The URL can be used to link to this page

Home My WebLink About2023-02-14; City Council; ; Amendment to an Agreement with Griffin Structures, Inc. and Appropriation of Additional Funds for the Police and Fire Headquarters Improvements ProjectCA Review __AF__ Meeting Date: Feb. 14, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Steven Stewart, Municipal Projects Manager steven.stewart@carlsbadca.gov, 442-339-2938 Mickey Williams, Police Chief mickey.williams@carlsbadca.gov, 442-339-2130 Subject: Amendment to an Agreement with Griffin Structures, Inc. and Appropriation of Additional Funds for the Police and Fire Headquarters Improvements Project District: 2 Recommended Action Adopt a resolution authorizing Amendment No. 3 to the agreement with Griffin Structures, Inc. for construction management and inspection services for the Police and Fire Headquarters Improvements Project, Capital Improvement Program Project No. 4715, in an amount not to exceed $541,000 and an appropriation of an additional $529,292 from the General Capital Construction and Infrastructure Replacement Funds to Capital Improvement Program Project No. 4715. Executive Summary The construction management and inspection services agreement with Griffin Structures, Inc. for the Police and Fire Headquarters Improvements Project will expire on Feb. 27, 2023. The term of this agreement was established early in the project’s design phase when the project’s overall duration was unknown. The agreement term now needs to be extended for 15 months, to May 27, 2024, to cover the balance of construction work and the subsequent close-out period. Staff recommend amending and extending the agreement with Griffin Structures, Inc. for 15 months, to May 27, 2024, in an amount not to exceed $541,000 and appropriating $529,292 in additional project funding. City Council authorization of the amendment is required under Carlsbad Municipal Code Section 3.28.040 - Procurement and disposition responsibilities because the value of the amendment is more than $100,000. Explanation & Analysis The Police and Fire Headquarters, formerly called the Safety Center, was permitted for construction in 1985 to serve a staff of 95 personnel. Staffing has increased to 188 personnel, but the building has not been significantly renovated to accommodate the growth. The Feb. 14, 2023 Item #3 Page 1 of 15 complex, 2560 Orion Way, has a two-story administration building, which is the Police and Fire Headquarters, and an attached one-story conference room building. The Police and Fire Headquarters Improvements Project was incorporated into the Capital Improvement Program during fiscal year 2014-15 and was developed, scoped and designed in coordination with the Police and Fire Departments over several years. The project comprehensively addresses building infrastructure needs, energy efficiency upgrades and essential safety and security improvements, all in a more efficient office layout. • Aug. 28, 2018 - the City Council adopted Resolution No. 2018-161, approving an agreement with Griffin Structures, Inc. for construction management and inspection services. • Jan. 26, 2021 - The agreement was extended and amended to maintain the continuity of coordination efforts, value engineering and construction sequencing work that Griffin Structures had helped orchestrate with staff. Amendment No. 3 to the agreement will increase the total cost of the agreement to an amount not to exceed $1,294,500. Fiscal Analysis Funds from the General Capital Construction and Infrastructure Replacement funds have been appropriated for the project as shown below: Police and Fire Headquarters Improvements Project Capital Improvement Program Project No. 4715 Current appropriation – General Capital Construction Fund $10,973,500 Current appropriation – Infrastructure Replacement Fund $9,993,050 Current expenditures/encumbrances – General Capital Construction Fund ($10,940,831) Current expenditures/encumbrances – Infrastructure Replacement Fund ($8,897,357) Current funding balance available $1,128,362 Additional project costs Amendment No. 3 with Griffin Structures, Inc. $541,000 Construction contingency balance $966,365 Staff time, miscellaneous cost balance (estimated) $150,289 Remaining balance $1,657,654 