HomeMy WebLinkAbout14 - City Hall and Park Master Plan ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
May 26, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbadum(a city.newport- beach.ca.us
949 - 644 -3311
SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES —
SCHEMATIC DESIGN AND DESIGN DEVELOPMENT AND
AMENDMENT NO. 1 AND NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT WITH LEIGHTON CONSULTING, INC FOR
GEOTECHNICAL SERVICES
RECOMMENDATIONS:
1) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with
CW Driver, of Irvine, California, for Schematic Design and Design Development
Phases of City Hall and Park program management services at a not to exceed
price of $647,018 and authorize the Mayor and City Clerk to execute the Amended
Agreement.
2) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with
Leighton Consulting, Inc., of Irvine, California, to provide supplemental
geotechnical exploration and consulting services at a not to exceed price of
$18,555 and authorize the Mayor and City Clerk to execute the agreement.
3) Approve Amendment No. 2 to the Professional Services Agreement (PSA) with
Leighton Consulting, Inc., of Irvine, California, to prepare a design -level
geotechnical report at a not to exceed price of $33,574 and authorize the Mayor
and City Clerk to execute the agreement.
4) Approve a_ Budget Amendment authorizing $954,000 in.additional funding.forthe
Schematic Design and Design Development Phases of City Hall and Park for
Program management, environmental- services and geotechnical services from
unappropriated Major Facilities Master Plan Fund to the City.Hall and Park
Account No. 7410- C1002009.
City Hall and Park Master Plan — Approval of Amendment No.1 - Professional Services Agreement with CW Driver and
Amendments No.1 and No. 2 - Professional Services Agreement with Leighton Consulling, Inc.
May 26, 2009
Page 2
DISCUSSION:
On January 13, 2009, City Council approved a PSA with CW Driver to provide program
management services for the conceptual plan phase of the City Hall & Park project.
That work was successfully concluded on April 14, 2009, with the Council's approval of
the design concept for City Hall and the Park. The next step in the effort to build our
City Hall and Park is to prepare Schematic Design and Design Development.
On April 28, 2009, City Council approved Amendment No. 1 to the PSA with Bohlin
Cywinski Jackson (BCJ) to prepare the Schematic Design and Design Development
phases of the project. The Schematic Design process will further refine the approved
concept and will explore areas such as grading, drainage, floor plan layout, refinement
of space allocations, building systems, landscape palettes, irrigation systems, park
amenities, constructability reviews and alternatives, cost analysis, green (LEED)
building systems, as well as structural, mechanical and electrical systems. The
Schematic Design process will conclude concurrently with the certification of the EIR,
which is tentatively scheduled for November 24, 2009.
The Design Development phase will provide more detailed designs, drawings,
specifications, material selections, continued constructability reviews, and more detailed
cost analysis and estimates based upon the approved Schematic Design plan. A
separate mass grading plan bid package will also be produced to enable the City to
take advantage of potential disposal sites that would reduce our overall grading costs.
The tentative schedule to complete the design development phase and put the mass
grading plans out to bid is March 2010.
Upon the completion of the Design Development Phase, staff will negotiate a. second
amendment with BCJ to produce construction documents and bid packages for the
various trades under the Construction Management at Risk alternative delivery method.
Staff will also negotiate with CW Driver to establish a Guaranteed Maximum Price
(GMP) for the project. The completion of the construction documents and bid packages
is tentatively scheduled for November 2010.
City Staff met with CW Driver and negotiated a work scope and fees for the Program
Management of the Schematic Design and Design Development Phases of the project.
As Program Manager, CW Driver will act as an extension of City Staff and actively
manage the project architect and related consultants.
The work scope for the Schematic Design and Development Design phases includes:
• Development of full project estimates at each separate design phase;
... . ... . ....... .... .... ... .
•
On-going cost studies;....
