HomeMy WebLinkAbout08 - Back Bay Science CenterCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
September 13, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, P.E.
949 - 644 -3328
Idalton@city.newport-beach.ca.us
SUBJECT: BACK BAY SCIENCE CENTER CONTRACT NO. 3460 — APPROVAL
OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA ARCHITECT, INC.
RECOMMENDATION:
Approve Amendment No. 2 to Professional Services Agreement with Ron Yeo, FAIA,
Architect, Inc., (Ron Yeo) for additional compensation of $54,782 and authorize the
Mayor and City Clerk to execute the Amendment.
DISCUSSION:
The Back Bay Science Center is a proposed 13,000 square foot facility to be
constructed on Shellmaker Island in the Upper Newport Bay Ecological Reserve. It will
be a multi -use facility for:
• The California Department of Fish and Game (teaching lab, administration
offices and storage)
• The County of Orange Health Care Agency (water quality lab)
• The City of Newport Beach (office and shared conference room)
• The Newport Bay Friends and Naturalists (office and shared conference room)
• The University of California Irvine Crew Base (shared parking lot)
Ron Yeo, along with City staff, began pro bono work with the agencies on preliminary
designs for the project in late 2001. By the summer of 2003, preliminary planning and
engineering had progressed to the point of starting final design and preparing contract
documents. Accordingly, the City Council approved a Professional Services
Agreement with Ron Yeo on September 9, 2003, to prepare the project's final design
plans and specifications for a compensation amount not to exceed $363,000. The
original Agreement's expiration date of June 30, 2005 was extended to June 30, 2007
when Council approved Amendment No. 1 to the Agreement on June 28, 2005.
Final contract documents were complete by the spring of 2004. After Coastal
Commission approval of the project on March 17, 2004, the plans and specifications
SUBJECT: Back Bay Science Center Contract No. 3460 — Approval of Amendment No. 2 to Professional Services Agreement with
Ron Yeo, FAIA, Architect. Inc.
September 13. 2005
Page 2
were advertised for construction with contractors' bids due on June 8, 2004. No bids
were received at the time set for publicly opening bids (one bid submitted late was
returned unopened).
Inquiries by staff indicated a number of reasons that no bids were received for the
project: (1) large amounts of similar construction activity, (2) contractors bonding
limitations, and (3) uncertainty of material availability and price increases. It also
became apparent that the project would cost nearly double the available funding of
$2,400,000.
DISCUSSION:
During the past year, staff has continued its efforts to construct the Back Bay Science
Center by seeking additional funding sources, prequalifying construction firms, and
investigating alternate building materials. A total of $4,300,000 is now potentially
available for construction. The estimated construction cost of $4,500,000 was
established in early 2005 with the pro bono assistance of Griffin Structures and the
Howard S. Wright Construction Company.
Staff decided to prequalify construction firms in an effort to obtain the interest of more
contractors for rebidding this plus three other City building projects, thus assuring the
bidders that only quality firms would be bidding against each other on the City's projects.
Staff advertised and invited reputable General Building Contractors to prepare and submit
prequalification data concerning their firms to the City pursuant to State law (see attached
Public Notice). Staff then evaluated their data and granted prequalification to 19 firms.
Concurrent with the search of additional funding, staff authorized Ron Yeo to
investigate the use of a pre- engineered metal building instead of the wood frame
structure initially designed. These studies resulted in the conclusion that substantial
cost savings may be achieved by specifying a metal building; however, the structure's
exterior appearance would be changed and its durability would be decreased. Further
analysis led to the finding that the building could be built with pre- engineered structural
steel members and metal panels for the roof, thereby retaining the buildings' exterior
design appearance. A construction cost reduction of approximately $20 per square foot
($260,000 for 13,000 sq. ft.) could potentially be achieved. However, some of the
construction cost savings would be offset by the fees to revise the current final design
plans and specifications. Ron Yeo's charges for his work during this redesign period
are being paid from the $62,000 budget for construction support established in his
September 9, 2003 Professional Services Agreement. Two other items totaling
approximately $15,000 have also been paid from the construction support budget.
