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HomeMy WebLinkAbout2016-06-14; City Council; Resolution 2016-1071 RESOLUTION NO. 2016-107 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA,APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, 4 INC.,FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE MAINTENANCE AND OPERATIONS CENTER 5 CONSTRUCTION PROJECT AND THE SAFETY CENTER RENOVATION PROJECT,PROJECT NOS. 3572 AND 4715. 6 7 WHEREAS,the City Council of the City of Carlsbad, California has determined that it is 8 necessary,desirable,and in the city's best interest to provide construction management and 9 10 inspection services for the Maintenance and Operations Center construction project and the 11 Safety Center renovation project; and 12 WHEREAS,the Department of Public Works solicited proposals from consulting firms 13 and received a total of 9 proposals for construction management and inspection services for 14 the new Maintenance and Operations Center construction project, located at 2600 Orion Way, 15 and the Safety Center renovation project located at 2560 Orion Way; and 16 17 WHEREAS,subsequent to review of the proposals and interviews of the four highest 18 ranked firms, staff recommends Griffin Structures, Inc.,as the most qualified consultant for the 19 project; and 20 WHEREAS,Staff recommends approval of the Griffin Structures,Inc.,proposal to 21 provide construction management and inspection services for the Maintenance and Operations 22 Center construction project and the Safety Center renovation project for an amount not to 23 24 exceed $1,062,000; and 25 WHEREAS,funding for said project has previously been appropriated from the 26 Community Facilities District Fund (#1),the Sewer Replacement Fund and the Water-Capital 27 28 1 Replacement Fund in the total amount of $29,791,264 for Project No.3572 and from the 2 General Capital Construction Fund and the Infrastructure Replacement Fund in the total 3 amount of $3,413,500 for Project No. 4715; and 4 WHEREAS,the City Council of the City of Carlsbad,California,has determined it 5 6 necessary and in the public interest to enter into an agreement with Griffin Structures,Inc. 7 NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California 8 as follows: 9 1.That the above recitations are true and correct. 10 2.That the proposal submitted by Griffin Structures,Inc.,for construction 11 management and inspection services for the Maintenance and Operations Center 12 13 construction project and the Safety Center renovation project,Project Nos.3572 14 and 4715,is acceptable and the Mayor is hereby authorized to execute a 15 professional services agreement,attached hereto as Attachment A,with Griffin 16 Structures, Inc., for said services. 17 /// 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 /// 27 28 1 PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 14th day of June, 2016, by the following vote to wit: 3 4 AYES:Hall,Wood,Schumacher,Blackburn,Packard. 5 6 NOES:None. 7 ABSENT:None. 8 9 fali;V;1 10 MA HALL,Mayor 11 _AA t 12 BAR:RA ENGLESON, City C.14rk 13 (SEAL)S BA 14 D ‘z.7.•........0 ::0 •= 15 16 *\\\ 17 18 19 20 21 22 23 24 25 26 27 28 TRAN1430 AGREEMENT FOR CONSTRUCTION MANAGEMENT, TESTING AND INSPECTION SERVICES GRIFFIN STRUCTURES, INC. THIS AGREEMENT is made and entered into as of the J (-31V day of ,2016,by and between the CITY OF CARLSBAD,a municipal corporation,"City''), and GRIFFIN STRUCTURES, INC.a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a consulting firm 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 one (1) additional one (1)year 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 five hundred twenty-two thousand five hundred dollars ($522,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000)per Agreement year.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". City Attorney Approved Version 2/29/16 1 TRAN1430 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, City Attorney Approved Version 2/29/16 2 TRAN1430 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 Insurance.$2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per 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. 10.1.3 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. City Attorney Approved Version 2/29/16 3 TRAN1430 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. 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. City Attorney Approved Version 2/29/16 4 TRAN1430 For City For Contractor Name Steve Didier Name Jon Hughes Title Municipal Projects Manager Title Project Engineer Department Public Works —CM&I Address 2 Technology Drive, Suite 150 City of Carlsbad Irvine, CA 92618 Address 1635 Faraday Avenue Phone No.949-497-9000 Carlsbad, CA 92008 Email jhughes@griffinholdings.net Phone No.760-602-7539 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 four categories. 