Management and coordination _.of project consultants:;. Architect
subconsultants, soils engineer, environmental consultant, sit and
survey group, and others;
• Review of consultant cost estimates and proposals;
• Coordination of all team related field trips to existing "like" structures, including
photo documentation;
City Hall and Park Master Plan —Approval of Amendment No.1 - Professional Services Agreement with CW Driver and
Amendments No.1 and No. 2 - Professional Services Agreement with Leighton Consulting, Inc.
May 26, 2009
Page 3
• Preparation and maintenance of milestone preconstruction schedules
• Constructability review
• Identification of potential cost increase elements
• Identification of potential value engineering suggestions
• Use of Building Information Modeling (BIM) technology for design analysis
• Facilitation of needs assessment data
• Schedule, attend and conduct internal team meetings
• Develop regular reports
• Attend project meetings, facilitate information and take pictures as required
• LEED Document Coordination Services
The project schedule anticipates weekly coordination meetings with staff and monthly
meetings with the City Hall Design Committee and the City Council Building Committee.
We also anticipate at least one public workshop during the Schematic Design process
and opportunities for public input at the City Council hearings for Schematic Design and
Design Development approvals tentatively scheduled for November 24, 2009 and
March 9, 2010.
The proposed fee for program management services for the Schematic Design and
Design Development phases totals a 'not to exceed' cost of $647,018, which includes
optional LEED Documentation Services and reimbursable expenses for travel and
reproduction. The work scope is itemized and billing will be per the approved billing
rates as shown in Exhibit 1 of the attached PSA, which are the same as the billing rates
in the concept phase.
With this amendment, the total allocated work on this contract is valued at $880,678.
Geotechnical Services:
On February 24, 2009, City Council approved a PSA with Leighton Consulting for the
preparation of a geotechnical study for the City Hall and Park project to assist the design
team during preliminary design process and to support environmental documentation.
Supplemental work was required to be performed by Leighton Consulting including
additional borings, samples for agricultural tests, installation of groundwater monitoring
wells, percolation test data, and collection of groundwater data from wells. Amendment
No. 1 to the PSA with Leighton Consulting incorporates this work into the PSA and is
valued at $18,555.
Amendment No. 2 to the PSA with Leighton Consulting is necessary to prepare a
design -level geotechnical report to provide geotechnical recommendations for the -- ....... --
proposed City Hall and Park. Specific work tasks are described in Exhibit 1 within the
attached Amendment No. 2 to the Professional Services Agreement (PSA) with
Leighton Consulting. This work is valued at $33,574.
With these amendments, the total allocated work on this contract is valued at $114,803.
City Hall and Park Master Plan —Approval of Amendment No.1 - Professional Services Agreement with CW Driver and
Amendments No.l and No. 2 - Professional Services Agreement with Leighton Consulting, Inc..
May 26, 2009
Page 4
Environmental Review:
Architectural and Engineering services and geotechnical investigation and design
services are not projects as defined in the California Environmental Quality Act (CEQA)
Implementing Guidelines. City Council has retained LSA who will prepare
environmental documentation for the project.
Funding Availability:
On April 14, 2009, the City Council approved an amendment to the Professional
Services Agreement with LSA Associates, Inc., in the amount of $250,505, for additional
environmental services for the City Hall and Park project. On April 28, 2009, the City
Council approved an amendment to the Professional Services Agreement with Bohlin
Cywinski Jackson in the amount of $4,689,775. The budget amendment approved on
April 28, 2009 did not take into consideration the amount need for additional
environmental services. Accordingly, a budget amendment is needed to cover the three
amendments proposed in this report as well as the amendment approved on April 14,
2009 with LSA Associates and $4348 for incidental expenses outside the terms of the
various professional agreements.
Upon approval of the attached budget amendment, there are sufficient funds available
in the following account:
Account Description
Account Number
Amount
City Hall and Park Design
7410- C1002009
$ 954,000
$ 954,000
Proposed uses are as follows:
Vendor
Purpose
Amount
CW Driver
Program Management
$
647,018
Leighton Consulting, Inc.
