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COW 2018-07-23 Item 4B - Public Safety Plan - Amendments to Contracts
COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by I Mayor's review Council review 7/23/18 RB 1 (` .4)--- a A,-- 8/6/18 RB 1 MtgDate 1 SPONSOR ❑Council�4Mayor HR DCD ❑Finance ❑Fire ❑TS P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve contract amendments needed due to the SUn MARY modifications made to the Public Safety Plan. RI?VIE?\VI3I) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. [] Parks Comm. DATE: 7/16/18 COMMITTEE CHAIR: HOUGARDY ►1 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT I I:; Unanimous Approval; Forward to C.O.W. 1 ITEM INFORMATION ITEM No. 4.B. 125 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL, AGENDA DATE: 7/23/18 AGENDA ITEM TITTLE Contract amendments for Public Safety Plan project management, architectural and GC/CM services. CATEGORY 11 Discussion 7/23/18 Motion Date 8/6/18 ❑ Resolur fon MtgDate ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing ilftg Date ❑ Other Mtg Date MtgDate Mtg SPONSOR ❑Council�4Mayor HR DCD ❑Finance ❑Fire ❑TS P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve contract amendments needed due to the SUn MARY modifications made to the Public Safety Plan. RI?VIE?\VI3I) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. [] Parks Comm. DATE: 7/16/18 COMMITTEE CHAIR: HOUGARDY ►1 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Mayor's Office I:; Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE EXPI?NDITURI1 RI?QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/23/18 MTG. DATE ATTACHMENTS 7/23/18 Informational Memorandum dated 7/10/18 (Updated after Public Safety Com.) Shiels Obletz Johnsen Contract Amendment 1 Weinstein A+U Contract Amendment 1 DLR Group Contract Amendment 1 Lydig Construction Contract Amendment 1 BNBuilders Contract Amendment 1 Justice Center and Fire Station budgets Minutes from the Public Safety Committee meeting of 7/16/18 8/6/18 125 126 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: July 16, 2018 SUBJECT: Project Management, Architect and GCCM Contract Amendments for the Public Safety Plan Update after the July 16 Public Safety Committee Meetina: The Committee asked that the project budgets for the fire stations and iustice center be included in the packet. includina the updated version that reflects Council's recent decision to not construct a new Fire Station 54 at this time. These are included as attachments. The fee increases in proiect management and architectural services have already been calculated in the modified budaets previously presented to Council. The project management fee increase also includes work on the Public Works facility. which has a $30M total budget for acquisition, master planning and improvements to at least one existing building. ISSUE The Council recently approved the modified Public Safety Plan, which included the updated budgets associated with each of the projects. Because the project budgets have changed from when the contracts for project management, architecture and GCCM services were signed, these contracts must be amended to accurately reflect the modified projects. In addition, some of the contract language was edited in the GCCM contracts to clarify the mutually -intended message. BACKGROUND In November of 2016, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Higher than expected construction cost escalation rate as well as extremely saturated construction market in the greater Seattle area have resulted in the construction budgets much higher than originally anticipated in the Bond measure. As a result, Fire Station 54 was removed from the program and Public Works scaled to the original budget of $30M. Contracts for project management and architectural services are based proportionally on constructions costs, so the modified