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 Contractor. 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 unsatisfactory 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. City Attorney Approved Version 2/29/16 5 TRAN1430 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 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. City Attorney Approved Version 2/29/16 6 TRAN1430 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. /// /// /// /II /11 111 111 ill Iil /I/ /II City Attorney Approved Version 2/29/16 7 TRAN1430 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 CITY OF CARLSBAD,a municipal GRIFFIN STRUCTURES, INC.,a corporation of the State of California California corporation By:By: '7AA A cy(sign here (ATT HALL Mayor 44412 k /4-o 6 vAib,CF0 (print name/title) ATTEST: By: 4 ---.•_ (sig ere)BARBARA ENGLESON JON.1-Ivp ket-S Vrce. Fcca/447City Clerk (rint name/title) 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 Group B Chairman,Secretary, President, or Assistant Secretary, Vice-President 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:{.%f Deputy City Attorney City Attorney Approved Version 2/29/16 8 c ,Nc.:11.1....1...r sc ISN0riv1.3.....!/ NI'. .NVULl'ill:MINT ifliN....1.1.1.....T V 3.....l1 .'.l' V 1.....a7.1.”....-1 V 1.4...VI i.i...M)..I V 1..`''‘.. ''......v r...V''''.1.....r.T, California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the i .., document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I :). State of California ..... ,.;s.s..... •.,..County of 0r sa.r)k .._.. .,,. On Vita (-.5 I gnIco before me.,7 Nar .t. of .Jotary PEiblic :• 5 personally appeared Mar K \--\-00VrI.C.. ••••-);,..,.:Svier f I .1z T. -who proved to me on the basis of satisfactory evidence to be the person(.whose namecsi--- .. is/ape subscribed to the within instrument and acknowledged to me that he/shal-thay executed the same in his/hapitl=feir authorized capacity(ieEr), and that by his/heal/31.1r signaturecej on the instrument the person(s); or the entity upon behalf of which the persor4s+ acted, executed the .,. instrument. '..I certify under PENALTY OF PERJURY under the laws ..; 0-.N,JENNIFER J.DEWITTof the State of California that the foregoing paragraph is ,-.41,1111.comm. #2120561 Etrue and correct.""'t#:,-.!. NorAoRRYAPZLEICci:::TIFyORNIA 620 '';.._2 14 IIWITNESS my hand and official seal.--.;14'..•0 Comm. Exp. AUG. 20, 2019 ) )0e Lv'vi+Seai 7• .7; .OPTIONAL INFORMATION . Although the information in this section is not required by aw it could prc.:‘nt.fraidulent r'eiovi..:1 reattachment of :this acknowledgment to an unauthorized document nod may prove usef.•:...persons relying On ..t161‹,Tieci docuinept li," - 1,Description of Attached Document P, ..The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification ) H 'f.document titled/for the purpose of Proved to me on the basis of satisfactory evidence: -..• 7 uform(s)of identification 0 credible witness(es)•;.• containing pages, and dated •Notarial event is detailed in notary journal on:] tt The signer(s) capacity or authority is/are as:Page #Entry # ., 13 Individual(s)Notary contact: 0 Attorney-in-fact 'e:0 Corporate Officer(s)Other 7) 0 Additional Signer 0 Signer(s) Thumbpnnts(s) :',0 .i. 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MO.:NIT:VT...4.1.N4 A+ I Ellt..(T.NT' '•2015 Notai y !..earring :enter -All Rights Reserved Ye .can purchase copies Of this forrn ?rom our web '-!te al ww ia N Di;y' California All -Purpose Certificate of Acknowledgment ,i..r"1 i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the :.; I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. --L :i s., State of California .1.S.S.County of to r n t)1.e On M-Ct y 2 S 20/10 before me.I ;personally appeared c0 ("N t4 U\'‘-e S ..';. -.. ?;. •who proved to me on the basis of satisfactory evidence to be the person(whose namely)..• is/at=e subscribed to the within instrument and acknowledged to me that he/s14eithey executed the same in his/h4a4their authorized capacity(ipe), and that by his/hefitfreir signature on the ' instrument the personK. or the entity upon behalf of which the person) acted, executed the .,,instrument. I certify under PENALTY OF PERJURY under the laws .._,....,„,„... of the State of California that the foregoing paragraph is true and correct.