Geotechnical Services
$
18,555
Leighton Consulting, Inc.
Geotechnical Services
$
33,574
LSA Associates
Environmental Services
$
250,505
Various
Incidentals
4,348
Total:
$
954,000
Submitted by:
4
t—ce ._...... adum
lic W cs Director
Aft ment: Amendment No. 1 to PSA with C.W. Driver
Amendment No. 1 to PSA with Leighton Consulting, Inc.
Amendment No. 2 to PSA with Leighton Consulting, Inc.
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
C.W. DRIVER FOR
CITY HALL AND PARK MASTER PLAN PROJECT -
PROGRAM MANAGEMENT SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and C.W. DRIVER, a
California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine,
California, 92618 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On January 13, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", to manage
design and construction of the new City Hall and. Park Master Plan Project,
hereinafter referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT and to extend the term of the
AGREEMENT to March 1, 2010.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE" as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows: -
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE, including but not limited to, all work set forth in the
Scope of Services attached hereto as Exhibit 1 and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
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 the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred
Forty -Seven Thousand, Eighteen Dollars and nol100 ($647,018.00) without
prior written authorization from City.
3. The term of the AGREEMENT shall be extended to March 1, 2010
4. In the event there are any conflicts or inconsistencies between Exhibit 1 attached
to this AMENDMENT NO. ONE and the AGREEMENT entered into on January
13, 2009, the terms of the AGREEMENT shall govern.
5. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
By:
ynet e"D. B hamp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
Leilani Brown,
City Clerk
For the City of Newport Beach
Attachments: Exhibit 1 — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Edward D. Selich,
Mayor
for the City of Newport Beach
C.W. DRIVER:
in
Dana Roberts,
President
Bessie Kouvara,
Chief Financial Officer
EXHIBIT 1
C.W. Driver
BUILDERS SINCE 1919
May 4, 2009
Mr. Steve G. Badum
City of Newport Beach
3300 Newport Blvd,
Newport Beach, CA 92658 -8915
Re: City Hall Master Planned Facility
Program Management Services Fee Proposal
Schematic Design I Design Development Phases
[.gear Steve:
15615 Alton Parkway
Suite 150
Irvine, CA 92618
Fax 949.261.5167
Telephone 949.26 1.5100
C. W. Driver is please to submit our fee proposal to provide Program Management Services
through the Schematic Design and Design Development Phases of the Newport Beach City Hall
Master Planned Facility project for your consideration. We are excited about this opportunity to
continue to work with the City of Newport Beach and look forward to a very successful project.
Our proposed fee of $565,348 is a Not -to- Exceed price for services through the SD and DD
Phases of the Project for the nine month duration of June 1, 2009 until February 28, 2010,
based upon the Exhibit B dated April 7, 2009 of Bohlin, Cywinski, Jackson's (BCJ) design proposal
provided to CWD by the City of Newport Beach on 4/13109 as per the following:
SCHEMATIC DESIGN PHASE EGUTIVE SUMMARY LABOR: June I, 2009 — Sept. t 022 09
Project / Program Management Oversight & Support
46%
100,890
Constructability Review
1.5%
2,780
Scheduling
1.5%
3,072
Estimating / Budgeting / Value Engineering
44%
96,436
BIM Manager
4.5%
9,768
Clerical
2.5%
4,860
SUBTOTAL
100%
$217,806
SIGN DEYcLOFM— ENT-PHA5E-EXPCUTIVE SUMMARY LABOR: Sept 13, 2009 —Feb 28-2009
Project / Program Management Oversight & Support
47%
197,230
Constructability Review
2%
3,336
Scheduling
2%
3,072
Estimating / Budgeting / Value Engineering
42%
—110,784
BIM Manager
2%
25,344
Clerical
4%
7,776
SUBTOTAL
100%
$347,542
TOTAL FOR BOTH SD & DD PHASES FOR PROJECT
$565,348
Los Angeles Irvine Ontario San Diego License No. 102
In addition to C.W. Driver's proposal, we offer two alternates for extended services per
the following:
Proposal Alternate #1
L ED DOCI,1MV F Cg0RDfNA710N SERVICES SD & DD PHASES °SUMMARY: .
