City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council 1) approve the final plans and specifications for
the Firing Range Rehabilitation Project, P-832; 3) waive the competitive bidding
requirements per the City’s Charter; 3) award a contract with SuperTrap, Inc. for the
construction of the Project; and 4) approve a budget amendment from Asset Seizure
funds in the amount of $300,000 to complete the project.
A 4/5
th
vote is required to approve the contract and the budget amendment.
BACKGROUND:
In August 2008, the City Council terminated a design-build contract with Fast-Track
Construction Inc., (Fast-Track) due to a proposed change order cost for
soundproofing that significantly exceeded the available budget. The decision to
terminate the contract with Fast-Track was made following a peer review of the
proposed project changes by McClaren, Wilson & Lawire, Inc. (MWL), an
independent architect. MWL’s opinion was that the proposed soundproofing of the
firing range was over-designed and more costly to construct than other
soundproofing systems. It was the recommendation of MWL that a more cost
effective soundproofing system be designed and constructed while still meeting the
existing budget and fulfilling the operational needs of the Police Department.
Meeting Date: 04/20/09 Item Number: PH-1
AGENDA ITEM: PUBLIC HEARING AND FOUR FIFTHS VOTE REQUIREMENT: (1)
Approval of the Final Plans and Specifications for the Firing Range Rehabilitation
Project, P-832; (2) Waiver of the Competitive Bidding in Accordance with the
City’s Charter; (3) Award of a Contract to SuperTrap, Inc. for the Project; and (4)
Approval of a Related Budget Amendment
Contact Person/Dept.: Elaine Jeng/PW,
Charles Herbertson/PW
Phone Number: (310) 253-5621,
(310) 253-5635
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (04/15/09); SuperTrap, Inc., via email
on 04/06/2009
Department Approval:
Charles D. Herbertson (04/09/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/16/09)
Chief Financial Officer Review:
Jeff Muir (by N. Kimball) (04/15/09)
City Manager Approval:
Jerry B. Fulwood (04/16/09) City of Culver City, California
City Council Agenda Item Report
Subsequent to the termination of the design-build contract with Fast-Track, MWL
and Widom Wein Cohen O’Leary Terasawa (WWCOT), the architect under Fast-
Track team, was retained for the re-design process. City Council approved a
professional services agreement with MWL and WWCOT at the October 13, 2008
meeting. At this meeting, staff indicated that it expected the re-design would be
completed in February/March 2009.
DISCUSSION:
The redesign of the firing range project was completed in March 2009. In the new
design the specifications of the heating ventilation and air conditioning (HVAC), and
electrical components (two major components of the range) are detailed and
enhanced, whereas the previous design provided by Fast-Track did not include such
detail, which made their submittal unclear. In addition, the initial submittal by Fast-
Track raised concerns that the design for the air flow through the range would not
provide for laminar flow of air and the resulting turbulence would result in inadequate
smoke clearance during range operations. The new design provided by MWL and
WWCOT addresses these concerns. Upon the completion of the re-designed plans,
staff held meetings with MWL and WWCOT to conduct value engineering in order to
reduce the overall project cost.
SuperTrap Inc. (SuperTrap), like WWCOT, was a part of the original team under
Fast-Track. SuperTrap’s expertise is providing and installing the bullet trapping
system, including any ballistic components to provide a complete and operational
range. Fast-Track was selected based on a competitive bid. The Police Department
had specified a bullet trap system desirable for their training, and this was included
in the Request for Proposal to which Fast-Track responded. Based on ballistic
specifications from the Police Department, SuperTrap was the only company that
satisfied the specifications of the desired bullet trap system.
Because SuperTrap’s product satisfies the Police Department’s specifications, and
SuperTrap’s participation in the project was once established through a competitive
process as required by the City’s Charter, staff is recommending that the competitive
bidding requirements be waived in this situation as authorized by the City’s Charter,
and a construction contract be awarded to SuperTrap for complete installation of the
range and construction of the ancillary space (Range Master’s room, gun ready
room, etc). With this recommendation, staff approached SuperTrap to provide a
more comprehensive bid based on the recently completed re-designed plans. Staff
conducted numerous meetings with SuperTrap and negotiated pricing options on
overhead and profit to be earned by SuperTrap and its team. These negotiations
resulted in staff being quite confident in the reasonableness of the project cost. City of Culver City, California
City Council Agenda Item Report
Final negotiations with SuperTrap concluded costing a proposal in the amount of
$736,302 to construct a complete and operational range plus ancillary spaces.