Additional appropriation needed $529,292 Feb. 14, 2023 Item #3 Page 2 of 15 The General Capital Construction Fund balance is sufficient to support the required $400,000 and the Infrastructure Replacement Fund balance is sufficient to support the required $129,292. FUND BALANCES General capital construction Infrastructure replacement Fund balance as of June 30, 2022 (unaudited) $42,532,124 $113,164,505 Total commitments to existing projects ($33,949,019) ($43,398,795) Total estimated revenues in FY22-23 $4,113,577 $3,977,000 Total available funding $12,696,682 $73,742,710 Construction upgrades and enhancements ($400,000) Replacement and maintenance of existing infrastructure ($129,292) Remaining available funding after appropriation $12,296,682 $73,613,418 Options Staff provide the following options for the City Council’s consideration: 1. Adopt a resolution authorizing execution of Amendment No. 3 to the agreement with Griffin Structures, Inc. extending the term for a period of 15 months, in an amount not to exceed $541,000 and authorizing an additional appropriation of $400,000 from the General Capital Construction Fund and $129,292 from the Infrastructure Replacement funds to CIP Project No. 4715 Pros • Staff determined that the proposal from Griffin Structures, Inc. was fair and reasonable for the balance of its work on the site • Staff have found Griffin Structures’ performance of construction management and inspection work to be of great importance and value to the city on this complicated project Cons • None identified 2. Do not adopt the resolution Pros • None identified Cons • Staff would have to issue a task order against an existing master agreement with Griffin for these services using current funding budgeted for construction contingency at a challenging time in the sequence of the work on site. • Use of construction contingency funds at this time would increase the likelihood that additional project funding would be needed for construction change orders at a later date. Staff recommend Option 1. Feb. 14, 2023 Item #3 Page 3 of 15 Next Steps Staff will process Amendment No. 3 to the agreement with Griffin Structures, Inc. Staff will also allocate additional project funding for the amendment as described above. The project construction is estimated to be completed in early 2024. Environmental Evaluation The City Planner has determined that the project is exempt from the California Environmental Quality Act, under Guidelines Section 15301(a), which applies to interior or exterior alterations in existing facilities, such as interior partitions, plumbing and electrical conveyances. No exception to the exemption as set forth in Guidelines section 15300.2 applies to this project. Exhibits 1. City Council resolution 2. Location map Feb. 14, 2023 Item #3 Page 4 of 15 RESOLUTION NO. 2023-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH GRIFFIN STRUCTURES, INC., AND APPROPRIATION OF ADDITIONAL PROJECT FUNDS FOR THE POLICE AND FIRE HEADQUARTERS IMPROVEMENTS PROJECT WHEREAS, on Aug. 28, 2018, the City Council adopted Resolution No. 2018-161, authorizing Griffin Structures, Inc. to provide construction management and inspection services for the Police and Fire Headquarters, which was formerly called the Safety Center, Improvements Project, Capital Improvement Program Project No. 4715, or Project, in an amount not to exceed $385,500; and WHEREAS, on Jan. 29, 2021, the City Council adopted Resolution No. 2021-033, amending and extending the agreement with Griffin Structures, Inc. to continue providing construction management and inspection services for the Project, in an amount not to exceed $368,000; and WHEREAS, the ongoing construction work is scheduled to continue through early 2024 and requires continued construction management and inspection services provided by Griffin Structures, Inc.; and WHEREAS, the City Council has determined it is in the best interest of the city to maintain the same construction management and inspection team that has been involved to date for the duration of the Project; and WHEREAS the City Council and Griffin Structures, Inc. desire to amend and extend the Agreement for a period of 15 months in an amount not to exceed $541,000, with the total agreement in