budgets resulted in additional fees for these services. However, these fees are included in the modified project budgets previously presented to Council and these amendments are not adding additional costs to the modified Public Safety Plan. Below is an overview of the proposed amendments: Project Management Contract: • Shiels Obletz Johnsen: Increase in fee for project management services by $492,898 as a result of the increase from the original to the modified budget for the entire Public Safety Plan. Architects Contracts: 127 INFORMATIONAL MEMO Page 2 • Weinstein A+U: Increase in fees for architecture and engineering services by $395,537 as a result of the increase from the original to the modified budget for two fire stations. • DLR Group: Increase in fees for architecture and engineering services by $953,830 as a result of the increase from the original to the modified budget for the GCCM Contracts: • Lydig Construction: Removes Fire Station 54 from the contract and modified contract language to better reflect mutually -intended intent. • BNBuilders: Modified contract language to better reflect mutually -intended intent. All of the contract amendments were reviewed and approved by the Council's Project Management Quality Assurance consultant. RECOMMENDATION The Public Safety Committee is asked to approve all of the contract amendments. The staff asks that the contract amendment be moved to the July 23, 2018 Committee of the Whole meeting for approval and forward to the August 6 Regular Meeting. ATTACHMENTS Shiels Obletz Johnsen Contract Amendment No. 1 Weinstein A+U Contract Amendment No. 1 DLR Group Contract Amendment No. 1 Lydig Construction Contract Amendment No. 1 BNBuilders Contract Amendment No. 1 Justice Center modified budget Fire Stations modified budget Z:\Council Agenda Items\Communications\Modified PSP Contracts Update Memo doc 128 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 16-179 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc.. is hereby amended as follows: 1. Project Designation: The Consultant is retained by the City to perform Property Management Services in connection with the project titled Public Safety Plan. 2. Scope of Services: The Consultant agrees to perform the services, identified on Exhibits "A" attached hereto, including the provision of all labor, materials, equipment and supplies related to completion of the revised and updated program scope and budget. 3. Duration of Agreement; Time of Performance This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2021, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perfoml all services and provide all work product required pursuant to this Agreement no later than March 31, 2021, unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: Ken Johnsen, President ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 20IG Page 1 of 1 129 130 S 0 J ATTACHMENT A Tukwila Public Works Projects TOTAL ESTIMATED FEE (YOE$): ( 7/16/2018 quIvalenl Flt: 1,/8 1./8 1.15 1.50 1.50 4,01 Z. Reimbursable Expenses 500 500 500 500 500 500 500 1$ 3,5001 500 500 500 500 500 500 500 500 500 500 500 500 4 2.6 2.6 2.5 2.5 2.5 2.5 2.5 2.5 2 1 9 1.5 1 3 1.1 1.1 0.5 0.5 0 1 0 0 500 500 500 500 500 500 500 500 500 500 500 500 100 100 100 Reimburseables Fee of Total Project Budget Fee of MACC Ave Monthly FTE $ 12,300 1 Reimurseables 3.63% 4.05% 2.02 15,800 (Estimate to complete) $ 2,216,521 (Expended to date) $ 970,692 (Total estimate) $ 3,187,414 (Current Contract Amt) -$2,694,516 (Amendment No. 1) II $492,8981 Feb 11 5 c I. I unrl c m ci AO -11 Dec g L m o . oN N 11 - Justice Center - Fire Station 51 - Fire Station 52 - City Shops unrl 'Aug Sep p z Dec SubTotal Est Hours (thru 2018) SUBTOTAL FOR PROJECT (thru 2018) 7 Feb 1Mar 1 c Aug Sep o z o subtotal hours 2019 o Feb Mar Apr 2 Jun 1 '5 Aug subtotal hours 2021 SubTotal Est Hours (2019-2021) SUBTOTAL