They are (1) revisions to the site plan to incorporate changes necessary for Coastal
Commission approval, and (2) a required survey of endangered species bird nesting
and plant growth.
Staff is currently proceeding with a dual, parallel track for the project. One track is to
prepare plans and specifications for the pre- engineered metal portion of the facility,
and to solicit construction bids from a list of pre - qualified contractors. These
competitive bids will be due on September 29, 2005. The other track is for the City to
choose a "Construction Manager at Risk" (CMAR) from the list of pre - qualified general
SUBJECT: Back Bay Science Center Contract No. 3460 —Approval of Amendment No. 2 to Professional Services Agreement vrlth
Ron Yeo, FAIA, Architect, Inc.
September 13, 2005
Page 3
building contractors established in March of this year, and to negotiate a "Guaranteed
Maximum Price" (GMP) with that contractor.
In order for the CMAR to establish a GMP, the existing plans and specifications must
be revised to reflect the pre- engineered structural steel framework and metal roof
panels. Amendment No. 2 to Ron Yeo's contract will authorize compensation for these
design revisions, $54,782. A third amendment may be required at the award of a
construction contract to re- establish the $62,000 amount that had been budgeted
under the original contract for construction support services.
After bids have been received for the building's steel framework and a GMP has been
negotiated with the CMAR, staff will recommend that the City Council award contracts
for the framework and the CMAR as well as the contract amendment for construction
support services. A complete description of project funding will also be presented at
that time. Staff anticipates that such recommendations will be made in November.
Environmental Review:
A mitigated negative declaration of environmental impact has been approved for the
Back Bay Science Center project.
Funding Availability:
Funds are currently available in the following account to pay the $54,782 cost for Ron
Yeo's professional services set forth in Amendment No. 2.
Account Description
Back Bay Science Center
Prepared by:
Gail Pickart, P.E.
Consulting Project Manager
Attachments: Amendment No. 2
Public Notice
Site Plan
Account Number Amount
7457- CO310600 $54,782.00
Submitted by:
Step en G. Bad um
- Public Works Director
AMENDMENT NO.2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH RON YEO, FAIA, ARCHITECT, INC.
FOR
BACK BAY SCIENCE CENTER ON SHELLMAKER ISLAND
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2005, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Ron
Yeo, FAIA, Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar,
California, 92625, (hereinafter referred to as "Consultant'), is made with reference to the
following:
RECITALS
A. On September 9, 2003, City and Consultant entered into a Professional
Services Agreement, hereinafter referred to as "Agreement ", for final
design and architectural and engineering services for the Back Bay
Science Center on Shellmaker Island, hereinafter referred to as "Project ".
This Agreement is scheduled to expire on June 30, 2007.
B. City and Consultant have entered into one separate Amendment of the
Agreement, the latest dated May 24, 2005.
C. City desires to enter into this Amendment No. 2 to reflect additional
services not included in the Agreement or prior Amendment.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2 ", subject to the terms setforth below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall diligently perform all services and be compensated for all
services performed pursuant to this Amendment No. 2 in accordance
with "Exhibit A° (Construction Document and Bid and Value Engineering
phases only) dated August 8, 2005, which is attached hereto and
incorporated by this reference.
2. 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 Exhibit
"A ". Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 2 for all work performed in accordance
with this Amendment No. 2, including all reimburseable items and
subconsultant fees, shall not exceed Fifty Four Thousand Seven
Hundred and Eighty Two Dollars ($54,782.00). The total compensation
to Consultant for all services performed pursuant to the Agreement and
this Amendment No. 2, including all reimburseable items and
subconsultant fees, shall not exceed Four Hundred Seventeen
Thousand Seven Hundred and Eighty Two Dollars. ($417,782.00).
3. 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. 2 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
Attachment: Exhibit A
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
RON YEO, FAIA, ARCHITECT, INC.:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
f: \users\pbw \shared\agreements \fy 05- 06 \yeo -back bay science center -1.doc
0I EXHIBIT A
I
RON YEO, FAIA ARCHITECT, INC. 5D0 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 644 -8111 FAX 644 -0449
TO: GAIL PICKART, City of Newport Beach
FROM: Ron
DATE: August 8, 2005
RE Fee Proposal
for Professional Services for the 'Back Bay Science Center" Project
Due to the current bid climate resulting in higher construction costs, and the limited
budget for the project, we have been instructed to change the design of the project to
incorporate a "pre- engineered" steel structure.
