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Home My WebLink AboutCOW 2016-06-13 Item 4C - Contract Supplement #5 - Interurban Avenue South Construction Management with Anchor QEA for $195,000COUNCIL AGENDA SYNOPSIS ------- ----------------- --- -- - -- -- Initials Meeting Date Prepared by_ .4 MqA��, review cil review _ 06/13/16 BG• V ITEM INFORMATION ITEM NO. 4.C. Mi. ISTAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 6/13/16 AGENDA ITEM TITLE Interurban Avenue South (S 143rd St to Fort Dent Way) Construction Management Agreement Supplement No. 5 with Anchor QEA CATEGORY Z Discv-sion Mtg Date Z Motion Mt ,g Date 06120116 F-1 Resolution Mtg Date ❑ Ordinance Mtg Date Z Bid Award Mig Date 06120116 ❑ Public Hearing Mtg Date ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR [:] DCD [:] Finance ❑ Fire ❑ IT [:] P&R ❑ Police ❑ PW SPONSOR'S The Council is being asked to consider Supplement Number 5 to the Construction SUMMARY Management Agreement with Anchor QEA REVIEWED BY z cow mtg. ❑ CA&P Cmte ❑ F&S Cmte E]Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMI'I`TF,E Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $195,000 $ $195,000 Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 06/13/16 Committee of the Whole MTG. DATE ATTACHMENTS 06/13/16 Committee of the Whole Informational Memorandum dated 06/10/16 Supplement Number 5 Mi. 70 o ity of • Atlan Ekberg, Mayor Public Works Department — Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Committee of the Whole r�' FROM: Bob Giberson, Public Works Director `'�5 CC: Allan Ekberg, Mayor DATE: June 10, 2016 SUBJECT: Interurban Avenue South IS 143rd St to Fort Dent Way) Project No. 90310402, Contract No. 14 -066 CM Consultant Supplement No. 5 with Anchor QEA ISSUE Execute a contract supplement with Anchor QEA (Anchor) in the amount of $195,000.00 (to be reimbursed) to perform continued construction management (CM) services and extend the contract through the end of August 31, 2016 for the Interurban Ave S Project. BACKGROUND Construction has been underway on Interurban Ave S from S 143rd St to Fort Dent Way since July 2014. Early Change Orders and multiple contractor - caused construction delays have extended the construction deadline from October 14, 2015 to November 15, 2015. After working through the winter to complete the project our contractor has reached Substantial Completion and expects to reach Physical Completion by June, well beyond the required deadline. We expect a claim for delay compensation to be submitted by the contractor in the near future. The negotiation of this claim is expected to extend beyond the current contract end date for CM services provided by Anchor and continued construction management support is required to assist the City with final documentation and claim resolution. DISCUSSION Anchor has provided the attached contract supplement and fee estimate to continue to perform construction management services into late summer of 2016. This CM supplement is based on the final project inspections and claims discussions to be primarily performed by City staff, however Anchor will provide on -call support for evaluation of construction issues and schedule analysis reviews. Anchor will remain responsible for completing the project paperwork to pass the anticipated federal audit. FINANCIAL IMPACT The additional budget for this supplemental work will be covered by additional funds to be requested from the Transportation Improvement Board (TIB) and the liquidated damages to be assessed against the Contractor for delayed contract completion. The current estimate for liquidated damages is $350,000. The TIB awarded a $5,000,000 construction grant to Tukwila based on the Engineer's Estimate for construction costs. However, TIB reduced the grant based on favorable bid results. Because the project cost was higher than the actual bids, the TIB will allow a large portion of the returned funds to be recovered upon billing TIB for cost reimbursement. RECOMMENDATION Council is being asked to approve the construction management contract Supplement No. 5 with Anchor QEA in the amount of $195,000.00 for the Interurban Ave S Project and consider this item at the June 13, 2016 Committee of the Whole and the subsequent June 20, 2016 Regular Meeting. Attachment: Anchor QEA Contract Supplement #5 wApw eng\projects\a- rw & rs projects\interurban ave s (90310402)Unfo memo cm anchor supplement S.docx 71 72 � Washington State VI/ Department of Transportation Supplemental Agreement Organization and Address Number Four Anchor QBA, LLC 720 Olive Way, Suite 1900 Seattle, WA 98101 Original Agreement Number STPLJL -1045 (007); 14 -066 Phone: 206 287 -9130 Project Number Execution Date Completion Date 90310402 June 6, 2014 August 31, 2016 Project Title New Maximum Amount Payable Interurban Avenue South Improvements $ 1,937,648.00 Description of Work Provide Construction Management Services for roadway improvements from S. 143rd Street to Fort Dent Way, including walls, storm drainage, illumination, landscaping, paving and pedestrian facilities. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Anchor OEA, LLC and executed on June 6, 2014 . and identified as Agreement No. 14 -066 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1 Section 1, SCOPE OF WORK, is hereby changed to read: The scope of work as identified in the original agreement and Supplements No. 1 through No. 3 largely remains unchanged however the time required to perform field inspection and provide ongoing CM support for the contract has expanded dramatically. This supplement will provide additional money and time to complete the previous contract requirements and provide contract claim evaluation to the end of August, 2016. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: August 31. 2016 Section V, PAYMENT, shall be amended as follows: Increase the maximum amount payable by $195,000 from $1,742,648.00 to $1,937,648.00 as set forth int eh attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. • Berschinski - of Consultant Signature Approving Authority Signature DOT Form 140 -063 Revised 09/2005 73 Supplement No. 4 Exhibit A Consultatnt Fee Determination- Summary Sheet (Cost Plus Fixed Fee) Project: Interurban Avenue South- S. 143rd Street to Forth Dent Way Direct Salary Cost (DSC): Classification Man Hours Principal - Construction Manager 260 Senior Staff- Lead Inspector 700 Office Engineer 600 Inspector - Specialty - Project Coordinator /Administration 16 * Rate capped at $87.00 for this contract Overhead (OH Cost including Salary Additives): OH Rate x DSC of 160.94% Fixed Fee (FF): FF Rate x DSC of 25.00% Reimburseables: Mileage Copier/Copies Misc Supplies and Equipment Subtotal - Supplement No. 4 Previous Total (Original + Supplement No. 1, 2 and 3) Revised TOTAL (Original + Supplement No. 1, 2, 3 and 4) Prepared by: Ed Berschinski 74 Total DSC x $67,252.0 x $ 67,252.00 Subtotal Labor S 1,500. $ 1,000.00 Subtotal Reimburseables $ 67,252 108,235 $ 16,813 $ 192,300 $ 2,700 $ 195,000 1,742,648 S 1,937,648 Date: 5/10/2016 Rate Cost x $ 87.00 22,620.00 x $ 40.00 28,000.00 x $ 27.00 = $ 16,200.00 x $ 42.00 = $ - x $ 27.00 = $ 432.00 Total DSC x $67,252.0 x $ 67,252.00 Subtotal Labor S 1,500. $ 1,000.00 Subtotal Reimburseables $ 67,252 108,235 $ 16,813 $ 192,300 $ 2,700 $ 195,000 1,742,648 S 1,937,648 Date: 5/10/2016