HomeMy WebLinkAbout2018-08-28; City Council; Resolution 2018-161RESOLUTION NO. 2018-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH GRIFFIN
STRUCTURES, INC. TO PROVIDE CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES DURING THE DESIGN AND RENOVATION OF THE CITY
OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS,
PROJECT NO. 4715, FOR AN AMOUNT NOT TO EXCEED $385,500.
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that staff requires
the assistance of a construction management and inspection firm to review the design-build contract
bridging documents for the City of Carlsbad Public Safety and Service Center Improvements, Project
No. 4715 (Project), for completeness and constructability prior to advertising a request for proposals,
and to assist with construction management and inspection services during the Project; and
WHEREAS, the Public Works Department solicited a Request for Proposal (RFP) from consultant
firms for construction management and inspection services to review the bridging documents, and to
assist with construction management and inspection services during the Project; and
WHEREAS, staff has received a total of six responses to the RFP and has conducted a
qualifications-based evaluation of the six proposals under Carlsbad Municipal Code section
3.28.0G0(A); and
WHEREAS, staff has identified Griffin Structures, Inc. as the most qualified consultant for the
Project; and
WHEREAS, staff and Griffin Structures, Inc. have negotiated the scope of work and associated
fee for an amount not to exceed $385,500 to provide construction management and inspection
services for the Project; and
WHEREAS, the City Council has determined that adequate funding for the Project currently exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized and directed to execute the Agreement with Griffin
Structures, Inc. to provide construction management and inspection services for the
August 28, 2018 Item #5 Page 3 of 28
Project, in an amount not to exceed $385,500, which is attached hereto as Attachment
A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of August, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
August 28, 2018 Item #5 Page 4 of 28
PSA 19-502TRAN
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS
GRIFFIN STRUCTURES, INC.
THIS AGREEMENT is made and entered into as of the ~~ day of
A~\-..b:( , 2018, by and between the CITY OF CARLSBAD, a municipal
corpon, ("City"), and GRIFFIN STRUCTURES, INC., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in
construction management and inspection services.
B. Contractor has the necessary experience in providing professional services and
advice related to construction management and inspection services.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of eighteen (18) months from the date
first above written. The City Manager may amend the Agreement to extend it for two (2) additional
six (6) month periods or parts thereof. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The parties
will prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
not-to-exceed three hundred eighty-five thousand five hundred dollars ($385,500). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent ( 10%)
retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
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recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
11 . INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
11.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
11.1.1 Commercial General Liability (CGL) Insurance. $ Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11 .2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
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11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
11.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
11 .3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
12. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
14. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
15. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
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16. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Steven Stewart
Title Municipal Projects Manager
Department Public Works
City of Carlsbad
Address 1635 Faraday Av
Carlsbad, CA 92008
Phone No. 760-602-7543
For Contractor
Name Jon Hughes
Title Project Manager
Address 2 Technology Drive, Suite 150
Irvine, CA 92618
Phone No. 949-497-9000
Email jhughes@griffinstructures.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
17. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes~ No D
18. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Cootractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatis~actory
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to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution . Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
24. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
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or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
25. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
26. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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27. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
GRIFFIN STRUCTURES, INC., a
~e) -
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ~;:iforni~
.J,,..__ t¾IM.s · V'f> Oe-£adto~
( rint name/title)
By:
(si~
[),1'.?'fJ a.J /4A-t-,vo / v lc.g:: f?e?-1 De,-.),r-
(print nartle/title)
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _cd,_~.et:d:..L=--="-"--...::~=-=--=-------=""-----
Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Construction Management and Inspection Services
Safety Center Renovations
TASK 1: Preconstruction Services
TASK 1.1 Scope of Work and Construction Sequence
PSA 19-502TRAN
Review the project scope or work and provide advise with regard to viable sequence of work
possible in an occupied facility based on prior work experience. This Task will involve meetings
with Police and Public Works Department staff to determine the best way to require the work
to be prosecuted.
TASK 1.2 Project Bid Documents
Review and provide comments and corrections for the project bid documents which will consist
of the City's General Provisions, Supplemental Provisions, Technical Specifications and
Appendices, and the project construction plans. Any inconsistencies between the City's
General and Supplemental Provisions and the Technical Specifications, Appendices and
Construction Documents prepared by the design firm shall be identified.