Per Section 1604 of the City’s Charter, the City Council may award a contract
without complying with the competitive bidding procedures by a vote of at least four-
fifths of its members after a public hearing.
A completed set of plans and specifications is available for review at the City Clerk’s
Office in City Hall.
FISCAL ANALYSIS:
The project is funded by Asset Seizure Fund (Fund 416). The current project budget
for the construction of the range is $930,000. To date approximately $230,000 has
been expended including the demolition phase of the project. Of the total expended
amount, approximately $65,000 was paid to Fast-Track. The contract amounts with
MWL and WWCOT for redesign are a total of $85,300. The City Council approved a
final payment of $58,855.85 to Fast-Track in March 2009, leaving a total of $555,840
for project construction.
The remaining project budget is insufficient to fund the construction of the project.
Staff recommends the project shortfall of $254,092 be funded from the Asset
Seizure Fund balance. This will require a budget amendment of $300,000 (i.e.
$250,000 plus 20% contingency) to appropriate the additional cost, increasing the
total remaining project budget to approximately $850,000. There are sufficient Asset
Seizure Funds to fund this proposed budget amendment.
ATTACHMENTS:
1. March 9, 2009 Council Report
2. October 13, 2008 Council Report
3. August 25, 2008 Council Report
MOTIONS:
1) Approve the final plans and specifications for the Police Firing Range
Rehabilitation Project, P-832; and,
City of Culver City, California
City Council Agenda Item Report
2) Approve a budget amendment to appropriate $300,000 from Asset Seizure
account number to the budget line item 42000832, Police Firing Range
Rehabilitation Project, P-832 (four-fifths vote required); and,
3) Per Section 1604 of the City’s Charter, waive the competitive bidding
requirements (four-fifths vote required); and,
4) Award a contract to SuperTrap for the Police Firing Range Project, P832 in an
amount not-to-exceed $736,302 (four-fifths vote required);and,
5) Authorize the Public Works Director/City Engineer to approve change orders in
an amount not-to-exceed $73,630, if necessary; and,
6) Authorize the City Attorney to review/prepare the necessary documents; and,
7) Authorize the City Manager to execute such document on behalf of the City.
MEETING DATE: 4/20/09
AGENDA ITEM: PUBLIC HEARING AND BUDGET AMENDMENT:
Approve the Final Plans and Specifications and
Approve a Contract with SuperTrap, Inc., without
Conducting a Formal Bidding Process, for the
Firing Range Rehabilitation Project, P-832
ATTACHMENTS
Pages|109| March 9, 2009 Council Report
1-3|109| October 13, 2008 Council Report
4-6|109| August 25, 2008 Council Report
7-10Meeting Date: 03/09/2009
AGENDA1TEM: Authorization of Payment of Non-Disputed Outstanding Invoices
ack Construction Inc. for the Firing Range Rehabilitation Project, P-832
El
Public Notifiation: Fast-Track Construction Corporation on March 2 2009; MasterE-
Mail Notification List (03/04 '09)
Department Approval:
. _
Charles D. Herbertson
Chief Financial Officer Approval:
Jeff Muir (by NKimball) (03/03109)
City Attorney
:Qiftj(. ...mapagpt::A0.000j
Jerry B Fulwood (03/04/09)
El
City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council authorize the payment of $58,885.85 for non-
disputed outstanding invoices to Fast-Track Construction Inc. ("Fast Track") for the
Firing Range Rehabilitation Project, P-832
BACKGROUND:
In January 2007 the City Council awarded a design-build contract to Fast Track for
the design and construction of the Police Firing Range Project in the amount of
$581,772.25. After the award of the Project, soundproofing design was added. The
soundproofing design provided by Fast Track would require the entire project cost to
increase to $1,015,368. While staff anticipated an increase to the Project cost, the
final figure was beyond the available budget. More importantly, staff reviewed the
proposed soundproofing design and questioned the need for all of the proposed
components. Staff solicited the independent architecture firm of McClaren, Wilson
and Lawrie Incorporated (MWL) to evaluate the proposed design by Fast Track and
provided a peer review. The architect's opinion was that the proposed
soundproofing system was over designed and more costly to construct than other
soundproofing systems for similar firing ranges. MWL recommended that a more
cost effective soundproofing system could be designed and constructed that would
meet the existing budget and operational needs of the Police Department.
