional
professional design services for the Marina Park Project at a not -to- exceed price of $120,742.00 and
authorize the Mayor and City Clerk to execute Amendment No. 3.
FUNDING REQUIREMENTS:
There are currently adequate funds within the Marina Park Project Account No. 7411- C4002002 to cover
this amendment. Contract costs will be expensed as follows:
Vendor Purpose Amount
Rabben /Herman Design Office PSA Amendment No. 3 $ 120,742.00
Total: $ 120,742.00
DISCUSSION:
On July 27, 2010, City Council approved a PSA with Rabben /Herman Design Office to provide
professional design services for the Marina Park Project. Subsequently, Amendment No. 1 was entered
into on June 6, 2011, and Amendment No. 2 on May 24, 2013.
RHDO has since completed the design for Package 1 (Demolition and Tree Relocation), Package 2
(Marina Basin), Package 3 (Buildings and Site Development), and is nearing design completion for
Package 4 (Docks). In conjunction with design, RHDO has been providing on -going construction support12-1
services.
Due to various directed or required project changes and unforeseen events, additional funds are being
requested to address the following key elements:
1. The acquisition of SCE parcel located at 1516 W. Balboa Boulevard, and incorporation of the parcel into
the overall Marina Park project design. The acquired parcel is being used to expand the easterly parking
lot to provide an additional 20 spaces and provide additional open space and landscaping.
2. The inclusion of low voltage wiring and Wi -Fi design for the new Marina. While low- voltage wiring and
Wi -Fi design for the new Marina is typically incorporated into the project as a separate design -build item,
staff recommends incorporating those features into the current base Rabben /Herman contract at this time
so as to minimize the potential of conflicting facilities.
3. Restaurant and kitchen reconfiguration to optimize usable space for the future tenant.
4. Sailing program basin improvements reconfiguration to facilitate future programming needs.
5. Additional construction observation support. Due to the complexity and added time associated with soil
densification as well as the tieback and concrete sheet pile installation, we requested additional support
from the design team to address unforeseen conditions, and ensure the integrity of the improvements.
6. CalGreen Commissioning, water main improvements, and other minor design
enhancements /modifications to the overall design.
Staff has negotiated a not -to- exceed cost of $120,742.00 to complete the work listed above, and more
specifically stated in Amendment No. 3 scope of services. With this Amendment, the total Professional
Services Agreement contract amount with RHDO will be $2,741,602.50.
The current status of the Marina Park project is that construction is progressing well and the project is still
on schedule and under the estimated budget, which is an "all -in" amount of about $39,500,000. Hard
construction costs for the project are estimated at about $29,500,000 of this amount.
Construction for Package 1 (Demolition of the Marina Park Coaches, removal of utilities, more) has been
completed, with Package 2 (Construction of the Marina Basin) receiving substantial completion in October
2014. Package 3 (Construction of the community center, sailing center, park, and restrooms) is on
schedule for completion by Spring 2016 as planned, but is currently tracking a bit ahead of schedule. The
last and final design package, Package 4 (Construction and installation of the marina docks), will be
advertised for construction bids by the end of Year 2014.
ENVIRONMENTAL REVIEW:
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. The Final Environmental Impact Report for
the Marina Park Project was 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).
ATTACHMENTS:
Description
Attachment A - Amendment No. 3 to the PSA with Rabben /Herman Design Office
Attachment B - Current Master Project Cost Summary
12 -2
ATTACHMENT A
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RABBEN /HERMAN DESIGN OFFICE LTD FOR
MARINA PARK DESIGN SERVICES
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ( "Agreement ") is made and entered into as of this 6th day of November,
2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City'), and RABBEN /HERMAN DESIGN
OFFICE LTD, a California corporation ( "Consultant "), whose address is 833 Dover
Drive, 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 previously
included in the Agreement and to increase the total compensation.
C. On May 24, 2013, City and Consultant entered into Amendment No. Two to the
Agreement ( "Amendment No. Two ") to reflect additional services not included in
the Agreement, to increase the total compensation, and to update insurance
requirements.
D. City desires to enter into this Amendment No. Three to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to December 31, 2016 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 is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement shall be supplemented to include the Scope of
Services dated September 3, 2013 and revised May 22, 2014 and October 21, 2014,
attached hereto as Exhibit A and incorporated herein by reference ( "Services" or
12 -3
"Work "). The City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. 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 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 Two Million Seven Hundred Forty One
Thousand Six Hundred Two Dollars and 50/100 ($2,741,602.50), 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."
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
One Hundred Twenty Thousand Seven Hundred Forty Two Dollars and 00/100
($120,742.00).
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]
Rabben /Herman Design Office LTD Page 2
12 -4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y'S OFFICE
Date: It 1 17-
By:aqVI
Aaron C. Harp (AM %%I��I�ti
City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Rush N. Hill, II.
Mayor
CONSULTANT: Rabben /Herman Design
Office LTD, a California corporation
Date:
By: By:
Leilani I. Brown William Rabben
City Clerk President
Date:
By:
Dan Herman
Vice President / Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services Dated September 3, 2013 (Revised
May 22, 2014 and October 21, 2014)
Rabben /Herman Design Office LTD Page 3
12 -5
EXHIBIT A
SCOPE OF SERVICES
Rabben /Herman Design Office LTD
Page A -1
12 -6
Professional Services Supplemental Authorization #3
Cumulative
Date: September 3, 2013 (revised May 22, 2014 & October 21, 2014)
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:
As the Packages are being finalized, we have been working to gel closure on the scope and billing in the
contract. Based on our discussion, we plan on reallocating some of the remaining tasks to close out hourly
tasks that have additional unbilled hours. This PSS brings together several specific items that have been
added to the overall design scope to facilitate processing of the changes:
Each Item is described briefly below:
Item 1 Water Line Replacement Plans (Fuscoe RCO #t8 ) (Completed)
After reviewing the cost alternatives, and requirements of the site design, the City has elected to replace the
existing 16° Water Main that runs through the site. This will require plans, profiles and sections.