TASK 1.3 Opinion of Probable Cost
Review the estimate of probable construction costs prepared by bridging document architect to
identify any recommended refinements or modifications that can be incorporated into the final
bid documents to ensure that the projects can be constructed within the established budget.
The review shall take into consideration area and quantity take-offs applied to labor and
material cost, allowances for general conditions, Contractor's profit and overhead, city costs,
and contingencies. Prior to final approval of bid documents, review the updated estimate to
reflect any changes in cost resulting from design, materials, or quantity changes.
TASK 1.4 Design Build Proposal Solicitation Phase
Review and provide comments regarding qualifications of short-listed design-build firms based
on experience and Statements of Qualification submitted for this project. Assist with
preparation of Request for Proposal and discussions with short-listed design-build firms brought
in to advise City during RFP development. Participate in panel discussion and selection of
design-build firm to be awarded the project.
TASK 2: Construction Services
TASK 2.1 Contract Administration/Management
The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects
of Public Works contract compliance, change/claims negotiations and processing, and contract
interpretations and enforcement. The CM shall utilize the field offices provided by the
Contractor. Furniture and basic office equipment shall be provided by the Contractor per the
specifications.
The CM shall oversee, perform, and coordinate work included in the scope of services, as
directed by the City. The CM shall: prepare reports, letters and memoranda; conduct project
meetings; prepare meeting agendas and minutes, monitor and track the expiration of insurance
requirements and obtain updated certificates from the Contractor; coordinate sub-consultant
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testing and specialty services; review daily inspection notes and identify and report
nonconforming items; notify the City of significant problems and discrepancies; assist the City
with interpreting drawings, specifications and reference standards; monitor construction
activities and schedules; assist the City with resolving constructability problems; coordinate
connections and operations; perform quality assurance inspections, prepare change orders
(including cost estimating services); review and notify the Contractor of test results; investigate
claims; review the Contractor's Record Drawings periodically and concurrently with Contractor
progress payments; and prepare project punch lists, etc.
TASK 2.2 Reports and Communications
All relevant project communications shall be documented and promptly distributed to the City
and applicable parties. All original project documents and final project reports shall be furnished
to the City within 60 days following the City's determination of Substantial Completion.
Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other
submittals, logs of requests for information, change orders, progress payment requests,
progress meeting reports, daily inspection reports, dates of utility service interruptions, and all
other project correspondence.
Monthly progress reports shall be prepared and submitted to the City's Municipal Projects
Manager and shall include the following elements:
a) Summary of the prior month's main accomplishments and current construction
activities.
b) Overall Contractor's conformance to contract schedule and quality requirements.
c) Identification of key problems, action items, and issues. Recommendation for
solutions.
d) Summary of progress payments, proposal and final change orders, disputes,
submittals, RFls, and Notices of Noncompliance.
e) Photographs of representative project activities printed and electronically stored.
TASK 2.3 Photo Documentation
Review the Contractor's videotape of preconstruction site conditions prior to any construction
operation to confirm existing conditions within the limits of work, adjacent areas, and along haul
roads to document and clearly depict pre-existing conditions. Prepare additional videotape
and/or photographs to document site conditions as required to supplement the Contractor's
videotape.
Take and share construction documentation photographs on a regular basis. Maintain a digital
photographic library of all significant construction activities available for review on at least a
weekly basis via project management software. Provide unique file names for photos with date
and location information included. Take additional photographs to document differing site
conditions, change order and claim items, and any special or unique conditions as they arise.
Incorporate new software capabilities (Blue Beam, etc.) that allow photographs taken in the field
to be linked to a PDF of the site plan/drawing/detail of the photographed location. A report of
these photos linked to their location is to be provided weekly. Photos shall be uploaded to the
approved project document management site regularly.
TASK 2.4 Construction Progress Meetings
Schedule and conduct weekly construction progress meetings with the Contractor and the City.
Provide meeting agendas and discuss the schedule, near-term activities, clarifications and
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problems which need resolution, coordination with other Contractors, status of change orders,
safety issues, etc. Prepare minutes of the meetings with identified action items. Prepare and
distribute the minutes to the attendees within two working days. Include minutes in the monthly
progress reports.
TASK 2.5 Shop Drawings and Submittal Reviews
Submittal review and approval are the responsibility of the project bridging document architect
and the City's Municipal Project Manager. The CM shall be responsible for processing and
monitoring the status of all submittals.