LEED Document Coordination f Assembly
62%
16,830
LEED Checklist Update / Maintenance / Manage Process
38%
9,840
(Excludes LEED Credit Calculations / Submittals)
$26,670
Pronosal Alternate 92
R B,l�'t(S`ABL£ E_;PEt^1SES5UMMl�F�'Y: .'
SD Phase
Blueprints, Reprographics, Copying — Ind Dist of Docs to Subs
$20,000
Travel Expenses, Mileage — Ind (1) trip for two people to SF
$7,500
SD Phase Reimbursable Subtotal
$27,500
DD Phase
Blueprints, Reprographics, Copying— Incl Dist of Docs to Subs
$20,000
Travel Expenses, Mileage — Inc[ (1) trip for two people to SF
$7,500
DD Phase Reimbursable Subtotal
$27,500
REIMBURSABLE EXPENSES TOTAL
$55,000
The above values and cost categories are estimates only. Should additional items and costs
develop, the Program Manager will request approval from Owner.
C. W. Driver proposes to provide full service program management services through both
the Schematic Design and Design Development Phases including:
a. Develop one full project estimate at each separate Design Phase (Total of 2)
b. Provide on -going cost studies during both SD and DD design phases
c. Management and Coordination of City's Project Consultants including the City's
Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site
Engineering and Survey Group, Commissioning Consultant, etc.
d. Review Consultant Cost Estimates, Proposals
e. Coordinate and attend all team related field trips to existing "like" structures.
Includes photo documentation of trip.
f. Provide, maintain and distribute milestone preconstruction schedules during both
design phases
g. Constructability Review
h. Identify potential cost increasing elements of the project
i. Provide potential value engineering suggestions to project design
C Y V D
LICENSE .Nn. .U!
j. Use of BIM technology for design analysis
k. Facilitate needs assessment information
L Schedule, attend and conduct internal team meetings
m. Develop regular reporting methods for Owner
n. Attendance to all required project meetings and project related committee meetings
o. Facilitate information process to designated parties
p. Jobsite photography as required
Project Exclusions to Base Proposal:
a. Program Management and /or Construction Management Services for the
Construction Document (CD) and Construction Phases of the project.
b. Project energy management simulations, calculations,
c. LEED Credit Calculations
d. LEED Construction Submittals
a. LEED Document Coordinator / Management for Project LEED Certification process
b. Update LEED Checklist and assign responsibility to project team members — (See
Alternate #1)
c. Review and verification of required LEED Certification submittals — (See Alternate
#I)
d. Management of Design Phase Credits — (See Alternate #1)
Please know that we are committed to the total success of this project and look forward to
continuing our relationship with the City of Newport Beach and the Design Teams.
C: John Thornton, Vice President of Operations
Robert Shafer, Chief Estimator
William Hahn, Program Manager
Attachments: Exhibit B — CWD Management Rates and Reimbursabies
C
LICCNsr. no. 10,
GW. Driver C. W. DRIVER
BUILDERS SINCE 1919 Exhibit "B"
MANAGEMENT RATES & REIMBURSABLES
EFFECTIVE January 1, 2009 Bacoca6er -3
ACCOUNTING
84.00
ASSISTANT ESTIMATOR
82.00
ASSISTANT PROJECT MANAGER
139.00
ASSISTANT SUPERINTENDENT
- 109.00
BIM MANAGER -
132.00
CARPENTER
102.00
CARPENTER FOREMAN
107.00
CLERICAL
81.00
CONSTRUCTABILITY REVIEWER
13.9.00
ESTIMATORICOST ENGINEER
148.00
FIELD SUPERINTENDENT
157.00
GENERAL SUPERINTENDENT
195.00
IT SUPPORT
107.00
LABORER
84.00
LABORER FOREMAN
88.00
PROJECT ENGINEER
83.00
PROJECT EXECUTIVE / CHIEF ESTIMATOR
195.00
PROD €CT (PROGRAM) MANAGER
165.00
SAFETY OFFICER
104.00
SCHEDULER
128.00
SENIOR ESTIMATOR
170.00
SENIOR PROJECT ENGINEER
128.00
SENIOR PROJECT MANAGEMENT
171.00
TRUCKING / DELIVERIES
69.00
Above rates apply to standard workweek hours.