-.4 /:.'s comm. #2120561 .C. (-''.'''' :"1 NOTARY PUBLIC •CALIFORNIA C,,,I, l'-'-d. -'%-- o''''...JENNIFEFJ.bE\AII-11 ',— Aolk•ORANGE COUNTY•WITNESS my hand and official seal.''"CorAnlese.y..(p.AUG. 20, 2012 :-. / .----). •OPTIONAL INFORMATION ..,."... . i. Description of Attached Document —.—-. 5 •The preceding Certificate of Acknowledgment is attached to a ivi.ti ..i•::2 ..)igiier Identification -..' document titled/for the purpose of Proved to me on the basis of satisfactory evidence:-. form(s) of identification iill credible witness(es)I' containing pages, and dated •Notarial event is detailed in notary journal on:.5 4. r Page #Entry #c ,,,..The signer(s) capacity or authority is/are as: ?,..' L...;Individual(s)!Notary contact: •1 i Attorney-in-fact Corporate Officer(s) ' Other Fie CTI Additional Signer I,....Signer(s) Thumbprints(s) r..I e.. .i....Guardian/Conservator •,, (:::Partner -Limited/General 'i. ,f. E Trustee(s) C - 1 Other:— , •representing:f I!.. ••• ••• :,:.,.,•-.•............•.••••••••..•.. TRAN1430 EXHIBIT "A" SCOPE OF SERVICES CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PINE AVENUE COMMUNITY PARK COMMUNITY CENTER & GARDENS PROJECT -CIP NO. 4603 1.PRE-CONSTRUCTION SUPPORT SERVICES Task 1.1 Constructability Review of Construction Documents Review the project construction documents (CDs)and provide comments and corrections for the 80% plans and specifications which include,but are not limited to Demolition Plans;Grading and Drainage Plans; Earthwork Calculations; Storm Drain Plans; Wet Utility Plans; Horizontal Control Plans; Architectural Plans and Details;Landscape Hardscape Plans;Construction Details;Lighting and Electrical Plans and Details; Landscape Planting Plans and Details; and Irrigation Plans and Details. Services shall also include review of the completed REVIT model, prepared by the design team's architect, for the Pine Avenue Park Community Center.The BIM model LOD will be provided illustrating the various building systems, placements, sizing, etc. Task 1.2 Project Bid Documents Review and provide comments and corrections for the project bid documents which consist of the City's Standard Public Works Contract Documents,General Provisions,Supplemental Provisions,Technical Specifications and Appendices, and the project construction plans.Document review shall occur at the 100% complete plan review. 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.(Note: Appendices will include Soils Report, SWQMP and SWPPP) Task 1.3 Opinion of Probable Cost Review the estimate of probable construction costs (prepared by SDG)based on the 80% complete plans in order to identify any recommended refinements or modifications that can be incorporated into the final construction 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 which will be prepared at the 100% complete stage to reflect any changes in cost resulting from design, materials, or quantity changes. Task 1.4 Bidding Phase Provide pre-construction management and administration support services during the project bidding phase which includes, but is not limited to Coordination of Pre-Bid Site Visits; Pre-Bid Meeting with City's Municipal Project Manager and other appropriate parties; and Evaluation of Contractor Bids. 2.PRECONSTRUCTION SERVICES Task 2.1 Project Management Coordinate and meet with the City's Municipal Projects Manager prior to bidding of the project.Initiate project activities and provide general project oversight. City Attorney Approved Version 2/29/16 9 TRAN1430 Based upon the City approved Document Management System, incorporate the Document Management Systems and procedures for documenting communications and correspondence.Provide examples of all City provided forms that the CM and Contractor will be required to use to transmit and formalize all Requests for Information (RFI),clarifications,submittals,substitution requests,concrete pour notifications, and other official project documents.Develop points of contact with all team members (project directory). Prepare a list of all standard forms, documents and reports and develop distribution lists and logs for each of the listed document types. All project documents are to be retained by the selected CM firm for a period of three years after conclusion of the project. Task 2.2 Preconstruction Conference Notify appropriate parties schedule and conduct the Preconstruction Conference with City Staff, Architect and the Contractor.The meetings shall cover the overall project objectives,responsibilities of key personnel and agencies,schedules,schedule of values (bid breakdown),procedures for handling submittals,correspondence,utility relocations,local agency permit requirements,requests for clarification, progress payments, change orders, and other pertinent topics. Provide opportunities to have the Contractor's questions answered. 