FOR PROJECT (2019-2021) Total Est Hours TOTAL FOR PROJECT Design Phase Bid/Construction Phase Move In 1 Closeout 1 1 _ Design Phase Bid/Construction Phase I Move In 1 Closeout Design Phase Bid/Construction Phase I Moore In 1 Closeout 4 A/ procurement Programming / Mr sterplanning Ph1 0 esign Phase Bidding PH 1 Construction Phase Mo'ae In Closeout 2 2 2 2 2 Ken Johnsen: Est. Hours Billino Rate: $278/hour 4 4 4 4 4 4 28 $ 8,018 4 4 4 4 4 4 4 4 2 2 2 2 40 2 2 2 2 2 2 2 24 2 2 2 6 70 $ 20.965 98 S 28 983 3,360 S 741,405 Justine Kim: Est. Hours Billing Rate: $206/hour 80 80 80 80 _ 80 90 90 580 $ 123,064 90 90 90 90 90 110 110 110 130 130 130 130 1,300 130 130 130 110 110 110 110 110 110 90 90 90 1,320 40 40 40 20 20 160 2,780 $ 618.340 4.555 S 757,978 Cariie Holmes: Est. Hours Billing Rate: $155/hour 95 95 95 95 95 110 110 695 , $ 110.957 110 110 120 140 140 140 160 160 160 160 160 160 1,720 160 160 160 160 160 160 160 160 160 140 120 100 1,800 100 80 80 40 40 340 3,860 - .$ 647,021 680 $ 54,266 Paige Primsiaar Billing Rate- $ 75/hour 20 20 20 30 30 30 30 180 $ 13.905, 30 30 30. 30 30 30 30 30 30 30 10 10 320 10 10 10 10 10 10 10 10 10 10 10' 10 120 20 20 20 60 500 $ 40,361 2.660 $ 511,437 Ethan Bernau Billing Rate: $180/hour 75 75 75 75 75 75 75 525 $ 97.335 75 75 75 95 95 95 95 95 95 95 95' 95 1,080 95 95 95 95 95 95 95 95 95 60 60 20 995 20 20 20 60 2,135 $ 414,102 712 S 106,654 Adam Strutynski Est. Hours Billing Rate: $139/hour 16 16 16 16 16 16 16 112 $ 16.035 20 20 20 20 20 20 20 20 20 20 20 20 240 20 20 20 20 20 20 20 20 20 20 20 20 240 20 20 20 20 20 20 120 600 $ 90,618 2,120 9,945 12,065 $ 369,314 $ 1,831,408 S 2,200,721 quIvalenl Flt: 1,/8 1./8 1.15 1.50 1.50 4,01 Z. Reimbursable Expenses 500 500 500 500 500 500 500 1$ 3,5001 500 500 500 500 500 500 500 500 500 500 500 500 4 2.6 2.6 2.5 2.5 2.5 2.5 2.5 2.5 2 1 9 1.5 1 3 1.1 1.1 0.5 0.5 0 1 0 0 500 500 500 500 500 500 500 500 500 500 500 500 100 100 100 Reimburseables Fee of Total Project Budget Fee of MACC Ave Monthly FTE $ 12,300 1 Reimurseables 3.63% 4.05% 2.02 15,800 (Estimate to complete) $ 2,216,521 (Expended to date) $ 970,692 (Total estimate) $ 3,187,414 (Current Contract Amt) -$2,694,516 (Amendment No. 1) II $492,8981 132 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA FIRE STATIONS 51, 52, AND 54 PROJECT This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and WEINSTEIN AU, LLC ("Architect"). This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated April 19, 2017 (the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement. and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Deletion of Fire Station 54. The City is not pursuing the design and construction of Fire Station 54 through the Agreement. Accordingly, all references to Fire Station 54 in the Agreement are deleted, and Architect will render no further services, and the City shall make no further payments, for Fire Station 54. The scheduling of services for Fire Stations 51 and 52 shall remain as described in Exhibit A, Section A.1.4, except that only Fire Station 52 will follow the completion of the Design Phase of Fire Station 51 ( , the Design and Cst.i,c.t;n- r;rn Station 52 will no longer proceed simultaneously with Fire Station 54). 2. Compensation. Architect's compensation for the Project shall be increased by a net total of Three Hundred Ninety -Five Thousand Five Hundred Thirty -Seven Dollars ($395,537). Accordingly, Architect's total compensation for the Project will not exceed Two Million Four Hundred Eighty -Five Thousand Two Hundred Fifty -Four Dollars ($2,485,254), as further described in the A/E Fee Reconciliation Summary dated July 9. 