an amount not to exceed $1,294,500; and WHEREAS, appropriation of additional funds in the amount of $400,000 from the General Capital Construction Fund and $129,292 from the Infrastructure Replacement Fund are required to fund the Amendment; and WHEREAS, the City Planner has determined that the Project is exempt from the California Environmental Quality Act, or CEQA, under State Guidelines Section 15301(a) which applies to the interior or exterior alterations in existing facilities involving such things as interior partitions, plumbing, and electrical conveyances, and no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies to this Project. Exhibit 1 Feb. 14, 2023 Item #3 Page 5 of 15 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 Deputy City Manager, Administrative Services, is authorized to appropriate $400,000 from the General Capital Construction Fund and $129,292 from the Infrastructure Replacement Fund to the Police and Fire Headquarters Renovation Project, CIP Project No. 4715. 3.That the Mayor is authorized and directed to execute Amendment No. 3 to the agreement with Griffin Structures, Inc., attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of February, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. None. KEITH BL L, SHERRY FREISINGER, City Clerk1 V (SEAL) Feb. 14, 2023 Item #3 Page 6 of 15 ~ DocuSign Envelope ID: 2B39D5C2-DE9C-4F76-B37D-0A0209FF6381 Attachment A PSA 19-502TRAN AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CARLSBAD PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS GRIFFIN STRUCTURES, INC. This Amendm nt No. 3 is entered into and effective as of the I {B ..yt,-v day of ___ -1..:.:::.L.U~~+----' 2023, extending and amending the agreement dated August 30, 2018 (the "Agree ent") by and between the City of Carlsbad, California, a municipal corporation, ("City"), nd Griffin Structures, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for the Carlsbad Public Safety and Service Center Improvements. RECITALS A. On February 10, 2020, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On January 27, 2021 , the Parties executed Amendment No. 2 to the Agreement to extend the Agreement for a period of two (2) years and to alter the Agreement's scope of work to include construction management and inspection work for the expanded scope of work for the Safety Center administration building and the Emergency Operations Center/Conference Room wing of the Safety Center; and C. The Parties desire to alter the Agreement's scope of work to further extend the continuation of construction management services; and D. The Parties desire to extend the Agreement for a period of fifteen (15) months; and E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one million two hundred ninety-four thousand five hundred dollars ($1 ,294,500). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed five hundred forty-one thousand dollars ($541 ,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by May 9, 2024. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 12/28/2022 Feb. 14,2023 Item #3 Page 7 of 15 OocuSign Envelope ID: 2839O5C2-DE9C-4F76-837D-0A0209FF6381 PSA 19-502TRAN 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Feb. 14,2023 2 City Attorney Approved Version 12/28/2022 Item #3 Page 8 of 15 DocuSign Envelope ID: 2839O5C2-DE9C-4F76-B37D-0A0209FF6381 PSA 19-502TRAN 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR GRIFFIN STRUCTURES, INC., a California corporation By: By: (sign here) Mark Hoglund, CFO (print name/title) (sign here) Jon Hughes, Vice-President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ~ for Sherry Freisinger, City Clerk 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: CINDIE K. McMAHON ,City Attorney BY: ---'-~-~_f'_rb~st __ _ Assistant City Attorney City Attorney Approved Version 12/28/2022 Feb. 14,2023 3 Item #3 Page 9 of 15 DocuSign Envelope ID: 2839D5C2-DE9C-4F76-B37D-0A0209FF6381 PSA 19-502TRAN EXHIBIT "A" SCOPE OF SERVICES AND FEE Continuation of current construction management services to include: 1. Coordination for and leadership of construction progress meetings, review of shop drawings and submittals, field inspections for quality assurance, coordination with city staff throughout sequence of work, review