HomeMy WebLinkAbout2023-02-14; City Council; Resolution 2023-052RESOLUTION 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.
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 Clerk1V (SEAL)
~
DocuSign Envelope ID: 2B39O5C2-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 f.a ¥-v day of
___ __,__._.....L..;;L::.,..;;.+----· 2023, extending and amending the agreement dated August30, 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 Roomwing 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 beenamended from time to time, Contractor will provide those services described in Exhibit "A". Withthis 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 inExhibit "A" on a time and materials basis not-to-exceed five hundred forty-one thousand dollars
($541,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3.Contractor will complete all work described in Exhibit "A" by May 9, 2024.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 12/28/2022
DocuSlgn Envelope ID: 2839D5C2-DE9C-4F76-837D-0A0209FF6381
PSA 19-502TRAN
5.All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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City Attorney Approved Version 12/28/2022
DocuSign Envelope ID: 2B39O5C2-DE9C-4F76-B37O-0A0209FF6381
PSA 19-502TRAN
6.The individuals executing this Amendment and the instruments referenced in it onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
GRIFFIN STRUCTURES, INC., a California corporation
By:
By:
(sign here)
Mark Hoglund, CFO
(print name/title)
(sign here)
Jon Hughes, Vice-President
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By\�
K�Backburn,Mayor
ATTEST:
for Sherry Freisinger, City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A Chairman, President, orVice-President
Group B Secretary, Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON ,City Attorney
BY: ___ a_t4$_�_f_rb�st __ _ Assistant City Attorney
City Attorney Approved Version 12/28/2022 3
DocuSign Envelope ID: 2B39D5C2-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 staffthroughout sequence of work, review and approval of monthly payment applications andproposed 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
4
DocuSign Envelope ID: 2B39D5C2-DE9C-4F76-B37D-0A0209FF6381
ASR.02
GRIFFIN STRUCTURES FEE PROPOSAL
PSA 19-502TRAN -Amendment No. 3
Exhibit "A"
CARLSBAD PUBLIC SAFETY & SERVICE CENTER PROJECT
CITY OF CARLSBAD
12/01/2022
GriIIin S!ruclures' Fee Proposal is based on all reasonable costs necessary Lo perfonn Addiljonal Services for the City of Carlsbad's Public Safety & Service Center Project. For these requisite services, Griflin Slruclurcs proposes the following OL to Exceed Fee:
Construction Management: $ 525,375
Scheduling Services: $ 10,000
Reimbursable Expenses $ 5,625
Total $ 541,000
All proposed hourly rales ,u-c fully bw·dcned ;md include overhead, profit, laxes, and benefits. The hours
identified for each individual employee and task a.re estimates only and a.re not to be construed as not to exceed
hours tor any individual t,,sk, 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 a.re based on the attached Contract Analysis which provides compa.iison of Base Contra.ct. resource
allocation schedule and the Actual resource allocation schedule as it is cuITen!ly forecasled. Any extension of !11e
schedule or services may result in additional fee, in good fai!11 negotiation wi!11 !11e City.
ADDITIONAL SCOPE
This ASR represents additional Construction Management costs related to the following:
Amendment 02 anticipated construction to be completed by December of 2022. As of late, substantial completion of construction is now anticipated to be Mardi 31, 2024. This represents 15 additional months of
construction m,magemenL This ASH captures those additional months of construction and also includes 2
months of closeout se1vices, resulting in a final complelion date of May 30, 2024.
QUALIFICATIONS AND EXCLUSIONS
1.Hourly rale have been updated to reflect escalation from 2020 to U1e present, and will remain fixed
1.hrough December 31, 2024. Any rates associated witJ1 extensions of schedule beyond 2024 will escalate
by CPI ,umually tJ1ereafler.
2 Technology Dr., Suite 150 I Irvine, CA 92618 I 949.497.9000 I www.griffinstructures.com
DocuSign Envelope ID: 283905C2-DE9C-4F76-837D-OA0209FF6381 PSA 19-502TRAN -Amendment No. 3
Exhibit "A"
2.Insurance cos ls <ffe included as a reimbursable expense �mcl will be billed montJ1ly al Lhe rate of$ l O per $1,000.
3.On-site trailer rental, furniture utilities, and sanitary facilities for our field staff (Project Management Learn)are excluded. We assume iliat oilices will be provided as p,ut of Lhe conslruction site lrailer(s) being
provided by Lhe City's conlraclor.