The CM shall provide cursory review of the Contractor's submittals for general conformance
with the contract document requirements prior to sending the submittals to the bridging
document architect and City Municipal Project Manager. Submittals of a general nature
(General Provisions & Division 1 Requirements) are to be reviewed and processed by the CM.
Review of the Contractor's construction schedule and monthly updates shall be the sole
responsibility of the CM with input provided from the architect and City.
CM will log, track, and monitor the bridging document architect, and design build architect's role
regarding the review of shop drawings, calculations, data samples, submittals, warranties and
manuals from the Contractor. Shop drawings and submittals which significantly do not satisfy
the project criterion shall be returned to the Contractor with comments for corrections and
resubmittal. Exception reports, that identify outstanding submittals or reviews needed, shall be
prepared periodically by the CM. Preliminary lists of initial submittal requirements shall be
prepared by the CM and issued at the Preconstruction Conference.
TASK 2.6 Plans and Specifications Interpretation
The CM shall review and respond to Contractor RFls if of a general nature. Technical RFls shall
be submitted to the bridging document architect and City for response. The CM shall maintain
a log of RFls and provide written clarification to the Contractor in a timely manner. Responses
to requests for changes to the design require prior approval from the bridging document
architect and City's Municipal Projects Manager.
Obtain and maintain specification referenced standards including: local and regional
specifications, codes, standards, publications, regulations, applicable permitting criteria from
local, state, and federal agencies, standard drawings and specifications of the local agencies,
and related documents, as referenced in the contract documents and as required to perform
the work.
TASK 2.7 Construction Inspection Services
CM will be responsible for the overall quality assurance of the project and work with City staff
responsible for code compliance. Provide full time inspection to ensure that the Contractor's
work is compliant with the bridging document project criterion. Prepare daily reports of the
construction activities including weather conditions, Contractor's equipment and manpower,
work performed, materials used, site visitors, delays in work and reasons for the delays, and
deficiencies. Prepare daily reports of deviations and non-conformance to bridging document
project criterion and provide a timely response.
Coordinate and supervise, under subcontract, all special inspections at the job site as required
of materials and workmanship, and discuss with the Contractor appropriate revisions to the
methods and procedures used in performing the work. The special inspectors may not authorize
extra work or approve of work that deviates from the bridging document project criterion.
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PSA 19-502TRAN
CM will inspect materials as they arrive on site and verify that all materials and equipment meet
project criteria requirements and are properly stored. The CM will inspect the site daily,
including any site SWPPP measures, manage special inspectors, and coordinate with any
geotechnical and material testing consultants, coordinate with any FF&E vendors and be
responsible for the overall quality assurance of the project.
TASK 2.8 Progress Payments
Review project-related invoices and progress payments. Submit all invoices to the City's
Municipal Projects Manager with a recommendation stating the proper amount for payment.
Use the Schedule of Values and actual quantities as a basis to prepare payment requests. The
City will provide a format for monthly progress payments based on the Bid Schedule in the
contract.
TASK 2.9 Contractor's Claims and Change Orders
In accordance with the City's Standard Public Works Contract and Supplemental Provisions,
identify, prepare, log, and monitor all Contractor or City initiated claims, changes, extra work,
and change orders. Assist the City's Municipal Projects Manager by working to negotiate all
claims to an agreed Contractor/CM/City conclusion. Submit resultant change orders to the City
for approval. Prepare a report providing statement of claim, extra work, or change; background
leading to issue; resolution alternatives; and resolution recommendation for action by the City.
Prepare written justification and independent cost estimates for each change order after
negotiating costs with the Contractor. Prepare claims, extra work, and change orders that
require design criteria modifications or clarifications, including revisions to the drawings, details,
and specifications.
Provide the lead role and support to the City in resolving claims and disputes. This shall include:
written responses to Contractors and private parties, giving depositions, assisting with
arbitration and litigation, serving as an expert witness, investigating claims for damages by
private sources, design services for replacement of damaged work, and services made
necessary by Contractor default.
TASK 3: Project Closeout
Prepare detailed project punch lists at closeout of the project. Upon correction of deficiencies,
schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the
City. Verify work, testing, cleanup and demobilization is complete. Two working days after final
walk-through, check and submit final payment requests. Review and certify that the Contractor's
project record drawings and operation/maintenance manuals are complete and accurate.