and approval of monthly payment applications and proposed change orders, review and critique of construction progress schedules, review of plans and specifications, site walks to verify site conditions, construction staffing, work progress and site safety precautions, photo documentation and coordination with city during project close out. $525,375 2. Schedule review services $10,000 3. Reimbursable expense allowance on not to exceed basis $5,625 NOT TO EXCEED TOTAL FEE FOR SERVICES $541,000 City Attorney Approved Version 12/28/2022 Feb. 14,2023 4 Item #3 Page 10 of 15 DocuSign Envelope ID: 2839D5C2-DE9C-4F76-837D-0A0209FF6381 11 ASR02 GRIFFIN STRUCTURES FEE PROPOSAL CARLSBAD PUBLIC SAFETY & SERVICE CENTER PROJECT CITY OF CARLSBAD 12/01/2022 PSA 19-502TRAN -Amendment No. 3 Exhibit "A" Grifiin SLruclurcs' Fee Proposal is based 011 all reasonable costs necessary Lo perform Additional Services for the City of Carlsbad's Public Safety & Service Center Project. For these requisite services, Griffin Structures proposes the following ol to Exceed Fee: Construction Management: $ 525,37.5 Scheduling Services: $ 10,000 Reimbursable Expenses $ .5,62.5 Total $ 541,000 All proposed hourly rates arc fully burdened am! include overhead, profit, laxes, and benefits. The hours identified for each individual employee and Lask arc estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time-pe1iod. We reserve the right to reallocate hours between staff members and tasks to accomplish the overall objectives and requirements of the project_ Services are based on the attached Contract Analysis which provides compa.iison of Base Conlracl resource allocation schedule a.11d the Actual resource allocation schedule as it is cuITenlly forecaslcd. Any extension of L11e schedule or services may result in additional fee, in good faill1 negotiation wil11 Ll1e City. ADDITIONAL SCOPE T his ASR represents additional Construction Management costs related to U1e following: Amendment 02 anticipated construction to be completed by December of 2022. As of !ale, substantial completion of construction is now anticipated Lo be March 3 1, 2024. This re presents 15 additional months of construction ma.i1agcmenl. This ASR captures those additional months of construction and also includes 2 months of closeout services, resulting in a final completion date of May 30, 2024. QUALIFICATIONS AND EXCLUSIONS I . Hourly rates have been updated lo rcllect escalation from 2020 lo Ll1e present, and will remain fi xed Ll1rough December 3 1, 2024. Any rates associated will1 extensions of schedule beyond 2024 will escalate by CPI a.imually L11creafler. 2 Technology Dr., Suite 150 ■ Feb. 14,2023 Irvine, CA 92618 ■ 949.497.9000 ■ www.griffinstructures.com Item #3 Page 11 of 15 DocuSign Envelope ID: 283905C2-DE9C-4F76-B37D-OA0209FF6381 PSA 19-502TRAN -Amendment No. 3 Exhibit "A" 2. Insurance costs arc i11cluded as a reimbursable expense and will be billed monthly al the rale of$ IO per $1,000. 3. On-site trailer rental, fomiture, utilities, and sanitary facilities for our field staJT (Project Management Learn) a.re excluded. W e assume that olliccs will be provided as part of the construction siLe trailer(s) being pro,~ded by tJ1e City's contractor. 4. Costs for all permits required for the pr~ject are excluded. It is assumed tJ1al tJ1e City will pay for all permitting fees, assessments, casements, school fees, ,md other agency or governmenlal fees or costs Lo support tJ1e design and construction of the project. We have not included any permit related fees witJ1in our kc proposal. Permits will be pulled by others. 5. AL no cost to tJ1e Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate ,my applicable Lax deductions Lo construction manager (G1i1Ti11 Structures) as may be rclewu1L to 'public c11tity' project.~. 6. Costs for surveying, constrnction slaking, environmental ,md hazardous matc1ials sun1cys, ,md all environme11Lal ,md hazardous materials transporlatio11 ,md remediation costs are excluded 7. Software licenses or user fees and all software training costs for specific project management software being required by either the City or tJ1eir conlractor(s) ,u-e excluded. 