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HomeMy WebLinkAbout15 AMENDMENT TO CSA WITH GRIFFIN STRUCTURESg 15 * A enda Item AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: JUNE 21, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, INC. RELATED TO TUSTIN LEGACY FIRE STATION FACILITY SUMMARY Tustin City Council approval is requested for an amendment to a consulting services agreement for construction management services for the Tustin Legacy Fire Station Facility. RECOMMENDATION It is recommended that the City Council approve and authorize the City Manager or Assistant City Manager to execute an amendment to the Consultant Services Agreement with Griffin Structures, Inc. (the "Consultant") for construction management services for Phase V of the Tustin Legacy Fire Station project, subject to any minor corrections as may be required by the City Attorney. FISCAL IMPACT The total not to exceed compensation for proposed amendment to services would be $377,000 (this includes a base fee for all Phase V services including "LEED" inspection and certification and a budget for the Consultant team for reimbursable expenses for Phase V services). Compensation is in line with industry standards. Design funds for the Tustin Legacy Fire Station Facility have been appropriated as part of the Fiscal Year 2010-11 capital improvement budget ("CIP") utilizing the available CFD 06-1 construction funds. Design and construction plans are nearing completion and are being coordinated with the schedule for future construction of Tustin Ranch Road as required under the Fire Station Construction Implementation Agreement with Orange County Fire Authority (OCFA). Approval of plans and specifications for the project will be brought back to the Council for approval, including any authorization necessary to advertise for bids. Agenda Report Tustin Legacy Fire Station Facility June 21, 2011 Page 2 BACKGROUND The City Council authorized consultant services with Griffin Structures, Inc. for program management services including comprehensive design services for preparation of design and construction plans and related services for the Tustin Legacy Fire Station project at its regular meeting on July 7, 2009 (the "Original Agreement"). The Original Agreement provided an approach for design of the Fire Station that included a full range of necessary program management consultant services, including related sub- consultant services for architectural planning and design services, structural engineering, mechanical engineering, electrical and lighting engineering, landscape architecture, civil engineering, preparation of specifications and cost estimating. In the Original Agreement, the City and Consultant assumed the potential for a supplemental scope of services for Phase V construction services. It was anticipated that once Phases I-IV, the initial services for the project, were close to completion, an amendment to the Original Agreement to add Phase V (Construction Administration, and Post Construction and Record Documents) would be brought back to the City Council for approval. Delays by TLCP on the Tustin Ranch Road project pushed back the timeline for the Fire Station project. The Original Agreement with Consultant contained provision for an escalation of costs; however, after negotiation, the Consultant has agreed to amend the Original Agreement maintaining the proposed cost of services for Phase V of the project as quoted in 2009. r Christine Shingleton Assistant City Man er Attachment: Consultant Services Agreement AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT This AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT ("Amendment No. 3") is made and entered into as of , 2011 by and between the CITY OF TUSTIN, a municipal corporation, (herein "City"), and GRIFFIN STRUCTURES, INC. (herein "Consultant"), pursuant to Section 1.5 "Additional Services" and Section 2.3 "Changes", of the Consultant Services Agreement. A. The City and Consultant entered into a Consultant Services Agreement on July 13, 2009 (the "Original Agreement"), as amended by Amendment No. 1 to Consultant Services Agreement on September 8, 2009, and Amendment No. 2 to Consultant Services Agreement on January 6, 2010 (the Original Agreement and all amendments shall be collectively referred to as the "Agreement") to provide consulting services to the City for architectural and engineering services in the production of plans, construction drawings and related documents for the Tustin Legacy Fire Station in the City of Tustin; and B. Exhibits A and C of the Original Agreement contemplated the need for a subsequent Scope of Services (identified as Phase V-Construction Support Services, including construction administration and post construction record documents), subject to the requirement for an amendment to the Original Agreement; and C. City has decided to proceed with the subsequent Scope of Services contemplated in the Original Agreement. THEREFORE, it is agreed that the Original Agreement be amended as follows: 1.0 MODIFICATION OF SERVICES OF CONSULTANT 1.1 Pertaining to Section 1.0: SERVICES OF CONSULTANT 1.1.1 Scope of Services. For services pursuant to Amendment No. 3, the Subsequent Scope of Services shall include additional architectural and engineering services and construction support services as described for Phase V in Exhibit "A" of the Original Agreement (pages 13 through 17), incorporated herein by reference. The Consultant and sub-consultant support for said services (including specific primary staff to be assigned to tasks under Phase V) are identified in Attachment 1 of this Amendment No. 3, attached hereto and incorporated herein by reference. In addition to services identified for Phase V in Exhibit A of the Original Agreement, for clarification but not intended to limit services identified in Exhibit A of the Original Agreement, Consultant shall be responsible to: • Assist the City in soliciting proposals for and in selecting an "essential services building" qualified inspector pursuant to Section 16007 of the California Health and Safety Code who will be under the supervision of the City and who will report to the City's Building Official. Also, Consultant will assist in the certifications necessary for the Tustin Legacy Fire Station pursuant