12 of 22 August 28, 2018 Item #5 Page 17 of 28
PSA 19-502TRAN
the completion of the design, coordinating with the various impacted departments, and working closely with the
Design Build Contractor to develop a detailed and comprehensive phasing plan for implementation. It is also
during this time that we would he perfonning a constructability review, as evaluating what long lead items might
need to be prepurchased.
Construction: For this phase of the prqject, we anticipate allocating a full time commitment for Consh·uction
l\fanagement as described in Addendum O 1 of the RFP. During this time the Consh,.tction Manager will oversee
all aspects of the work, coordinate with all departments, and prmide all the services described in the RFP. For
this phase of work we have allocated 1640 hours.
Project Closeout: For this phase of service, we are anhnpating a 1 month closeout period where the
Conshuction Manager will oversee all aspect of completing the prqject. For this phase we have allocated I GO
hours of time.
Project Executive: In an effort to bring support to the te;un, and provide insight from other prqjects of similar
nature and complexity, we haw also included an allocation of hours for our Prqject ExecutiYe to oversee the
prqject for it's entire duration. This will bring a level of support and extended resources to the Constrnction
:Manager to insure the City receives the highest level of service. For this level of support we have included 210
hours.
Special Inspections and Testing: This scope of service is included as an ALLO\,V ANCE. Given the scope of
this prqject, we anticipate the Special Inspections and Testing scope of services lo be relatively modest. That is
based on the current assumption that the existing building does not require seismic retrofit, but rather sporadic
inspections of modest structural modifications. \~'e also assume that the exterior work listed as an Alternate is
not included in the prqject. Of course, as the prqject evolves, and the scope of work becomes more focused,
we will work closely with the City to produce a more detailed estimate of services to bring the best value to the
City.
QUALIFICATIONS AND EXCLUSIONS
1. On-site h·ailer rental, furniture, utilities, and sanitary facilities for our field staff (Project and Construction
Management team) are excluded. ~' e assume that offices will be provided as part of the construction
site trailer(s) being provided by the City's conb·actor.
2. Costs for all permits required for the project are excluded. It is assumed that the City will pay for all
permitting tees, assessments, easements, school fees, and other agency or governmental fees or costs to
support the design and consh,.1ction the prqject. \,Ve have not included any permit related fees \\1thin
our fee proposal.
3. Costs for surveying, constrnction staking, environmental and hazardous materials surveys, and all
remediation costs are excluded
4. Sofh\'are licenses or user fees for specific prqject management software being required by either the City,
their consultant(s), or conb·actor(s) is excluded.
5. Cost of bulk blueprinting for plans and specifications for use by the contractors ,md subconb·actors is
excluded. Funds included in reimbursable expenses are for Griflin printing costs alone.
6. \Vage Compliance Program including Certified Payroll auditing, field interviews, or reporting is
excluded. Based on State Law SB 854, it is assumed that the Dept. of lndush·ial Relations (DIR) will
Page 2 of 3
14 of 22 August 28, 2018 Item #5 Page 19 of 28
PSA 19-502TRAN
manage this effort at the State level. Griffin will enforce the Contractor registration requirements
stipulated by the DIR should they he required on this prqject.
7. Independent or third-party testing companies such as Roofing, Peer Re,iews, LEED, or other specialized
third-party oversight ser,ices other than those listed herein are excluded.
8. Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage the
commissioning process, but we have not included a commissioning agent, nor development of
commissioning specifications.
9. LEED Commissioning and LEED Consultant Services are excluded.
10. Hourly rates ;u-e ,·alid through December of 2020 and "ill escalate by CPI annually thereafter.
11. No FF&E or OS&E is included in this proposal. This proposal does include the oversight and
management of the FF&E process
12. 2,1-hour ,·ideo surveillance is excluded.
rn. Constntclion l'vlanager will review all RFI's, Submit1als, and Substitutions for completeness, approvals lo
be executed by the designer or record.
14. For document tracking control, Grillin has included the use of "Submillal Exchange" for managing
construction documentation, and based the hours allocated in this proposal accordingly. The cost of
"Submittal Exchange'' is included here as a reimbursable expense.
15. Insurance costs are included as a reimbursable expense and ,,ill be billed monthly at the rate or $8 per
$1,000.
16. At no cost to the Owner, and suhject to Internal Revenue Code 179d, (Deduction for Energy Efficient
Commercial Buildings) Owner agrees to allocate any applicable tax credits to construction manager
(Griffin Structures) as may be relevant to 'non-profit' prqjects.