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit B Article 11, shall be revised accordingly. The Table of Fees on Page 5 of the Agreement shall be revised to read: FS 51 Design and Construction FS 52 Design and Construction Subtotal Additional Services. both stations (AS01- 1 1, AS 13) $932,443 $1,166,546 $2,098,989 $148,051 Subtotal $148,051 Programming Phase (completed) 5155,116 Site Selection (completed) $83,109 Subtotal $238,225 Total Fee ,AET1755447 DOC ;1/05720.00©0011 $2,485,254 133 3. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as shown below. CITY OF TUKWILA Allan Ekber Ma of WEINSTEIN AU, LLC By: Attest/Authenticated: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney AET1755447.DOC ;1 /O5720.00000 1/ ; 2 134 Exhibit A Please see the attached A/E Reconciliation Summary, dated July 9, 2418 AET1755447 DOC. I/05720.©4U{}U11 ; 135 WEINSTEINA+U ARCHITECTS+ URBAN DESIGNERS TUKWILA FIRE STATIONS A/E Fee Reconciliation Summary 7/9/18 Programming $155,116 Site Selection $98,150 Fee Required: WAU $16,390 LPD $6,600 Swift $2,572 Hart Crowser $50,000 TCA $0 Robinson $0 WAU Mark-up $5,917 Rei rn bu rsa b l es $1,630 TOTAL $83,109 FS54 CREDIT -$15,041 A501 City Council Presentations $3,902 AS02 Sustainability Memo $9,609 AS03 Additional Meetings (to date) $17,962 ASO4 Cost Review Support $3,763 AS05 IC Massing + Site $4,845 AS06 IC City Hall Test Fit $4,590 AS07 Preliminary Site Vetting $6,143 A508 GC/CM Coordination (to date) $43,021 AS09 Preliminary Signalization $5,208 AS10 FS54 Legacy Trees $1,980 AS11 Add'I Civil Site Support $7,117 AS12 F55.2 Addibiondi Site Analysis included wit Site Selection AS13 Southcenter Pkwy Redesign $39,911 FS51 Design and Construction $932,433 FS52 Design and Construction $1,166,546 TOTAL New Contract Amount $2,485,254 Current Contract Amount $2,089,717 Delta $395,537 2200 Western Avenue Suite .301, Seattle, WA 98171-1921 WeinsteinAU.c01n T 206 443 8606 F 206 413 1218 136 TUKWILA FIRE STATIONS AdditionaI Services Summary 7/9118 A501 City Council Presentations WAU $3,825 Reimbursables $77 TOTAL $3,902 A502 Sustainability Memo WAU $3,675 TCA $825 O'Brien $4,203 Swift $300 Mark-up $533 Rei mbursabies $74 TOTAL $9,609 AS03 Additional Meetings WAU $11,781 TCA $3,218 Swift $1,238 Feature Graphics $950 Mark-up $541 Reimbursables $236 TOTAL $17,962 ASO4 Cost Review Support WAU $843 TCA $2,640 Mark-up $264 Reimbursables $17 TOTAL $3,763 ASO5 3C Massing + Site WAU $4,750 Reimbursables $95 TOTAL $4,845 A506 3C City Hall Test Fit WAU $4,500 Reimbursables $90 TOTAL $4,590 A507 Preliminary Site Vetting WAU $5,375 LPD $600 Mark-up $60 Reimbursables $108 TOTAL $6,143 AS08 GC/CM Coordination WAU $33,555 Greenbusch $2,640 Travis Fitzmaurice $825 Robinson $4,530 Mark-up $800 Reimbursables $671 TOTAL $43,021 AS09 Preliminary Signalization WAU $0 W H Pacific $4,735 Mark-up $473 TOTAL $5,208 A510 FS54 Legacy Trees WAU $0 SWIFT $1,800 Mark-up $180 TOTAL $1,980 AS11 Add"I Civ1I Site Support WAU $0 LPD $6,470 Mark-up $647 TOTAL $7,117 AS12 P5S2 Additional Site Analysis Included cued$ Silt 5e1`•'.^r, e„ AS13 Southcenter Pkwy Redesign WAU $3,300 WHPacific $33,282 Mark-up $3,328 TOTAL $39,911 2200Western Avenue Suit€ 301, Seattle, WA 9812.1-1921 2 r 2 '�lyeilisteii All.coIn 7 206 443 8606 F 206443 1218 A119 TF5 iievhed A. E. Fee Pl po,aLions 137 Weinstein A43 FS51 Fee Calculation July 9.2018 Tukwila Fire Stations Fee Proposal BASIC FEE CALCULATION 98Seline 84,I4ing Area Site Area Project {MACC) per SO Estimate NE Base Service Per WA State Fee Schedule 2015 - Type '8* Assumes a 15 Month Construc5 rl PeriO4 Percent Fee Total Base Fee by Phase 11,933 SF *7.85,000 SF $5,980,138 8.61% COMP.! E I! r;(1!.1r'l L 1.