to the California Health and Safety Code when the City supervised essential services building qualified inspector provides the required reports that all structural elements were tested and inspected. • Purchase, implement, and obtain training for participants in the project of a web- based application for documenting and processing submittals, RFI's and other construction related communications, called Submittal Exchange. The intent of this electronic submittal system is to expedite the construction process by reducing paperwork, improving information flow, and decreasing turnaround time. • Review and approve, in consultation with City, all contractor submittals (shop drawings, cut sheets, samples, etc.). • Issue bulletins as required by the City reflecting changes to the approved plans and specifications approved by Consultant's architect, and City Building Division, OCFA and City as owner. • Provide periodic and also required field observation and reports for compliance with plans and specifications and requirements of Section 16017 of the California Health and Safety Code. • Participate in regularly scheduled construction meetings as necessary to support the flow of information and progress of construction. • Participate in final testing of all systems for start-up and ensure completion of all required commissioning. • Generate punch lists for OCFA and City approval and Certificates of Completion for City review and approval. • Generate Record Drawings for City of Tustin and OCFA. 2.0 MODIFICATION OF COMPENSATION 2.1 Pertaining to Section 2.0: COMPENSATION 2.1.1 Compensation of Consultant. Section 2.1 of the Agreement is amended to add the following: "The Consultant shall be compensated and reimbursed an additional amount not to exceed $377,800 for Phase V services and tasks, including expense reimbursements during Phase V services as shown in Attachment 1." 2.2 Pertaining to Exhibit C, Schedule of Compensation: Compensation and Expense Reimbursement. -2- The compensation for Consultant's services for the Subsequent Scope of Services for Phase V identified in the Original Agreement is amended to read as prescribed below: "The Consultant shall be compensated and reimbursed an additional compensation amount not to exceed $377,800 for Phase V based on tasks and assignments for services of each sub-consultant, including all expense reimbursements as shown in Attachment 1. This assumes approximately 20-22 months of service through complete close-out of project beginning July 1, 2011. Billing requests shall be based for the primary construction support task on equal increments over the total project duration of the Phase V Scope of Services for Griffin Structures Task A services as shown in Attachment 1. The sub-consultants will bill against their fixed fee amount as shown in Attachment 1 based on a percentage of work completed for each month for the total project duration as determined by the Consultant and agreed to by the City, with no mark-ups on sub-consultant billings to Consultant except for any requests by Consultant for reimbursable reimbursements pursuant to this Section. The Consultant and sub-consultant support anticipated for Phase V services and the anticipated costs for such support as distributed to each firm is identified in Attachment 1 of this Amendment No. 3. The additional Compensation for Phase V services shall include all services of Consultant and its approved sub-consultants, including all professional services, expenses, insurance, printing, plotting, copying, communications, travel, business license fees, and miscellaneous reimbursements. Consultant agrees to limit its charge for mark-ups on its own expense reimbursements or that of its sub-consultants to not exceed ten percent (10%) of any billing request. Items authorized as Expense Reimbursements shall be the same as those identified in the Original Agreement. 3.0 MODIFICATION TO PERFORMANCE SCHEDULE 3.1 Pertaining to Section 3.0: PERFORMANCE SCHEDULE 3.1.1 Term. Section 3.4 of the Agreement is amended to read as follows: "Unless terminated earlier in accordance with Section 7.6 or 7.7 of the Original Agreement, the Agreement shall continue in full force and effect until satisfactory completion of all services as determined by the City, including Phase V services." 3.2 Exhibit E of the Agreement is amended to add the following: "The Schedule of Performance for completion of Consultant's Scope of Services for Phase V under this Agreement is based on Consultant's performance and is estimated to be within approximately 20-22 months from the effective date of this Amendment No. 3." -3- 3 on behalf of the parties and that by so executing, the parties are formally bound to the provisions of this Agreement. 4.3 This Amendment No. 3 and the Agreement, shall subsequently be collectively referred to as the "Agreement". IN WITNESS WHEREOF the parties have executed this Amendment No. 3 as of the dates stated below. DATED "City" City of Tustin, a municipal corporation APPROVED AS TO FORM: By: William A. Huston Interim City Manager or Christine Shingleton Assistant City Manager Doug Holland City Attorney "Consultant" Griffin Structures, Inc., a California Corporation By: Roger Torriero Chief Executive Officer -4- ATTACHMENT 1 ATTACHMENT 1 Task Consultant or Subconsultant Budget Primary Staff Members Construction Support Griffin Structures $215,000 Roger Torriero beryl Robinson Gary Chubb A/E Management of Bid Process WLC Architects $10,000 Kelly Needham Jeremy Chou Shih-Jin Yen Construction Period, Post Construction, Evaluation & Inspection -Architectural WLC Architects $82,000 Kelley Needham Jeremy Chou Shih-Jin Yen Civil Engineering Rick Engineering Incl in WLC costs Marten Anderson Jennifer Gillen Structural R.M. Byrd Incl in WLC costs Richard Byrd Mechanical & Electrical Glumac Incl in WLC costs Richard Holzer Jonathan Mitsumori Landscaping & Irrigation RJM Design Incl in WIC costs Larry Ryan Eric Chastain LEED Inspection and Certification WLC Architects $55,800 Bernard Wassink Reimbursable Expenses Griffin Structures $7,500 ------------------------ Cost of Submittal Exchange On-line Information System $3,800 Contingency (includes miscellaneous as determined by City, in its sole discretion City of Tustin $3,700 ------------------------- Total $377,800