3.CONSTRUCTION SERVICES Task 3.1 Contract Administration/Management The CM shall be responsible for assisting the City's Municipal Projects Manager with all aspects of contract compliance,change/claims processing,negotiations and contract interpretation and enforcement. The CM shall utilize the field offices provided by the Contractor. Furniture and basic office equipment shall be provided by the Contractor in accordance with the specifications. The CM shall oversee, perform, and coordinate work included within this scope of services,as directed by the City.The CM shall:prepare reports,letters, and memoranda; attend meetings;prepare meeting agendas and minutes, monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate testing and specialty services; review daily testing/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 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 3.2 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 filing of the Notice of 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, testing/inspection reports, dates of utility service interruptions, and all other project correspondence. City Attorney Approved Version 2/29/16 10 TRAN1430 Weekly progress reports shall be prepared and submitted (electronically) to the City's Municipal Projects Manager and shall include the following elements: a)Summary of the prior week's main accomplishments and current construction activities. Include an evaluation of last week's report of expected task completion to actual. b)Overall Contractor's conformance to contract schedule and quality requirements. This will include a baseline schedule comparison showing all new tasks,deleted tasks, changed tasks and duration changes.Working with the contractor,prepare weekly Planned Percent Complete (PPC)calculations of all planned activities. c)Identification of key problems, action items, and issues,including recommendations for solutions. d)Summary of progress payments, change orders, disputes, submittals,RFI's,and Notices of Noncompliance. e)Photographs of representative project activities printed and electronically stored. f)Provide list of Deviation Activities and any corrections taken/planned. Task 3.3 Photo Documentation Provide a 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. Take and share construction documentation photographs on a regular basis.Maintain a digital photographic library of all significant construction activities. 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 3.4 Construction Progress Meetings Schedule and attend weekly construction progress meetings with the Architect, contractor and the City. Provide meeting agendas and discuss the schedule, near-term activities, clarifications and 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 3.5 Shop Drawings and Submittal Reviews Submittal review and approval are the responsibility of the design engineer and the City's design project manager.The CM shall be responsible for processing and monitoring the status of all submittals.The CM City Attorney Approved Version 2/29/16 11 TRAN1430 shall provide a detailed review of the Contractor's submittals for coordination after receipt from the Architect.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 Architect's role regarding the review of shop drawings, calculations, data samples, submittals, warranties and manuals from the Contractor.Shop drawings and submittals that significantly do not meet the specified requirements or design intent shall be returned to the Contractor with comments for corrections and resubmittal.Exception reports, that identify outstanding submittals or reviews needed, shall be prepared monthly by the CM.Preliminary lists of initial submittal requirements shall be prepared by the CM and issued at the Preconstruction Conference. Task 3.6 Plans and Specifications Interpretation The CM shall review and respond to Contractor RFIs (requests for information) if of a general nature. Technical RFIs shall be submitted to the project architect for response. The CM shall maintain a log of RFIs and provide written clarification to the Contractor in a timely manner. Responses to requests for changes to the design require prior approval from the City's design project manager and the architect. 