- 15% 26% 26% 592.680 5128 722 5133,871 To Fee Summar 5932,4 2% 510,298 27% 5139.020 Total Basic Fee = 5547,230 Total Extra Services a 9365,131 Total Reimbursable Altera 920,572 2% 510,298 130% 5514.890 BASIC SERViC ES (Scope per Stale Fee Schedule Guidelines) escrr.Iran F'rrn Schematic Design Construction Bidding• Cantraet Cleae Out bc.i,1n firveln,un�=ix Documents Negotiation Administration TOTAL Architectural Consultant Budgets Structural Spot -Arabans Mechanical. Plumbing A Fire Protection Electrical. Fire Alarm and Lignling Civil (Basic Scope) BASIC FSIASE SUBTOTALS Weinstein AIU 60.641 4.633 3.43.1 °.05J 5283,039 Swenson Say Fagel Axl Greenbusch Travis Filzmeunce LPO 16,718 1.256 17,361 1,286 15.834 1.250 5,633 833 22.732 1 749 23,606 1,749 16.390 1 250 17,015 1.260 1.568 120 1,626 120 100,219 147823 133,871 10;286 139,025 15,298 567,697 934.500 392.972 $93.000 58,022 5547,230 EXTRA SERVICES SUBTOTAL {See following page for detail} WEEDED REIMBURSAB LE.S ALLOWANCE Rei mo u rsable allowance - Fixed Fe SUBTOTAL WIWAlJ bfut9pller 701i %of Total Fee) WAU 518.747 522.072 TOTAL FEE PROPOSAL MEEZEIZI 1F5 MaInC8Mra,crFeeE eimatelULY taxis 1 et 2 138 Punted: 7/8/15 Weinstein A+V Tukwila Fire Stations Fee ProposaI EXTRA SERVICES SUMMARY Schematic Design Construction Bidding • Contrail Close Oul {Defined by WA State Fee Schedule] Deslgm Development Documents fte9otiation Administration ITEM Brier Description Primary Consolfan fa TOTAL TOTAL SUBJEC TO MARK. 1 Specially Consultant - Civil Engineering 2 Specialty Consultant -Landscape 3 Specially Consultant -Detailed Cost Esbmaong 4 Specially Consultant • Fre Station Specialist Architect 5 Electrical Exaa 5erv+ce s: Paging and Alerting Systems LPD Swift Company Tho Robinson Company TCA Architecture Travis Frimaurice 6 Archllec9.ural Expo Services. Basic Interior Design WAV Complex Building CA WAU Coordination and Documentation of Bid Alternates WAU Envelope consultant coordination WAIJ Extra Meetings WAV Swift Company 14.095 19,765 4,389 1,084 1,654 14.637 1.084 14.015 1.515 3.291 2.730 214 2.835 210 3.200 3,000 3,000 5,000 10 GC/CM Coordination: Civil LPO 6,700 Landscape Swart Company 3.743 Architectural WAV 5.900 Structural SSF 1,000 Electrical Travis Fitarnaurice 2.500 Mechanical Greenbusch 3,360 Fire Station 5pecial151 TCA 1,550 Cost Estimating The Robinson Company 11 Specialty Consultant- Gaoled/mica! Engineering Han CrOwSer WAU EXTRA SERVICE TOTAL EXTRA SERVICE PHASE SUBTOTAL SUBTOTAL APPLICABLE 70 MULTIPLIER WAU 10% Mutopho, SUBTOTAL w/ WAU M 40pliar 70% TFS MalnCw4rectF44FRernatelULTia.xis 100.000 554.211 556.284 522.700 014.264 510.500 523400 5100,000 55.000 03,000 55,000 50 56.700 53,743 55.000 51,090 52.500 53.360 51.650 50 525450 354.211 356.284 322,700 514,264 510.500 00 56,700 53.743 51.000 52.500 53,360 51.550 50 526.480 5141,400 41.076 50.267 85.132 2.948 134,775 3.110 5344,792 5203 302 520,339 MERU x at 2 erintedt 715718 139 Weinstein A+U Tukwila Flee Stations Fee Proposal FS52 Fee Calculation BASIC FEE CALCULATION Baseline Building Area. SF Site Area Project (MACC) per 00 Estimate ASE Base Service Per NWA State Fee Schedule 2015 - Type 13' Assumes a 15 Month COnSSuoten Period Percent Fee Total Base Fee by Phase July 9.201 S 15. tti 60,500 SF 55,547.872 8.22% Total Fee Summary 51,166,546 15% 207. 26% 29. 5120 474 5175 459 5192.555 514.053 27% 5189.711 Tetal 0e+ie Fee = 5702,855 Total Extra Services s 5430,799 Toter Reimbursable Ailowt 525,112 27, 514,053 1009. 5702,635 BASIC SERVICES (Scope per Stale Fee Schew4e Guidelines) Deem -pram Firm Schematic Design Construction. Blddin9• Contract 0eslgn Oevelopmo! Documents Negotiation Admin4iration Closet Out TOTAL Architectural Censultan18ud0els Structural Specifications Mechanical, Plumbing 8 Fire Protection Electrical. Fire Alarm and Lighang Civil {Basic Scope} Weinstein AJU 74.962 104,114 108,278 8229 112,443 8,329 5415.455 BASIC PHASE SUBTOTALS Swenson Say Fade! 15,355 21.370 22.225 1,710 23,050 1,710 Axt 1.406 1,953 2,969 234 1594 156 Greenbuxch 21,501 29,862 31.056 2,389 32,261 2289 Travis Fitamaurice 11.700 16,250 15.900 1.300 17650 1,300 LPO 1.519 2.110 2.194 169 2.279 169 126,473 175,639 153,622 14,131 188,697 14,055 585.480 57,812 5118.448 565,000 58.440. 