17. CASp review and inspection services are excluded.
18. Eneq,•y efficiency and costing analysis services ;u·e excluded.
Page 3 of :-l
15 of 22 August 28, 2018 Item #5 Page 20 of 28
METHOD
TRIAXIAL TESTS
Unconfined compression strength of cohesive soil
(with stress/strain plot, ASTM D 2166)
Unconsolidated undrained triaxial compression test on cohesive
soils (USACE Q test, ASTM D 2850, per confining stress)
Consolidated undrained triaxial compression test for cohesive soils,
(ASTM D 4767, CU, USACE R-bar test) with back pressure
saturation & pore water pressure measurement
(per confining stress)
Consolidated drained triaxial compression test (CD, USACE S test),
with volume change measurement. Price per soil type below EM
1110-2-1906(X):
-Sand or silty sand soils (per confining stress)
-Silt or clayey sand soils (per confining stress)
-Clay soils (per confining stress)
-Three-stage triaxial (sand or silty sand soils)
-Three-stage triaxial (silt or clayey sand soils)
-Three-stage triaxial (clay soils}
Remolding of test specimens
$/TEST
135
170
375
375
500
705
655
875
1,235
65
PSA 19-502TRAN
Leighton I Fee Schedule
METHOD $/TEST
HYDRAULIC CONDUCTIVITY TESTS
Triaxial permeability in flexible-wall permeameter with backpressure 310
saturation at one effective stress (EPA 9100/ASTM D 5084,
falling head Method C)
-Each additional effective stress 120
-Hand trimming of soil samples for horizontal K 60
Remolding of test specimens 65
Permeability of granular soils (ASTM D 2434) 135
SOIL-CEMENT
Moisture-density curve for soil-cement mixtures (ASTM D 558) 240
Wet-dry durability of soil-cement mixtures (ASTM D 559) 1 1,205
Compressive strength of molded soil-cement cylinders (ASTM D 60
1633) per cylinder 1
Soil-cement remolded specimen (for shear strength, 235
consolidation, etc.) 1
1 Compaction (ASTM D 558 maximum density) should also be
performed -not included in above price
CONSTRUCTION MATERIALS LABORATORY TESTING
SAMPLE TRANSPORT $/TRIP METHOD $/TEST
Pick-up & delivery 85 Theoretical maximum density and specific gravity of HMA 130
(weekdays, per trip, <50 mile radius from Leighton office) (CTM 309/AASHTO T209)
METHOD $/TEST Thickness or height of compacted bituminous paving mixture 40
specimens (ASTM 3549)
CONCRETE STRENGTH CHARACTERISTICS Rubberized asphalt (add to above rates) +25% Concrete cylinders compression (ASTM C 39) (6" x 12") 25
Compression, concrete or masonry cores (testing only} 40 AGGREGATE PROPERTIES
S6 inch diameter (ASTM C 42) Sieve analysis (fine & coarse aggregate, ASTM C 136/ CTM 202) 135
Trimming concrete cores (per core) 20 with finer than #200 wash (ASTM C117)
Flexural strength of concrete (simple beam with 3rd pt. loading, 85 LA Rattler-smaller coarse aggregate <1.5" (ASTM C 131/ 200
ASTM C 78/CTM 523) AASHTOT96)
Flexural strength of concrete (simple beam w/ center pt. loading, 85 LA Rattler-larger coarse aggregate 1-3" (ASTM C 535) 250
ASTM 293/CTM 523) Durability Index (DI, CTM 229) 200
Non shrink grout cubes (2", ASTM C 109/C 1107) 25 Cleanness value of coarse aggregate (CTM 227) 210
Drying shrinkage (four readings, up to 90 days, 3 bars, 400 Unit weight of aggregate (CTM 212) 50
ASTM C 157) Soundness, magnesium (ASTM C 88) 225
HOT MIX ASHPALT (HMA) Soundness, sodium 650
Compacted AC Resistance to Moist Damage (AASHTO T 283) 2,100 Uncompacted void content -fine aggregate (CTM 234/ 130
AASHTO T 304) Hamburg Wheel, 4 briquettes (modified) (AASHTO T 324) 900 Flat & elongated particles in coarse aggregate (CTM 235/ 215 Gyratory Compaction (AASHTO T 312) 350 ASTM D 4791) Extraction by ignition oven, percent asphalt (ASTM D 6307 150 Percent of crushed particles (CTM 205/AASHTO T335) 135 /CTM 382/AASHTO T308) Organic impurities in concrete sand (CTM 213) 60 Ignition oven correction/correlation values quote Specific gravity-coarse aggregate (CTM 206) 100 Extraction by centrifuge, percent asphalt (ASTM D 2172) 150 Specific gravity -fine aggregate (CTM 207) 125 Gradation of extracted aggregate (ASTM D 5444/CTM 202) 135 Sand Equivalent (CT 217/AASHTO T 176) Stabilometer value (CTM 366) 265 Apparent specific gravity of fine aggregate (CTM 208) 130 Bituminous mixture preparation (CTM 304) 80 Moisture content of aggregates by oven drying 40 Moisture content of asphalt (CTM 370) 60 (CTM 226/AASHTO 1255) Bulk specific gravity -molded specimen or cores (ASTM D 1188/ 55 Clay lumps, friable particles (ASTM C 142) 175 CTM 308/AASHTO T 275)