4. Costs for all p rm.its required for ilie project are excluded. It is asstm1ed iliat the City will pay for all
permitting fees, assessments, casements, school fees, ,md olhcr agency or governmenlal fees or co ts lo
support the design and const.rucl.ion of Lhe project. We have not included any permit related fees wi1.hinour fee proposal. Permits will be pulled by otJ1ers.
5.Al no cost to the Owner, and subject lo Internal Revenue Code 179D, (Deduction for Energy Eilicienl
Commercial Buildings) Owner agrees lo allocate any applicable lax deductions to const..ruction manager
(GriJlin Structures) as may be rclcva11l Lo 'public eutity' projects.
6.Costs for sU1veying, construction staking, environmental mid hazardous mate1ials Slllveys, and all
environmcnlal and hazardous materials lransporl.al.ion a11d remedial.ion costs a.re excluded
7.Software licenses or user fees and all software training costs for specific project management software being
required by eiilier tJ1e City or their contractor(s) are excluded.
8.The cost oflrnlk blueprinting for pl.ms and specifications for use by I.he conlraclors and subco11lraclors isexcluded. l◄unds included in reimbursable expenses ,u-e for Griffin printing costs alone.
9.Wage Compliance Program including Certified Payroll auditing, lield interviews, or reporting is excluded.
Based on Stale L,w SB 854, it. is as urned that the Depl. of Industrial Reial.ions (DIR) will manage this
effort al the State level. Griffin will enforce ilie Contractor registration requirements stipulated by the DIR.
10.Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or oilier specialized
lhird-parly oversight services other ilian tJ1ose listed herein are excluded.
11.Commissioning requirements required by Cal Green (Title 24) are excluded. Griffin will manage Lhccommissioning process, but we have not included a commissioning agent, nor development of
commissioning specifications.
12.No FF&E or OS&E is included in Lhis proposal
13.Secmity m1d 24-hour surveillance is excluded.
14. Construction Mm1ager will review all RFI's, Submittals, and Substitutions only for completeness, approvalsto be executed by Lhe designer of record.
15. For document lracking control, Griffin has included the use of "Submittal E.xcha11ge" for m;magi11gconslruclion documenl.ation, and ba. eel tJ1e hours allocat.ed in iliis proposal accordingly. The cost of"Submittal Exchange" is included here as a reimbursable expense.
16. This proposal does not include a formal independent Inspector of Record (IOR.). AJI City Building Dept.
Permit Inspections are assumed to be performed by the City Building Dept.
17.Construct.ion Cost. Eslim,Ltes, when provided, are based on standard industry practice, professionalexperience ;md knowledge of market conditions. G1i1Iin has no control over material and labor costs,contractor's metJ10ds of establishing prices or tJ1e market and bidding condilions al the time of bid.
2 Technology Dr., Suite 150 I Irvine. CA 92618 I 949.497 .9000 I www.griffinstructures.com
DocuSign Envelope ID: 2839D5C2-DE9C-4F76-B37D-0A0209FF6381 PSA 19-502TRAN - Amendment No. 3
Exhibit "A"
Therefore, Griffin does not guarantee that bids received will not vary from tJ1e cost est.imate provided and
Griffin is not liable for any costs, liabilities, or damages incuITed by Client aiising from Gri1lin's opinion
of cost, the actual project cost to Client, delays caused by events outside the control or G1iflin, or ,my labor
or mate1ial cost increases.
18.Griffin is not responsible for, and Client will hold Griffin harmless from, any schedule delays and/or anylosses, damages, or liabilities result.ing therefrom that a.re caused by (1) events or conditions that a.re outside
of Grillin's control or (2) the acLs or ornissions or parties for whom Griffin is not legally liable (collectively,
"Non-Consullanl Delays"). The schedule for completion will be extended for any on-Consultant Delays.
IJ Griffin incurs additional costs or expenses due to Non-Consultant Delays, U1en G1iffi11's rec
compensation will be equitably adjusted to cover such aclcli1jonal costs or expenses.
2 Technology Dr., Suite 150 I Irvine. CA 92618 I 949.497.9000 I www.griffinstructures.com
DocuSign Envelope 10: 283905C2-0E9C--4F76-8370.0A0209FF6381
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