5702,636 EXTRA SERVICES SUBTOTAL (See folkwdng page for detain REIM BURSABLES ALLOWANCE Reimbursable allowance - Fixed Foe (2g, of Total Fee) WAU SUBTOTAL W/WAV A£ul1oOer 707. 522,829 520,112 TF5 MairCantra tSreeEsiinat4JlAY➢a. is 1 Of 2 140 Rinsed: 718710 Weinstein A+U Tukwila Fire Stations Fee Proposal EXTRA SERVICES SUMMARY (Defined by WA State Fee Schedule) FTEM Brief Description PrMnary Consulia rots Schematic Design Cortstructlan Bidding 4 Contract Ckusa CM Design Develapnen Documents Negotiation AdminisIration TOTAL TOTAL SUBJECT TO MARK - 575 950 ARK- 1 Specialty Consultant - Cnal Engineering 2 Specialty Consultant -Landscape 3 Specialty Consultant - Detected Cost Estimating 4 Specialty Consultant- Fire Slaeon Specialist 944515447 5 Elednsal Extra Services- Paging and Alining Systems LPD SwittCompany Ria Robinson Company TCA Architecture Trans FIGSnatelce 13,6 i 3 18.990 19,750 11,942 20079 22,964 10.500 12,200 3.394 4.714 4,902 377 1,519 1,780 20.509 13,798 1,519 1.810 5.091 777 900 1.250 1,300 100 1.350 100 6 Architectural Extra Services: Basic interior Design WAU 10,000 10.000 8,000 Complex Building CA WAU SEPA Chocklisl Ceordina4wn and Documen7eon WAU 6.000 1.000 Envelope consuilanl coordination 'MAU 500 1.000 1.500 Extra Meetings WAU 3.000 3,000 2,000 10 GC/CM Coordina don: Oral LPD Landscape Swift Company Architectural WAU 1.000 5.000 5,000 Seueturar SSF Eleceical Trews FltrRa4 rice Mechanical Green9usch Fire Station Specialist TCA Cost Eser nadng The Robinson Companl 3,350 3.950 11 Specialty Cons4llanl - Geotechnical Engineering Han Crowser 12 Specialty Oonsullant- Roadway and 515501744ton Ceslgn Will Pacific WALL EXTRA SERVICE TOTAL EXTRA SERVICE PHASE SUBTOTAL SUBTOTAL APPLICABLE TO MUG T7PLIER WAU 7070 Multiplier SUBTOTAL vilWAUMidOplier 20% TFS MairiCUMr45Fee rnal&I LY18. xis 4.966 TBD TBD 100.000 7,035 4,763 11,000 1,500 2,500 6,000 1.650 7.300 575,960 572,379 522,750 516,855 55.000 528,000 5100,000 58,000 53,000 58,000 57,035 54,763 511,000 51,500 52,500 56.000 51,$50 57.300 526.460 54.968 575.950 572 379 522 700 518,555 55.000 57,035 54,763 51,500 52,500 56,000 51.650 57,300 526,480 54,968 5166.000 5413.090 525.709 1 $436,7991 5257.090 204 2 Printed: 718/16 141 142 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA JUSTICE CENTER PROJECT This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and DLR GROUP, INC. ("Architect"). This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated , 201 (the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration. the receipt of which is hereby acknowledged, the parties agree as follows: 1. Compensation. Architect's compensation for the Project shall be increased by a net total of Nine Hundred Fifty -Three Thousand Eight Hundred Thirty Dollars ($953,830). Accordingly, Architect's total compensation for the Project will not exceed Three Million Ninety -Nine Thousand Nine Hundred Fourteen Dollars ($3,099,14), as further described in the Design Services Proposal — Additional Services #1 dated July 2, 2018. which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit A Article 11, shall be revised accordingly. 2. A11 other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as shown below. CITY OF TUKWILA DLR GROUP, INC. Allan Ekberg, Mayor 13y: Printed Name: Title: Attest/Authenticated: Approved as to Form: City Clerk. Christy O'Flaherty Office of the City Attorney AEI -1755489 DOC :1/O5720 0000021 ; 1 143 Exhibit A Please see the attached Design Services Proposal Additional Services #1 dated July 2, 2018 AETI755489 DOC (/05720.000002/ ; 2 144 DLR Group Architecture Engineering Planning Inferiors 51 University Street, Suite 600 Seattle, WA 98101 July 2,2018 Justine Kim Shieis Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #1 Dear Justine: This letter will serve as our proposal for Additional Professional Services for the City of Tukwila Justice Center in Tukwila, WA. The initial scope of services was based on the bond