Maximum density -Hveem (CTM 308) 200
20 of 22 August 28, 2018 Item #5 Page 25 of 28
METHOD
MASONRY
$/TEST
Mortar cylinders (2" by 4", ASTM C 780) 25
Grout prisms (3" by 6", ASTM C 1019) 25
Masonry cores compression, S6" diameter (testing only, 40
ASTM C42)
CMU compression to size 8" x 8" x 16" (3 required, ASTM C 140) 45
CMU moisture content, absorption & unit weight (6 required, 40
ASTM C 140)
CMU linear drying shrinkage (ASTM C 426) 175
CMU grouted prisms (compression test S8" x 8" x 16", 180
ASTM E 447 C 1314)
CMU grouted prisms (compression test> 8" x 8" x 16", 250
ASTM E 447 C 1314)
Masonry core-shear, Title 24 (test only) 70
BRICK
Compression (cost for each, 5 required, ASTM C 67) 40
PSA 19-502TRAN
Leighton I Fee Schedule
METHOD
SLAB-ON-GRADE MOISTURE EMISSION KIT
Moisture test kit (excludes labor to perform test, ASTM E 1907)
REINFORCING STEEL
Rebar tensile test, up to No. 10 (ASTM A 370)
Rebar tensile test, No. 11 & over (ASTM A 370)
Rebar bend test, up to No. 11 (ASTM A 370)
STEEL
Tensile strength, S100,000 pounds axial load (ASTM A 370)
Prestressing wire, tension (ASTM A 416)
Sample preparation (cutting)
SPRAY APPLIED FIREPROOFING
Unit weight (density, ASTM E 605)
$/TEST
60
45
100
45
45
150
50
60
EQUIPMENT, SUPPLIES & MATERIALS
$/UNIT $/UNIT
1/4 inch Grab plates 5 each Manometer 25 day
1/4 inch Tubing (bonded) 0.55 foot Mileage 0.54 mile
1/4 inch Tubing (single) 0.35 foot Nitrile gloves 20 pair
3/8 inch Tubing, clear vinyl 0.55 foot Nuclear moisture and density gauge 88 day
4-Gas meter (RKI Eagle or similar) 120 day Pachometer 25 day
Air flow meter and purge pump (200 cc/min) 50 day pH/Conductivity/Temperature meter 55 day
Box of 24 soil drive-sample rings 120 box Photo-Ionization Detector (PID) 110 day
Brass sample tubes 10 each Pump, Typhoon 2 or 4 stage 50 day
Caution tape (1000-foot roll) 20 each QED bladder pump w/QED control box 160 day
Combination lock or padlock 11 each Resistivity field meter & pins 50 day
Compressed air tank and regulator 50 day Slip I Threaded Cap, 2-inch or 4-inch diameter, 15 each
Concrete coring machine (S6-inch-dia) 150 day PVC Schedule 40
Consumables (gloves, rope, soap, tape, etc.) 35 day Slope inclinometer 200 day
Core sample boxes 11 each Soil sampling T-handle (Encore) 10 day
Crack monitor 25 each Soil sampling tripod 35 day
Cutoff saws, reciprocating, electric (Saws All) 75 day Stainless steel bailer 40 day
Disposable bailers 12 each Submersible pump, 10 gpm, high powered 160 day
Disposable bladders 10 each Grunfos 2-inch with controller
Dissolved oxygen meter 45 day Submersible pump/transfer pump, 10-25 gpm 50 day
DOT 55-gallon containment drum with lid 65 each Survey/fence stakes 8 each
Double-ring infillrometer 125 day Tedlar® bags 18 each
Dual-stage interface probe 80 day Traffic cones (S25)/barricades (single lane) 50 day
GEM 2000 130 day Turbidity meter 70 day
Generator, portable gasoline fueled, 3,500 watts 90 day Tyvek® suit (each) 18 each
Global Positioning System (GPS) 80 day Vapor sampling box 45 day
Hand auger set 90 day Vehicle usage Included
HDPE safety fence (S100 feet) 40 roll VelociCalc 35 day
Horiba U-51 water quality meter 135 day Visqueen (20 x 100 feet) 100 roll
In-situ level troll 500 (each) 90 day Water level indicator (electronic well sounder) 60 day
In-situ troll 9500, low flow water sampling 150 day <300 feet deep well
Lockable equipment box 15 day Well service truck usage 200 day