Item 2 SCE Parcel Additions (Completed)
This Item covers all of the scope to incorporate the SCE Parcel into the project, including change to the Site
Plan, Hardscape, Layout, Irrigation, Planting, Grading, Lighting, Erosion Control, SWPPP, hydrology
calculations, LEED Calculations and supplementary materials, including revising the parking management
plan exhibits and other documents for re- submittal to the California Coastal Commission. This does not
include any additional revisions to the materials for subsequent submittals to the Coastal Commission.
Item 3 Low Voltage Design (Completed)
Develop Design Build performance plans and specifications for SurveillancelCCTV. Telecommunications
and Access Control cabling, device, equipment and infrastructure.
Item 4 Cal Green Commissioning
Prepare and provide items (above and beyond LEED fundamental Commissioning) as required by the
CalGreen Code Commissioning requirements
Item 5 Cafe and Other Building Revisions(Completedl
Prepare exhibits to assist with the leasing of the caf6 space. Revise plans to reflect new operational
considerations. Incorporation of slide into Lighthouse building. Adjustments and revisions to utilities based
on owner's inputs.
Item 6 Wi -Fi support from Package 3
While the provision of Wi -Fi for the Visiting Vessel Manna was not a part of the initial scope for the overall
project, the advances in the technology, have made it a requirement. Although it was conceived as a part of
the Package 4 improvements, since that included all of the other utilities on the dockside, a review of the
solutions has made it clear that the most practical solution is to include it as a part of Package 3. It will need
to be integrated into the building, and the supporting conduit provided.
Item 7 Sailing Program Dock Revisions) (Completedl
Final review of the dock layouts, operational requirements, fixtures and furnishings identified a number of
adjustments and revisions to the 90% Construction Documents. Late changes also require additional time to
revisit and re -review the plans by the remaining stakeholders, as well as update budgets, inventories and
schedules. We expect to prepare a schematic plan, conduct a review meeting with the stakeholders, and
then implements the changes through the construction documents, to finalize them for submittal to the
building department.
Rabben /Herman Design Office
12 -7
Item 8 Additional Package 2 Construction Observation) [Completedl
Supplemental Construction Observation time to address unknown or un expected conditions that arose
during construction. Items included: Tieback adjustment and redesign, wall creep, Legion groin wall and
cap, revised railing detail at wall cap step.
Item 9 Additional Package 3 Construction Observation) [Completed]
Extended CA coordination for Soil Voids: Added site visit and extended email coordination from architect
and structural engineer that goes beyond contracted Construction Observation and Administration to
coordinate and assist in resolving the found conditions at the site.
Item 10 Modifications for the Cafe Tenant
Modify Construction Documents to incorporate changes required by tenant. Expand area of kitchen and
provide storage area for expanded service requirements. Separate meters for tenant gas and electric usage.
Item 11— Construction Observation for Civil Engineering
Allocate Time for Construction Observation and review by Civil Engineer (omitted from Original Contract).
Item 12— Supplemental Time for Compiling, Preparing, and Revising Additional Services
Allocation of 10 additional Hours to cover some of the time required to process additional service
agreements
Terms and Conditions
All Terms and Conditions contained in our proposal dated June 18, 2010 are applicable to this PSS
Compensation
Item Totals
1
Water Line Replacement Plans
$5,950.00
2
SCE Parcel Additions
RIHdo
$9,050.00
BFA
$5,565.00
Fuscoe
$7,560.00
Total SCE Parcel Additions
$22,175.00
3
Low Voltage System Design
$12,255.00
4
TK1 SC CalGreen Compliance
$5,600.00
5
Cafb Revisions
$8,575.00
6
WiFI Support
RIHdo
$1540.00
BFA
$1,550.00
Total WiFi Support
$2,350.00
7
Sailing Program Dock Revisions
R/Hdo
$3,500.00
M & N
$7,460.00
Total Dock Revisions
$10,960.00
8
Additional Package 2 Construction Observation
RIHdo
$3,960.00
M & N
$17,057.00
Total Add. Package 2 CO
$21,420.00
9
Additional Package 3 Construction Observation
BFA
$1,660.00
STB
$510.00
RIHdo
$1,130.00
Total Add. Package 3 CO
$3,180.00
10
Shell Modifications for Cafe Tenant
BFA
$1,690.00
TK1SC
$3,300.00
OMB
$1,200.00
Fuscoe
$1,100.00
Total Shell modifications
$6,190.00
11
Construction Observation for Civil Engineer
$12,000.00
12
Proposal Preparation and Revision
$1,400.00
RabbenlHennan Design Office
12 -8
Sub Consultant Management (5 %) $4,650.00
Increase in Allowance for Reimbursables $1,600.00
GRAND TOTAL $120,742.00
Time for Performance
Please sign and return the enclosed copy of this confirming letter. Upon return of executed Professional
Service Supplement 3, this service shall become part of Agreement.
Sincerely,
Dan Herman
Rabben /Herman Design Office
AGREED:
Title:
Date:
City of Newport Beach
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