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 3.7 Construction Inspection Services Consultant will be responsible for the overall quality assurance of the project and work with City staff responsible for code compliance.Consultant will provide full time inspection to ensure that the Contractor's work is in compliance with the contract documents. Prepare daily reports of the construction activities including weather conditions,Contractor's equipment and manpower,work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response.Perform technical inspection 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 inspectors may not authorize extra work or approve of work that deviates from the contract documents. Consultant will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment meet contract requirements and are properly stored.The on -site inspector will inspect the site daily,including any site SWPPP,manage special inspectors,and coordinate with any geotechnical and material testing consultants, and will be responsible for the overall quality assurance of the project.Consultant will provide special inspection and testing services as needed for the project. Task 3.8 Progress Payments Prepare 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. City Attorney Approved Version 2/29/16 12 TRAN1430 Task 3.9 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 with negotiating all claims to an agreed upon Contractor/Consultant/City conclusion. Submit 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 and negotiate costs with the Contractor. Prepare claims, extra work, and change orders that require design modifications or clarifications,including revisions to the drawings, details, and specifications.Assist the City's Municipal Projects Manager with resolving claims, extra work, and change orders for changes to the work and obtain City approval. 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. 4.PROJECT CLOSEOUT Prepare a Project Close-out Matrix of all tasks required by the Specifications and Contract Documents prior to close-out. Track the completion of these tasks. Assist the City by preparing detailed project punch lists at closeout of the project, coordinating the various City Departments' and Architects' concerns and corrections. Attend punch list walk through with each City Department that requests to provide a punch list of corrective actions.Upon correction of deficiencies, the CM shall schedule, coordinate, and conduct a final walk-through prior to the acceptance of work with the City's Municipal Projects Manager, Public Works Department,Parks & Recreation Department, Administrative Services Department, and Architect. Verify work, testing, cleanup and demobilization is complete.Check and submit final payment requests, five working days after final walk-through.Review and certify that the Contractor's project record drawings are complete and accurate and validate the As-built documents are true and accurate. City Attorney Approved Version 2/29/16 13 GRIFFIN STRUCTURES FEE PROPOSAL Exhibit "B" PINES AVE. COMMUNITY CENTER AND GARDENS CT(OF CARLSBAD 04/20/16 Griffin Structures'Fee Proposal is based on all reasonable costs necessary to perform Construction Management services for the City of Carlsbad's new Pines Ave Community Center and Gardens Project. For these requisite services, Griffin Structures proposes the following Not to Exceed Lump Sum Fee: Construction Management & Inspection Services:$419,000 Special Inspections and Testing: ALLOWANCE 90,500 Reimbursable Costs:13,000 Total $522,500 All proposed hourly rates are fully burdened and include overhead,profit,taxes,and benefits.Inspection hours are priced as prevailing wage.The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task,phase,or time period.We reserve the right to reallocate hours between staff members and tasks in order to accomplish the overall objectives and requirements for the project. Services are based on the attached Fee Schedule and Resource Allocation Project Schedule,which provides detail on the allocation of hours.Any extension of the schedule may result in additional fee,in negotiation with the City. SCHEDULE AND APPROACH TO FEE CALCULATION This proposal is based on the attached Resource Allocation Schedule prepared by Griffin Structures,and included as a part of this RFP response. That schedule assumes a start of construction date of January 1, 2017,with a project completion date of December 31,2017.Accordingly,in an attempt to bring cost efficiencies to this project and thus provide the City with a competitive Fee Structure, we have based our proposal on the following approach: 1.Jon Hughes will serve as the Project Executive for the duration of the project and will provide leadership to the construction management project team to deliver a successful project to the client. Currently we estimate applying 10 -20 hours per month during Pre-Construction and 25 hours per month during Construction and closeout.Jon will serve as daily point of contact during the pre- construction phase of the project,and will provide regular as needed services to the City and the project team during construction.This fee structure anticipates Jon attending all (or nearly all) weekly OAC project meetings. 