ManaNment Rates'
Management Rates Include all wages. workers compensation insurance costs, fringe benefits and payroll taxes, office supplies and expenses,
mobile phone costs, project staff computers and sofware, main office overhead, and profit
Reimburseable Expenses,
Reimburseable expenses will be reimbursed at rate of cost plus 10%. Typical reimbursement costs consist of the following; Travel and
subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs,
postage and mail delivery charges, Permits and Fees, Testing and Inspections. Payment and Performance Bonds
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC.
FOR.CITY HALL & PARK MASTER PLAN EIR
GEOTECHNICAL EXPLORATION AND CONSULTATION
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and LEIGHTON
CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine,
California, 92614 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 24, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for the
performance of geotechnical exploration and consultation for the design and
preparation of environmental documents for the City Hall and Park, hereinafter
referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional
services not included in the AGREEMENT.
C. CITY desires to compensate CONSULTANT for additional professional- services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. ONE, including, but not limited to, all work set forth in the
Supplemental Work Authorization 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. 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 compensation for all
work performed in accordance with this AMENDMENT NO. ONE, including all
reimbursable items and subconsultant fees, shall not exceed Eighteen
Thousand, Five Hundred Fifty -Five Dollars and no/100 ($18,555.00) without
priorwritten authorization from City.
3. In the event there are any conflicts or inconsistencies between Exhibit A
attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on
February 24, 2009, the terms of the AGREEMENT shall govern.
5. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
By:
ynet . Be u nip
Assistant City Attorney
for the City of Newport Beach
ATTEST:
z
Leilani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Edward D. Selich,
Mayor
for the City of Newport Beach
LEIGHTON CONSULTING, INC.:
By:
Kris Lutton,
Senior Vice President
By:
Terry M. Brennan,
Chie Financial Officer
Attachments: Exhibit A — Supplemental Work Authorization
EXHIBIT A
'sr
Leighton Consulting, inc.
A c.einnTOR OVOUP COMPAUT
SUPPLEMENTAL WORK AUTHORIZATION
Client: City of Newport Beach Date: April 14, 2009
3300 Newport Boulevard Project No.: 602184 -002
Newport Beach, California 92663 Project Name: Civic Center
Attention: Mr. Steve Badum
Per the request of CW Driver, additional work was performed at the future City Hall site. Such work
includes additional borings, additional samples for agricultural test, installation of groundwater
monitoring wells, percolation test data, and collection of groundwater data from wells. A summary of
the additional tasks and fees is presented in the table below.
Tasks
Original Scope
Revised Scope
Additional
Additional
Total
Additional
Labor Fee
Reimbursable
Fee
Hand -Auger Borings
8 Borings to 3 feet
4 Borings to 3 feet
-$500
--
-S500
Hollow -Stem Auger
3 Borings up to 80
8 Borings up to 80 feet
$ 2,300
$ 5,900
$ 8,200
Borings
feet
Bucket Auger Borings
1 Boring to 80 feet
No Change
Groundwater Monitoring
2 Wells to 60 feet. Data
Wells Installation &
None
collected once a week
$ 1,150
$ 1,120
$ 2,270
Groundwater Monitoring
for 4 weeks.