On August 25, 2008, the City Council terminated the design-build contract with Fast
Track and directed staff to re-evaluate the soundproofing design and construction
options so that the project can be completed.City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
The General Condition provision of the contract document indicates that upon
contract termination, the City shall pay the Design-Builder for the work already
performed under the Design-Build Contract up to the point of termination. After
detailed review of the outstanding invoices from Fast Track, staff determined the
outstanding final payment owed to Fast Track is $58,885.85, including a retention of
one of the already paid invoices of $2,822.52.
Attached to this report is a list of the items for the total outstanding payment of
$58,885.85. Primarily, the final payment is comprised of the direct costs to the
project subcontractors (electrical, HVAC, ballistic trap, architectural, and etc). Fast
Track disputes this amount, contending they are entitled to the entirety of the
general conditions (profit) for their involvement in the project rather than a portion of
the general conditions based upon the percentage work completed. Staff disagrees
with this assessment.
Staff is recommending the City Council approve the payment of $2,822.52 for the
retention held on an already paid invoice and the non-disputed subcontractor direct
cost of $56,648.61 for a total payment of $58,885.85. This undisputed amount due
to Fast Track has been reduced by $5,467.23, an amount that is being withheld due
to a stop notice that was recently filed by a subcontractor.
FISCAL ANALYSIS:
The Firing Range project (P-832) is funded by Asset Seizure Fund 416. The original
budget for this project in FY 2004/05 was $630,000, which was subsequently
increased to $930,000 in FY 2005/06. To date, approximately $230,000 has been
expended including the demolition phase and lead abatement phase of the Project,
which was performed under a different contract with another contractor. Of the total
expended amount, approximately $65,400 was paid to Fast Track during the course
of their contract. The remaining Project funding is approximately $700,000 of which
$102,300 is set aside for the re-design services.
ATTACHMENTS:
A. Breakdown of Final Payment to Fast-TrackCity of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1. Authorize the payment of $58,885.85 for non-disputed outstanding invoices to
Fast-Track Construction Inc. for the Firing Ramie Rehabilitation Project, P-832
and
2. Authorize the payment of the amount withheld for the Stop Notice ($5,467.23)
upon resolution of the Stop Notice by the contractor.
3Item Number: C-10 Meeting Date: 10/13/08
AGENDA ITEM: Approval of Professional Services Agreements with McClaren
son & Lawrie, Inc. (MWL) and Widom Wein Cohen O'Leary Terasawa Witi/COT)
for the Re-Design of the Firing R ange Rehabilitation Project, P-832
Contact Person/Dept.: Elaine Jengi
PulDlic Notification:
Master E-mail Notification List (10/08/08)
Department
Charles ft Herbertson (10/03/08)
Chief Financial Officer Approval:
Jeff Muir (by N Kimball) (10/08/08)
MVVL and WVVC T, via e-mail on (10108/08)
City Attorney Approval:
Caret SthWab.' --- .„::wtit:::Bakery:::(:to/o8/08)
City Manager Approval:
Jerry.-B Fulvvocd (10/08/08)
City of Culver City, California
City Council Agenda Item Report
RECOMMENDATIONS:
Staff recommends the City Council: 1) award of a professional services agreement
with McClaren, Wilson, & Lawrie, Inc. (MWL) to re-design project components and
provide design-oversight and 2) award of a professional services agreement With
WidOM Wein Cohen O'Leary Terasawa (WWCOT) to design revised plans and
specifications for the construction of the firing range project.
BACKGROUND:
In August 2008, the City Council terminated a design-build contract with Fast-Track
due to a proposed change order cost for soundproofing that significantly exceeded
the available budget for the firing range project located at the police station. The
decision to terminate the Fast Track contract was made following a review
conducted by MWL. MWL,based in Phoenix, Arizona, is an architect firm that
specializes in the programming, planning, and design of civic and public safety
facilities. They have designed more than 100 police stations (many that include firing
ranges) and over 90 crime labs/medical examiner facilities throughout North
America. James Lewis McClaren, a Registered Architect, specializes in law
enforcement, firearms proficiency, and forensic science laboratories. The architect's
opinion was that the proposed soundproofing of the firing range is over designed and
more costly to construct than other soundproofing systems. It was the
recommendation of MWL that a more cost effective soundproofing system can be
designed and constructed while still meeting the existing budget and fulfilling the
operational needs of the Police Department.
DISCUSSION:City of Culver City, California
City Council Agenda Item Report
Given MWL's extensive experience in public safety facilities and their knowledge of
the City's project, staff is recommending the hiring of MWL for conceptual re-design
and oversight for the construction of the firing range. Based on their proposal, MWL
will conduct a thorough review of the completed project plans and identify areas
appropriate for re-design. The goals of the re-design will be focused on meeting the
intended use of the range based on the Police Department's expressed needs with
consideration being given to the available budget. Due to MWL's work load and
limited availability, MWL will take the role as the firing range specialist who specifies
the parameters of the re-design and convey them to WWCOT for inclusion in the
existing project plans. The proposed fee for MWL's services is $24,000.