2.Lance Soloman will serve as Construction Manager/Inspector and daily point of contact for the construction portion of the project. Lance's hours are allocated in the following manner: a.Pre-Construction: Lance will provide constructability reviews during the design phase of the project,and ramp up involvement during the bid phase for an estimated 84 hours leading up to the start of construction. b.Construction:During construction Lance will be dedicated exclusively to this project and will therefore be onsite full time,5 days a week for a total of 12 months of construction. c.Post-Construction: This proposal anticipates 1 month of project closeout for which we have allocated 160 hours of Lance's time. 3.Leighton & Associates will provide Special Inspection and Testing services. This proposal includes an ALLOWANCE of $90,500. This calculates to just under 1% of the published construction budget ($9,159,490). This cost is highly dependent on Contractor scheduling, and therefore is provided as an allowance until a reliable contractor schedule can be established.Nonetheless, for a project of this size,scope and character,we believe this to be a responsible allowance for which these services can be provided. QUALIFICATIONS AND EXCLUSIONS 1.On-site trailer rental,furniture,utilities,and sanitary facilities for our field staff (Construction Management team)are excluded.We assume that offices will be provided as part of the construction site trailer(s) being provided by the City's contractor. 2.Costs for all permits required for the project are excluded.It is assumed that the City will pay for all permitting fees,assessments,easements,school fees,and other agency or governmental fees or costs to support the design and construction the project.We have not included any permit related fees within our fee proposal. 3.Costs for surveying,construction staking, environmental and hazardous materials surveys, and all remediation costs are excluded 4.Software licenses or user fees for specific project management software being required by either the Client or their contractor(s). 5.Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors. Funds included in reimbursable expenses are for Griffin printing costs alone. 6.Wage 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 Industrial Relations (DIR) will manage this effort at the State level should it be required on this project.Griffin will enforce the Contractor registration requirements stipulated by the DIR. 7.Independent or third party testing companies such as Roofing,Peer Reviews,LEED,or other specialized third party oversight services 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.This proposal assumes a contract start date of June 2016 and running through January of 2018, for a total of 20 months.Any extensions of the schedule may result in additional services,to be negotiated in good faith with the City. 10.The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task or phase.We reserve the right to reallocate hours between staff members and tasks in order to accomplish the overall objectives and requirements for the project within the overall Fee. 11.Hourly rates are valid through January of 2018 and will escalate by CPI annually thereafter. 12.No FF&E or OS&E is included in this proposal 13.24-hour surveillance or time lapse photo documentation is excluded.Progress photos during construction to be taken intermittently concurrent with CM presence on the respective site. 14.Construction Manager will review all RFI's,Submittals,and Substitutions for completeness, approvals to be executed by the designer of record. 15.For document tracking control,Griffin has included the use of "Submittal Exchange" for managing construction documentation, and based the hours allocated in this proposal accordingly. The cost of "Submittal Exchange"is listed as a reimbursable expense. 