Agricultural Testing
56 Samples
78 Samples
$ 3,085
$ 3,085
Geotechnical Samples
4 Borings
9 Borings
$ 1,000
$ 1,000
and Testing
up to 80 feet
up to 80 feet
Percolation Test
None
1 Percolation test
$ 1,500
$ 1,500
at 38 feet
Geotechnieal Boring
4 Borings
9 Borings
$ 3,000
$ 3,000
Logs and Analyses
up to 80 feet
up to 80 feet
Total Additional Fee:
$18,555
Should you have any questions regarding this Additional Budget Request, please contact me at 949 - 250 -1421 or
vcheng @leightongroup.com.
9220 -t 599 17781 Conran v Irvine. CA 92614-6009
949.253.9636 v Fax 949.250, 1114 v www.leightwconsuhing.com
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC.
FOR CITY HALL & PARK MASTER PLAN EIR
GEOTECHNICAL EXPLORATION AND CONSULTATION
THIS AMENDMENT NO, TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON
CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine,
California, 92614 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On February 24, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT ", for the
performance of geotechnical exploration and consultation for the design and
preparation of environmental documents for the City Hall and Park, hereinafter
referred to as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or prior AMENDMENT and to extend
the term of the AGREEMENT to March 1. 2010.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. TWO, 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. 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 compensation for all
work performed in accordance with this AMENDMENT NO. TWO, including all
reimbursable items and subconsultant fees, shall not exceed Thirty -Three
Thousand, Five Hundred Seventy -Four Dollars and no/100 ($33,574.00)
without prior written authorization from City.
3. The term of the AGREEMENT shall be extended to March 1, 2010.
4. In the event there are any conflicts or inconsistencies between Exhibit A
attached to this AMENDMENT NO. TWO and the AGREEMENT entered into on
February 24, 2009, the terms of the AGREEMENT shall govern.
5. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: By:
yne mp
Assistant Ci ttorney
for the City of Newport Beach
ATTEST:
An
Leilani Brown,
City Clerk
for the City of Newport Beach
Attachments: Exhibit A — Scope of Services
Edward D. Selich,
Mayor
for the City of Newport Beach
LEIGHTON CONSULTING, INC.:
By:
Kris Lutton,
Senior Vice President
By:
Terry M. Brennan,
Chie Financial Officer
EXHIBIT A
Leighton Consulting, Inc.
GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING
To: City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: Steve Badum
From: Vivian Cheng
Subject:
Introduction
Date: April 27, 2009
Revised May 4, 2009
Proposal No. P60101199
Proposal for Geotechnical Report for Final Design of the Proposed Newport
Beach City Hall Master Planned Facility Project, City of Newport Beach,
California
In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to
present this proposal to perform geotechnical exploration and prepare a design -level geotechnical
report for the proposed Newport Beach City Hall Master Planned Facility Project. The scope of
work outlined below is based on our current understanding of the proposed facility, the
preliminary geotechnical findings from our EIR level geotechnical exploration, and our
conversations with Mr. William Hahn from C.W. Driver.
Proiect Description
The proposed Newport Beach City Hall Master Planned Facility will be located on an
approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue
(southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado
Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A
ravine is located between the northern and southern areas within the southern parcel. The site is
located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations
ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a
three -story parking structure are planned within the southern parcel immediately north of the
library. Parks are proposed to cover the remaining project area. Based on the current project
plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial
basement is also planned near the southern end of the new city hall building with a bottom
elevation at approximately 130 feet msl. The proposed bottom elevation of the parking structure
ranges from 139 to 157 feet msl from the southern to the northern end. An access road is planned
Page 1of5
17781 Cowan, Irvine, CA 92614
(949) 250 -1421 • FAX (949) 250 -1114
to connect the existing library to the proposed parking structure. A 20 to 40 foot high retaining
wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading
and structural plans are not available at this time.