WWCOT is the original architect who prepared the construction plans for Fast-Track
and is conveniently located in Santa Monica. They are already familiar with the
project and WWCOT's involvement will expedite the re-design process. Also
WWCOT is a well-known architectural firm that has extensive experience designing
projects for municipalities throughout California. WWCOT's proposed fee is $61,300
and includes fees associated with the redesign of the mechanical, electrical and
plumbing work in order to meet the special needs of the firing range.
It is estimated that the re-design will be completed in February/March 2009.
FISCAL ANALYSIS:
The Firing Range Rehabilitation Project is funded by Asset Seizure Fund 416. The
original budget for this project in FY 2004-05 was $630,000, which was subsequently
increased to $930,000 in FY 2005-06. To date, approximately $230,000 has been
expended including the demolition phase of the project. Of the total expended
amount, approximately $65,000 was paid to Fast-Track. The remaining project
funding is approximately $700,000.
With the termination of the design-build contract with Fast-Track, staff expects the
final payment to Fast-Track will be an additional $65,000 (for a total payment to
Fast-Track of approximately $130,000), subject to the City Council's approval,
leaving the current firing range project an available budget of approximately
$635,000. The proposed fee for MWL's services is $24,000. The proposed fee for
WWCOT's services is $61,300. With the proposed combined fees and change order
authority (not-to-exceed $17,000), the project budget can support both contracts with
a remaining budget of approximately $532,700 - $549,700 (depending on the cost
for possible change orders) for the rehabilitation of the firing range.City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
1. McClaren, Wilson, & Lawrie, Inc., August 25, 2008 proposal
2. Widom Wein Cohen O'Leary Terasawa, September 26, 2008 proposal
MOTIONS:
That the City Council:
1) Approve a final payment to Fast-Track in an amount not-to-exceed $65,000 (for a
total payment to Fast-Tract not-to-exceed $130,000); and,
2) Approve a professional services agreement with MWL for conceptual re-design
and construction oversight for the Firing Flange Rehabilitation Project P-852, in
an amount not-to-exceed $24,000;
3) Approve a professional services agreement with WWCOT to design revised
construction plans and specifications for the Firing Range Rehabilitation Project
P-852, in an amount not-to-exceed $61,300;
4) Authorize the Public Works Director/City Engineer and Police Chief to approve
change orders associated with the agreements in an amount not-to-exceed
$17,000, if necessary; and
5) Authorize the City Attorney to review/prepare the necessary documents and
authorize the City Manager to execute such documents on behalf of the City.ix]
Yes !scat !t-p paot
II
Public Hearing: Attachments: [X] Action Item
: :-COntact sPer$On/Depti :::::- Elaine; eh
H.On4 WatOPW:
[XI
Pubfic Notifiaation:
Master E-Mail Notification List (08/20/08); Fast-Track, via mail on August 15.
q01)artrheil:LApproval:
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (8120/08)
City .Attorney Approval.
Carol Schwab (by H. Baker) (08119/08)
City of Culver City, California
City Council Agenda Item Report
Meeting Date. 08125108
Item Number: A-6
AGENDA ITEM: Terminate the Design-Build Contract With Fast-Track
ons ruction Corporation for the Firing Range Rehabilitation Project, P-832
RECOMMENDATIONS:
Staff recommends the City Council terminate the design-build contract with Fast-
Track Construction Corporation (Fast-Track) for the Firing Range Rehabilitation
Project, P-832.
BACKGROUND:
In August 2006, a Request for Proposal was released to solicit bids for the design-
build of the Police Department Firing Range rehabilitation project, P-832. There
were three proposals received. In January 2007, the City Council awarded a contract
with Fast-Track in the amount of $581,772.25. A pre-design meeting was conducted
with Fast-Track and it was brought to staff's attention that the bid documents did not
include soundproofing as a part of the project. In February 2007, staff requested
Fast-Track to provide a cost proposal from an acoustic engineer to conduct a study
of a recommended soundproofing system for the firing range. After several
interviews with acoustic engineers, Fast-Track provided a proposal from an acoustic
engineering firm in April 2007. Staff directed Fast-Track to proceed with the
soundproofing study and it was completed in November 2007.