8. T he cosl of bulk blueprinting for phms ,md specifications for use by tJ1e conlraclors ,md subconl.raclors is excluded. Funds included in reimbursable expenses ;u·e for Grillin printing costs alone. 9. Wage Compli;u1ce ProgTtUTI including Certified Payroll auditing, field interviews, or reporting is excluded. Based on Stale Law SB 854, iL is assumed tJ1at the Dept. of Industrial Relations (DIR) will manage tJ1is effort at the State level. Griffin will enforce the Contractor registration requirements stipulated by the DIR. 10. Independent or third-party testing comp.mies such as Roofing, Peer Reviews, LEED, or other specialized third-p;uty oversight sen~ces other than those listed herein ,u-c excluded. 11. Commissioning requirements required by Cal Green (Title 24) ;u·e excluded. G1i ffin will m,magc tJ1c commissioning process, but we have not included a commissioning agent. nor development of commissioning specifications. 12. No FF&E or OS&£ is included in this proposal 13. Secu1iLy ;u1d 24~hour surveillmce is excluded. M. Constrnction Manager will review all RFI's, SubmitLals, and Substitutions only for compleLeness, approvals to be executed by tJ1e designer of record. 15. For document Lracking control, Griffin has included tJ1c use of "Submiual E,xch;u1ge" !'or m;u1agi11g construction documentation, and based the hours allocated in this proposal accordingly. T he cost of "Submitlal Exch.u1ge" is included here as a rein1bursable expense. 16. This proposal docs not include a fonnal independent Inspector of Record (IOR). All City Building Dept. Permil Inspections arc assumed to be performed by tl1e City Building Dept. 17. Co11structio11 Cost Estimates, when proviclccl, ;u·e based on sland;u·d i11duslry practice, professional experience ;u1d knowledge of m;u·ket conditions. Griffin has no control over material ;u1d labor costs, contractor's methods of establishiug p1ices or the market ;uKI bidding conditions at the time of bid. 2 Technology Dr., Suite 150 Feb. 14,2023 I Irvine, CA 92618 I 949.497.9000 I www.griffinstructures.com Item #3 Page 12 of 15 DocuSign Envelope ID: 2839D5C2-DE9C-4F76-B37D-0A0209FF6381 PSA 19-502TRAN -Amendment No. 3 Exhibit "A" Therefore, G1iffin does not guarantee that bids received will not vary from tJ1e cost estimate provided ;md Griffin is not liable for any costs, liabilities, or damages incurred by Client aiising from GriHin's opinion of cost, tJ1e actual project cost lo Client, delays caused by events outside tJ1e control of G1iflin, or any labor or material cost increases. 18. Grillin is uol responsible for, ai1d Client will hold G1iffin harmless from , any schedule delays ai1<l/or any losses, damages, or liabilities resulting tJ1crcfrom tJ·1al arc caused by ( l) events or conditions tJ1al are outside or Grilliu's control or (2) tJ1e acts or omissions or parties for whom Griffin is not legally liable (collectively, "N ou-Consullaill Delays"). The schedule for completion will be extended for ai1y Nou-Consultai1l Delays. If Griffin incurs additional costs or expenses due Lo Non-Consultai1L Delays, tJ1en Griffin's fee compensation will be equitably adjusted to cover such additional costs or expenses. 2 Technology Dr., Suite 150 Feb. 14,2023 • Irvine, CA 92618 • 949.497.9000 ■ www.griffinstructures.com Item #3 Page 13 of 15 Ii, !I' i I I I I I : . . . . . ' . . . . . . . . I !:!. I ! !I, '! !I I! !I I ! :! . I!:!. I I 'I ' ---1 !I I !I u !I! 1: JI 1111 ill ----,r,o .. , ;ft ··s :!i ··~ ~ ··;: iii .. , iii -., 71!' -., "ofi· ··:: ;!i· --, fit· ""!~ --~ fit --,, iii -----··ti~ --~j rn -~ --,, •11 ""Ei~ ·-,j r.tr ··Ejey --,jr,tti ... · ijf ·-•~ ••iW --,~ .. , ~ --------:u• m -m 'I' ffi o• '!f ,~ i~- .:.:.;. ll ;T :.:.::.. ~ .• p.:... r=-_____ 1_b.:.:.. 'V 11 lil1!11i1I I I I! I ill Id Ill 1111 I lll!lh!l1ll1I 1111 1111 Feb.14,2023 I 1' ' ' . . ' II ' ' ' . . I i i I 'I I I ~ hfHl,llll11! a,u \~~ !',.. 'SI tt "!f II '!f •1• !JI •ta If! '! l! ., 'l ., 'I ' !f' , 11 ' !! • !l . ~r -·-" ... " !I !! Ii I! 1'!!11 l!ll I .. , ., • 1. ., • 1. •s:• T- ______ _. •; I I . ·~ I I . •s • ··1 . ., , . I . 1; I '·1 Item #3 Page 14 of 15 Exhibit 2 LOCATION MAP WHIPTAIL NOT TO SCALE PROJECT NAME POLICE AND FIRE HEADQUARTERS IMPROVEMENTS PROJECT, CIP Project No. 4715 EXHIBIT 2 PLOTTED BY: :5/29/18 PA111:D:\aTY FAaLJ11ES\AUTOCAD IJAPS\LOCAT/00 AIAPS\SAFITY CENTER LOCA