Project Approach
Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will
be performed within majority of the site during construction. In 2008, Leighton performed a due -
diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that
shallow bedrock, typically 20 feet or less below current grade, was encountered consistently
throughout the site.
Leighton performed an EIR level exploration in 2009 for the project and the report is currently
underway. Deep hollow -stem auger borings, bucket auger borings, groundwater monitoring and
percolation tests were performed at the site in 2009. This phase of exploration was performed
based on a schematic plan provided to us. Our findings within the bucket auger boring showed
that adverse bedrock structure was present. The adverse bedrock structure may impose additional
geologic surcharge on the proposed retaining wall.
The current phase of exploration will be performed based on the final design of the building,
parking structure, and retaining wall. The final design is not available to us at this time. The
exploration will include two bucket auger borings to approximately 80 feet deep to observe and
measure the bedding within bedrock and obtain samples of the soil and bedrock. Data obtained
will be used to develop design parameters for the proposed retaining wall. Recommendations for
the final design of the proposed city hall and parking structure will also be included.
Scope of Work
Leighton will prepare a design -level geotechnical report to provide geotechnical
recommendations for the proposed facility. The scope below is prepared based on our current
understanding of the project. Leighton should review the final design prior to commencement of
field work and provide a revised scope if the future plan deviates significantly from the current
plan, if necessary. Brief descriptions of our proposed tasks are provided below:
Task 1 — Geotechnical Report
Review geotechnical maps and reports in Leighton's in -house library that are relevant to the
site.
Page 2of5
17781 Cowan, Irvine, CA 92614
(949) 250 -1421 • FAX (949) 250 -1114
Premark the bucket auger boring locations at the site. The borings will be marked near the
proposed retaining wall which is adjacent to MacArther Boulevard. The location of the
borings will be submitted to you for your approval prior to the field exploration.
Inform Underground Service Alert (USA) for possible public utilities at the site. We assume
we will be able to access the site during normal business (daylight) hours. We also assume
that site access will be provided by you and no drilling permits will be required.
We will coordinate with LSA to provide an archaeologicaUpaleontological monitor. The
archaeological/paleontological monitor will be on -site full time during all excavation
activities. For the purpose of this proposal, we assume negative findings.
Advance a total of two (2) bucket auger borings near the proposed retaining wall. The bucket
auger borings will be drilled to 80 feet below current grade and will be downhole logged by a
geologist. The bucket auger borings will be advanced to the proposed depth or when
groundwater is encountered, whichever is shallower. All borings will be terminated upon
auger refusal.
Record blowcounts and subsurface conditions encountered by our field personnel. The
bucket auger boring will be downhole logged by a geologist to document bedrock structure.
Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil
cuttings will be spread over the site at the landscape areas.
Representative samples obtained from the borings will be tested in our geotechnical
laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and
may include in -place moisture and density, sieve analyses, direct shear, consolidation,
Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples
remaining after the completion of laboratory testing will be stored in the laboratory for 30
days. After 30 days, samples will be discarded unless we are notified otherwise.
Prepare a geotechnical report summarizing the results of our data review and site exploration.
The report will include:
— Results of site reconnissance and document review;
— Results of previous studies on the site;
— A description of regional and local geology, earth materials encountered in the current and
previous explorations, and depth to groundwater, if encountered. Description of soils will
include presence of potentially expansive and deleterious soils;
— Log of the borings summarizing subsurface conditions, results of laboratory testing, and a
plan indicating the current and previous boring locations;
Page 3of5
17781 Cowan, Irvine, CA 92614
(949) 250 -1421 • FAX (949) 250 -1114
— A geologic cross - section of the study area showing contacts of artificial fill, native soils,
and bedrock, and location of the proposed facilities with the current and previous
subsurface data;
— Recommendations for design capacities of shallow foundations;
— Information on total and differential settlements to be expected based on the
recommended foundation system;
— Recommendations for design and construction of slabs -on- grade;
— Recommendations for earth retaining structures, including backfill, compaction and sub
drainage requirements, and provide active, at -rest and passive earth pressures.