Magnahelic gauge 15 day ZIPLEVEL® 15 day
Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site
21 of 22 August 28, 2018 Item #5 Page 26 of 28
PSA 19-502TRAN
Leighton I Fee Schedule
TERMS & CONDITIONS
• Expiration: For all classifications except those subject
to prevailing wage, this fee schedule is effective through
December 31, 2016 after which remaining work will be
billed at then-current rates.
• Proposal Expiration: Proposals are valid for at least 30
days, subject to change after 30 days; unless otherwise
stated in the attached proposal.
• Prevailing Wages: Our fees for prevailing wage work
are subject to change at any time based upon the project
advertised date, and changes in California prevailing
wage laws or wage rates. Prevailing wage time accrued
will include portal to portal travel time.
• Overtime: Overtime for field personnel will be charged
at 1.5 times basic hourly rates when exceeding 8 hours
up to 12 hours per 24 hour interval, and 2 times basic
hourly rates when exceeding 12 hours in 24 hours or on
Sunday, and 3 times basic hourly rates on California
official holidays.
• Expert Witness Time: Expert witness deposition and
testimony will be charged at 2 times hourly rates listed on
the previous pages, with a minimum charge of four hours
per day.
• Minimum Field Hourly Charges: For Field Technician
Special Inspectors or Material Testing Services:
4 hours: Cancellation of inspections not canceled by
4:00 p.m. on preceding day (No charge if
cancellation is made before 4:00 p.m. of the
preceding work day.)
8 hours: Over 4-hour working day, or begins before
noon and extends into afternoon
• Outside Direct Costs: Heavy equipment, subcontractor
fees and expenses, project-specific permits and/or
licenses, project-specific supplemental insurance, travel,
subsistence, project-specific parking charges, shipping,
reproduction, and other reimbursable expenses will be
invoiced at cost plus 10%, unless billed directly to and
paid by client.
22 of 22
• Invoicing: Invoices are rendered monthly, payable upon
receipt in United States dollars. A service charge of 1 %-
percent per month will be charged for late payment.
• Client Disclosures: Client agrees to provide all
information in Client's possession about Qctual or
possible presence of buried utilities and hazardous
materials on the project site, prior to fieldwork, and
agrees to reimburse Leighton for all costs related to
unanticipated discovery of utilities and/or , hazardous
materials. Client is also responsible for providing safe
and legal access to the project site for all Leighton field
personnel.
• Earth Material Samples: Quoted testing unit rates are
tor soil and/or rock (earth) samples free of hazardous
materials. Additional costs will accrue beyond ·these
standard testing unit rates for handling, testing and/or
disposing of soil and/or rock containing hazardous
materials. Hazardous materials will be returned to the
site or the site owner's designated representative at
additional cost not included in listed unit rates. Standard
turn-around time for geotechnical-laboratory test results
is 10 working days. Samples will be stored for 2 months,
after which they will be discarded. Prior documented
notification is required if samples need to be stored for a
longer time. A monthly storage fee of $10 per bag and
$5 per sleeve or tube will be applied. Quoted unit rates
are only for earth materials sampled in the United States.
There may be additional cost for handling imported
samples. ·
• Construction Material Samples: After all designated
28-day breaks for a given sample set meet specified
compressive or other client-designated strength, all
"hold" cylinders or specimens will be automatically
disposed of, unless specified in writing prior to the 28-day
break. All other construction materials will be disposed
of after completion of testing and reporting.
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