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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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 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 [ �� ��, �.. . �J �=��!!""""!"". __ ...: . ...:� . ...: . ...:--=�I__ -�-�-----1 _ -------- I: =I: -�1: ·-1: "''.I: -.1: ·":I: ·-:J: -1: -1: -1: .. -1: -,1: ..,I: 7j: -�1: ,=1: ·=1: ...,I: -1: -:-I: -�1: •11 ·1: ·1: ·1: ·1: I: •11. ·11. ·1• -1:!; :! -i·I ,·I w·I ,·!+•1++11+! I •!iiw•! ,·!,,·!.:U.:::•!-&·!#Mi'.Zl.:f::lie?I.Z: : : : : : : :. :. :Qs -... .. . .. .. ,. "" ,,, . .. . ........ .. . . u • c ,. -. b ., . . .. . . . . i .--- --- ' ..' ' ...4 0 0 I I & 0 0 UI � 11 � ,., I� Ut Ut ·------------.. _ ·- .. . PSA19-502TRAN -Amendment No. 3 Exhibit "A"- ·-.. · .. ... - - ■ .. ......... "" -----.------- . -.. .. ... *" "" '" ,., ,.. l'I . . -.,., ... .,. ...