Recommendations will also include geologic surcharge on the wall from the bedrock, and
seismic lateral pressures;
- Recommendations for site grading;
— Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils near
the foundation level of the proposed buildings.
Provide the City a draft copy of the report for review and comment prior to finalization and
update the report based on review comments provided by City and the design team.
Revisions to the Geotechnical Report are assumed to take up to 8 howl. Efforts exceeding 8
hours will need additional budget, to be negotiated prior to the effort being taken.
Task 2 — Team Meetings and Engineering Consultation
It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be
required to attend up to three project team meetings to provide geotechnical input. Leighton
will also be available to provide consultation and support to the team (including
project architects) during final design of the proposed City Hall. For project scoping
purposes, this task is assumed to include up to 12 hours of professional time (meetings and
design consultation). Attendance at meetings and/or public hearings in addition to those
specified above can be provided at an additional cost negotiated before the additional service
is provided.
Schedule
We are prepared to commence work immediately upon your written authorization to proceed. We
can provide a draft report within four weeks of the completion of our subsurface explorations.
We will issue the final report within two weeks of receiving final comments from you.
Page 4ot5
17781 Cowan, Irvine, CA 92614
(949) 250 -1421 • FAX (949) 250 -1114
Project Fees
Task 1— Geotechnical Exploration for Final Design
Site Reconnissance, Field Planning, Boring Marking, Underground Utility
(USA) Clearance
$ 750.00
Structural Plan Review
$1,500.00
Field Exploration, Geotechnical and Agricultural Soil Sampling
$ 2,112.00
$2,112,00
— Leighton Field Geologist (2 days of drilling)
$ 2,800.00
— Reimbursable (Bucket Auger Rig, Cultural and Path-
$ 8,900.00
Monitoring)
Geotechnical Laboratory Test
$ 5,300.00
Geotechnical Analyses
$ 4,600.00
Geotechnical Reports
$ 4,000.00
Total (Lump Sum):
$ 26,350.00
Task 2 — Team Meetings & Post -Report Design Consultation
Grading Plan Review
$1,500.00
Structural Plan Review
$1,500.00
Team Meetings & Design Consultation, est. 12 hours on an as- needed
basis
— Senior Project Engineer ($176/hr x 12 Ins)
— Senior Project Geologist ($176/hr x 12 his)
$ 2,112.00
$2,112,00
Estimated Total:
$ 7,224.00
Assumptions
The project will be subjected to the Prevailing Wage Law.
Fee for archaeological/paleontological monitoring assumed negative findings. If findings are
positive for archaeological/paleontological resources, we will inform you immediately and a
budget augment will be submitted to complete a report of positive findings. The monitoring
will be performed by LSA staff.
Attendance at meetings and/or public hearings in addition to those specified above can be
provided at an additional cost before the additional service is provided.
Page 5ot5
17781 Cowan, Irvine, CA 92614
(949) 250 -1421 • FAX (949) 250 -1114
City of Newport Beach
BUDGETAMENDMENT
2008 -09
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:
NO, BA- 09BA -054
AMOUNT: $s5a,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from City Hall & Park Fund unappropriated fund balance for additional funding for
the Schematic Design and Design Development Phases of City Hall and Park for program management, environmental services,
and geotechnical services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
410 3605
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
City Hall & Park Fund - Fund Balance
Description
Signed:
Manager
Amount
Debit Credit
$954,000.00
Automatic
$954,000.00
Date
Da
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7410 City Hall Construction
Account
Number C1002009 City Hall: New
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
F nancial Approval:
Administratio Services Director
Signed:
Manager
Amount
Debit Credit
$954,000.00
Automatic
$954,000.00
Date
Da
Signed:
City Council Approval: City Clerk Date