16.This proposal does not include a formal independent Inspector of Record (10R).Rather,based on our understanding of the scope requirements of the RFP,it is our assumption that the Construction Manager will also perform Quality Control Inspections concurrent with construction management duties. All City Building Dept. Permit Inspections are assumed to be performed by the City Building Dept. 17.Insurance costs are included as a reimbursable expense, and will be billed monthly at the rate of $8 per $1,000. 18.At no cost to the Owner,and subject 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 'public entity' projects. 19.For purposes of this proposal the term "Allowance"means additional resources included in Construction Manager's estimate to cover the cost of known but undefined requirements for an individual activity, work item,account or sub-account expressly identified as such in the summary breakdown of the proposal. 04/20/16 Pines Ave Community Center and Gardens GRIFFIN STRUCTURES Fee Proposal Item CONSTRUCTION SPECIALTASK DESCRIPTIONNo.PROJECT EXECUTIVE MANAGER /INSPECTIONS & INSPECTOR TESTING Jon Hughes Lance Soloman Leighton Assoc. 185/hr.150/hr.142/hr.* 1 PRE-CONSTRUCTION SUPPORT SERVICES 80 0 0 1.1 Constructability Review & Estimates 32 Inc!N/A 1.2 Project Bid Documents 24 Ind N/A 1.3 Opinion of Probable Cost 8 Inc'N/A 1.4 Bidding Phase 16 Inc'N/A 2 PRE-CONSTRUCTION SERVICES 25 84 0 2.1 Project Management 15 60 N/A 2.2 Preconstruction Conference 10 24 N/A 3 CONSTRUCTION SERVICES 275 2056 636 3.1 Contract Administration 25 300 N/A 3.2 Reports and Communication 25 300 N/A 3.3 Photo Documentation 0 208 N/A 3.4 Construction Progress Meetings 50 208 N/A 3.5 Shop Drawings and Submittal Reviews 50 105 N/A 3.6 Plans and Specification Interpretation 50 208 N/A 3.7 Construction Inspection Services 25 415 636 3.8 Progress Payments 10 104 N/A 3.9 Contractor's Claims and Change Orders 40 208 N/A 4 PROJECT CLOSEOUT 20 160 0 4.1 Punch Walk 10 100 N/A 4.2 Commissioning 0 40 N/A 4.3 Warranty 10 20 N/A Total Hours 400 2,300 636 Subtotals $74,000 $345,000 $90,500 PROJECT /CONSTRUCTION MANAGEMENT TOTAL $509,500 5 Reimbursable Costs Total $13,000 5.1 Submittal Exchange $7,000 5.2 Printing Costs $1,000 5.3 Insurance $4,000 5.4 Misc. Office Supplies $1,000 GRAND TOTAL $522,500 *Rates vary, see detailed proposal for specifc rates and hours 04/20/16 Pines Ave Community Center and Gardens GRIFFIN STRUCTURES Resource Allocation Schedule PROJECT PHASE 2016 2017 2018 JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB 1 Preconstruction 2 Bidding and Award 3 Construction 4 Project Closeout I MONTHLY STAFFING HOURS TOTALS Project Executive 10 10 10 10 10 20 20 25 25 25 25 25 25 25 25 25 25 25 25 10 400 Construction Manager 84 172 172 172 172 172 172 172 172 172 172 172 164 160 2300 Sods & Materials Insp.10 20 40 160 160 126 40 40 20 20 636 S 1,850 I 5 1.850 5 1.850 S 1,850 S 1.850 S 3.7001 $3.700 S 4,625 5 4,625 5 4.625 5 4,625 $4.625 5 4,625 $4,625 5 4,625 $4,625 S 4.625 $4,625 5 4.625 5 1.850 $•$74,000 S • I $•5 -5 -S -$-$12.600 5 25.800 $25.800 $25.800 $25.800 5 25.800 5 25,800 5 25.800 $25.800 $25.800 $25.800 $25.800 5 24.600 $24.000 5 •$345,000 S -5 5 $$•5 $1.423 5 2.846 5 5.692 $22.767 $22.767 $17.929 $5.692 $5.692 5 2.846 $.$•S •S 2.846 S -$90,300 I$1,850 $1,830 $1,850 $1,850 $1,850 $3,700 $16,300 S 31,848 S 33.271 $36.117 $53,192 $53,192 $48,354 $36,117 $36,117 $33,271 S 30,425 $30.425 5 29,225 $28,696 $•$509,500 Griffin Structures, Inc. TABLE 1.SPECIAL INSPECTION AND MATERIALS TESTING Leighton Consulting, Inc. City of Carlsbad Pine Community Center Proposal # SD16-090 04.44:1;::tri?141fASK DP *PTIONx:;ii;...-y..;-.1:t :V1kii '''':47,.r .4::.'....:- .'.RATE ...Ff:t4f-0 UNITS COST Materials Laboratory Testing Concrete cylinders compression (ASTM C 39) (6"x 12")$25 /each 20 $500 00 Mortar/Non Shrink Grout Cubes (2"x 2")ASTM/C-109/C-1107 $25 /each 12 $300 00 Bolt Tensile Test $50 /each 9 $450.00 Bolt.Nut or Washer Hardness Test $50 /each 27 $1 350 00 Bolt Elastic Proof Load Test $50 /each 9 $450 00 Pick-up & delivery —(weekdays, per trip, <50 mile radius from Leighton office)$85 /each 10 $850.00 SUBTOTAL $3,900.00 Prevailing Wage Special Field Testing Services PW -Soils / Concrete Technican Concrete and Rebar $130 /hour 48 $6,240.00 PW -Soils /Concrete Technican High Strenth Bolts $130 /hour 80 $10,400 00 PW -Soils / Concrete Technican Welding,Field $130 /hour 300 $39,000 00 PW -NDT NDT LV II $140 /hour 60 $8 400 00 Technician II /Special Inspector Welding, Shop $95 /hour 40 $3.800 00 Vehicle Usage -Inspectors $11 /hour 528 $5,808 00 SUBTOTAL $73,648.00 Project Management Operations Manager $165 /hour 24 $3,960.00 Staff Engineer /Geologist /Scientist $135 /hour 24 $3,240.00 Project Closeout $165 /each 12 $1 980 00 Dispatcher $80 /hour 48 $3 840 00 SUBTOTAL $13,020.00 TOTAL ESTIMATED COST:$90,500.00