It is the intention of the City to issue two separate RFQs. One for Metal building
contractors and one for CQnstruction Manager "at risk" (CMAR). The qualified
contractors will be asked to bid on the structural "building shell' for the Phase 1 contract
documents that are currently being completed. The fees for the additional work, now
completed for the pre - engineered analysis, re- bidding discussions, coastal commission
coordination and additional environmental field surveys as well as the new contract
documents for the "shell" have been or will be taken from our original agreement
balance of $62,000.
The selected CMAR will take the bids from the Metal building shell and bid out the
various additional sub traces for Phase 2 in a value engineering review which will result
in a. "not to exceed" construction cost for the total project. In order to bid and obtain
permits for Phase 2, it will be necessary to revise the previous architectural drawings,
Title 24 analysis and specifications as well as to provide new calculations and
structural drawings by an expert metal building structural engineer. All of the site work
will remain as previously designed.
As directed, this is a request to amend our agreement of 9/9/03 and the time extension
of 4128105 to cover the additional professional fees for an additional $117,305.
PHASES OF DESIGNATED SERVICES
Contract Documents Phase 2. The Contract Documents Phase is the stage in which
the requirements for the revisions of the Work are set forth in detail — Including:
STRUCTURAL
1. Provide structural calculations and construction drawings for shear walls.
2. Provide structural calculations and drawings for foundations based on an existing
geotechnical report that allows the use of mat foundations. City, County & DF &G
acknowledging that the use of mat foundations could someday result in the eventual
displacement of the structures due to seismic - induced ground motion and are willing
to accept the possible corrective work and serviceability issues that may result.
Exhibit A Back Bay Science Center page 1
3. Provide submittal package consisting of foundation and shear wall drawings and
calculations for submittal to City Building Department.
MECHANICAL
1. Revise the Title 24 energy conservation calculations based upon today's standards
to reflect the new roof construction.
2. Revise details to reflect the new roof construction.
3. Revise mechanical floor plan to incorporate the new columns and relocated doors
and windows.
PLUMBING
1. Revise plumbing floor plan to incorporate the new columns and relocated doors,
windows and plumbing fixtures.
2. Revise the details to reflect the new roof construction.
3. Revise automatic fire sprinkler specifications to accommodate the steel structure
and roof framing.
ELECTRICAL
1. No revisions anticipated
CIVIL
1. No revisions anticipated
LANDSCAPE
1. No revisions anticipated
ARCHITECTURAL
1. Coordination and checking of sub consultant's revisions.
2. Revise all drawings necessary to reflect the new construction system.
3. Revise specifications as necessary to reflect the new construction system.
4. Meet with the Project Manager to review the progress of the documents.
5. Meet with the Construction Manager @ Risk for review of value engineering.
6. Package the contract documents setting forth in detail the construction requirements
for the Project ready for plan check and bidding.
7. Respond to Plan Check and Coastal Commission Comments.
8. Establishment of initial schedule for the Project Process, decision - making, design,
documentation, contracting and construction
9. Review and update of previously established schedules during subsequent phases.
Bidding & Value Engineering Phase. The Bidding or Negotiation Phase is the stage
in which bids or negotiated proposals are solicited and obtained and in which contracts
are awarded.
1. Respond to RFI's regarding the intent of the drawings and specifications.
2. Review Qualifications and construction costs of the bidders.
3. Meet with the Construction Manager @ Risk for review of value engineering
decisions
struction Support Phase. The Construction Support Phase is the stage in which
the is performed by one or more Sub Contractors. The scope for assistance
within this p includes
1. Attend the pre- struction meeting.
2. Coordinate w ith the R on a w eekly basis
3. Review the Sub Contracto op drawings and submittals.
4. Provide w ritten responses to the R's requests for information.
5. Provide weekly job site visits. Provide onstruction observation report for each
visit.