At the completion of the study, a change order (CCO 3) was presented by Fast-
Track to incorporate the recommendations in the soundproofing study to the
construction plans. The following are all the change orders requests for the project:City of Culver City, California
City Council Agenda Item Report
47,
Contract Change Order 1 (COO 1)
Staff directed Fast-Track to purchase a wireless target system on behalf of the City
through the design-build contract. CCO 1 was approved in the amount of $19,212 to
purchase 5 modular shooting targets.
Contract Change Order 2 (CCO 2)
In April 2007, this change order was approved in the amount of $20,786 for the
acoustical engineering consultant sound proofing study of the firing range_
Contract Change Order 3 (COO 3)
In December 2007, Fast-Track requested a change order amount of $36,681.59 and
contract extension of 130 calendar days for the additional architectural design fees
to incorporate the proposed soundproofing system components in the project
construction plans. COO 3 was not fully approved by staff due to the unreasonable
amount of time extension requested with the work.
Contract Chanae Order 4 (CCO 4)
COO 4 was submitted in June 2008 in the amount of $446,926, mostly for the
additional cost attributed to labor and material to construct the soundproofing
system. CCO 4 by itself nearly doubles the original contract amount. The large
amount of CCO 4 was not anticipated by staff. The total cost to construct the firing
range as it is currently designed is $1,015,368.
DISCUSSION:
Staff has solicited an independent architecture firm (McClaren, Wilson and Lawrie,
Incorporated) with experience in firing range design and construction to evaluate
the proposed design and provide a peer review and recommendation to the City.
The architect's opinion was that the proposed soundproofing of the firing range is
over designed and more costly to construct than other soundproofing systems for
McClaren, Wilson & Lawrie, Inc., based in Phoenix, Arizona, is an architect firm that specializes in the
programming, planning, and design of civic and public safety facilities. They have designed more than 100 police
stations (many that include firing ranges) and over 90 crime labs/medical examiner facilities throughout North
America. James Lewis McCiaren, a Registered Architect is specialized in law enforcement, firearms proficiency,
& forensic science laboratories. Since 1982, Mr. McGlaren has devoted his career to the master planning,
programming and design of law enforcement, forensic science and forensic pathology facilities throughout North
America.City of Culver City, California
City Council Agenda Item Report
similar firing ranges. It is the recommendation of McClaren, Wilson and Lawrie, Inc.
that a more cost effective soundproofing system can be designed and constructed
while still meeting the existing budget amount and fulfilling the operational needs of
the Police Department.
Due to the proposed change order cost that greatly exceeds the available project
budget, staff recommends that the City Council terminate its contract with Fast-Track
and re-evaluate its design and construction options so that a firing range can be
constructed that will both meet the department's needs and budgetary constraints
The General Condition provision of the contract document, Article 14.3, "Termination
by City Without Cause" states, "Without limitation upon any of the City's other rights
or remedies at law or in equity, the city shall have the option, at its sole discretion
and without cause, to terminate the Design-Build Contract, in whole or in part, by
giving fourteen (14) Day's written notice to the Design-builder as provided herein."
Upon contract termination, the City shall pay to the Design-Builder for the work
already performed under the Design-Build Contract.
FISCAL ANALYSIS:
The Police Firing Range project (P-832) is funded by Fund 416, Asset Seizure fund
account. The original budget for this project in FY 2004-05 was $630,000, which
was subsequently increased by a total of $300,000 in FYs 2005-06 and 2007-08.
Therefore, the total budget amount is $930,000. To date, just under $230,000 has
been expended, leaving a balance of just over $700,000. Of the total amount
expended to date, $65,410 has been expended on the contract with Fast-Track
Construction. The remaining amount was spent on Architectural fees for the
conceptual design that was used in the Design/Build RFP process, abatement of
lead contamination, and demolition of the old firing range. The available funds for
the firing range construction will be reduced by the amount the City owes, if any, to
Fast-Track for work performed that has not been compensated to date. This amount
will be determined through discussions with Fast-Track. The project does not have
adequate funding to pay for the construction as it is currently designed.
ATTACHMENTS:
1. Article 14.3 of the General Conditions of the contract documents.
MOTIONS:
910
City of Culver City, California
City Council Agenda Item Report
That the City Council:
1) Terminate the Police Firing Range Rehabilitation Design-Build contract with Fast-
Track Construction Corporation per Article 14.3 of the General Conditions of the
contract documents: and
2) Authorize the City Attorney to review/prepare the necessary documents for the
contract termination and authorize the City Manager to execute such documents
on behalf of the City.