6. Prepare the final punch lists for the buildings and s rk
Post - Contract Phase. The Post - Contract Phase is the stage in which as nce in
the Owner's use and occupancy of the Project is provided.
Exhibit A Back Bay Science Center page 2
ADDITIONAL SERVICES
Services which are not specifically identified herein as services to be performed by the
consultant , are considered "Additional Services" for purposes of this Agreement.
EXCLUSIONS
Consulting services relating to any of the following items are specifically excluded from
this contract at this time.
• Soils engineering, testing and reports.
• Title Reports, recorded documents, etc.
• Construction staking or certifications.
• Offsite improvements.
• Bulkhead design
• Composite utility plan.
• "As- Built' drawings.
• Hydrology Study or Hydraulic Analysis.
• Pump station design or modification.
• Plan check submittals, fees and permits.
• Blueprinting services, except for normal coordination.
• Owner /agency and /or coastal commission revisions after approval to
proceed.
• Alternate power source studies
• LEED documentation and/or "commissioning"
• Courier services, overnight express, etc.
• Exterior lighting photometric plans.
• Specialized foundation design other than a matt foundation
• Furniture, fixture & equipment design
• UCI Crew Building design
• Trails and teaching station design
• Exhibit & Aquarium design
• Environmental Studies & Reports
• Marketing, Fund raising program,
• Economic feasibility studies, Project financing
• Identification, removal and disposal of any hazardous materials within the
site or in existing structures
• Relocation of existing structures
• Green House design
• Amphitheater rehab & cover
• Full time Construction Management
• Wetland rehabilitation services by "Coastal Resources Management" for
monitoring of wetlands and field monitoring reports, management of marsh
planting process and project management and coordination for up to one
year. It is anticipated that the CMAR will have this under his responsibility.
Exhibit A Back Bay Science Center page 3
COMPENSATION To be invoiced monthly
Construction Document phase
Structural $23,082
Mechanical & Plumbing $6,700
Architectural $20.000
$49,782
Bid & Value Engineering phase $5,000
i Support phase
Structural $10,400
anical /plumbing $8,625
Electric $2,300
Civil $3,450
Landscape $1,748
Architectural
hourly @ $4,000 /month $36.000
$62,523
Total
Construction budget $4,000,000
Average Construction support @ 2% _ $80,000
Proposal estimate —1 1/2%
Ron Yeo, F.
Architect
Exhibit A Back Bay Science Center page 4
PUBLIC NOTICE
City of Newport Beach
Public Works Department
PREQUALIFICATION OF GENERAL BUILDING CONTRACTORS TO BID ON
CITY OF NEWPORT BEACH BUILDING PROJECTS
The City of Newport Beach anticipates offering the following four City building
projects for public bid within the next 12 months:
• Corona del Mar State Beach Improvements [June of 2005]
• Back Bay Science Center [fall of 2005]
• Fire Station No. 7 and Training Center [winter /spring of 2006]
• Newport Coast Community Center [winter /spring of 2006]
These projects should bid within the time periods listed above. The construction
cost for each project will be in the $3 to $7 million range.
The City invites general building contractors to complete and submit a
prequalification form and questionnaire if their firm wishes to be prequalified to
bid on any or all of these projects. The City has prepared its prequalification form
and questionnaire in accordance with 1999 legislation of the State of California
and guidelines created by the State Department of Industrial Relations. The
prequalification form and questionnaire may be obtained at the public counter of
the City's Public Works Department, which is located in City Hall at 3300
Newport Boulevard, Newport Beach, California.
Submittal of a prequalification form and questionnaire does not guarantee that
the City will grant prequalification. Bids will be accepted for these projects only
from general building construction firms which the City has prequalified to bid.
Prequalification submittals shall be delivered in a sealed package to the Public
Works Department by 1:00 PM on February 25, 2005. Please direct questions
concerning the prequalification form and questionnaire to Lloyd Dalton, PE,
Design Engineer at (949) 644 -3328 or Idalton ecity.newDOrt- beach. ca. us.