proposal scope of $14.5 million dollars maximum allowable construction cost (MACC) and 45,500 square feet. The MACC provided in the request for proposals equals a cost of $321/sf. The MACC was used in calculations in the Washington State Fee Schedule matrix to determine the initial design services fee. At the outset of the project, DLR Group provided a cost estimate of regional and national police facilities indicating the assumed cost per square foot in the bond was inadequate for the current construction climate. During program verification, the team worked with City of Tukwila to determine the programs and department needs for this facility. This information was provided to our cost estimator to verify the criteria, and confirmed the facility budget needs to be similar to other facilities' MACC. The costs have also been confirmed with the Schematic Design estimates performed by the GC/CM, BNBuilders, and Roen Associates. The MACC is directly used in the fee proposal matrix in the Washington State Fee Schedule. This additional service indicates the adjustment to the design fees associated with this change in budget. This was anticipated by the design team, and reassessing this fee following the estimate was required for our feasibility. These factors may be addressed in subsequent additional services should they be confirmed in our investigations. These include but are not limited to the following: • Hazardous ground contamination • Soil conditions requiring more intensive structural systems • On-site stormwater detention requirements • Poor soil requirements that require significant cut and fill Seattle and locations worldwide 145 Justine Kim July 2, 2018 Page 2 The schematic design estimate has indicated costs for building conditions we have evaluated and shall include in the final design, These items include but are not limited to the following: • Building program components for a 47,200 SF facility • Site conditions based on selected site of Tukwila International Boulevard and 5 150th Street o Site security (fencing) o Covered parking structure (no structured parking) o Site demolition of buildings and structures on the selected site o Site development of the selected site • 18 month construction schedule from March 2019 through Fall 2020. The total Direct Construction Cost (DCC) for these components is $23,225,308 in lieu of $14.6 million from the bond measure, Inputting this factor into the Washington State Fee Schedule modifies the design services fee as follows: Basic Services per State of Washington Fee Guidelines July 2015 Version on a project scope of $28,121,549 (MACC) Schedule 'A' a) Base A&E fee including interiors Additional Services per State of Washington Fee Guidelines b) [COMPLETE] Space Programming and Pre -Design Service $150,000 $ 2,248,830 c) Interior Furnishings, FF&E, U.S, Communities Program $ 54,000 Design & purchasing schedule only - purchasing and installation by Owner d) Cost Estimating Services (PD, SD, DD phases, CD GC/CM reconciliation) $ 49,250 e) Additional On Site CA Phase Representation $ 69,000 (Basic Services includes Bi -monthly. Addition Services would result in weekly) f) Renderings & Models Included g) Security Electronics Systems and Detention Equipment $ 40,000 h) Participation in commissioning program managed by others 5 40,000 i) Civil Engineering Consultant; on site & off site $120,000 j) Landscape Consultant $100,000 k) GC/CM Coordination $ 40,000 146 Justine Kim July 2, 2018 Page 3 Acoustical Design $ 35,000 m) As -built record drawings $ 24,000 n) Value analysis $ 24,000 Subtotal Additional Services $ 745,250 o) DLR Group Reimbursable Costs, Design Printing, Mailing. $ 71,409 Note: Expenses will be billed in lump sum billing p) DLR Group Consultant Markup (10©%) $ 34,425 Note: DLR Group does not require markup on DLR Group integrated design team Services by Others, not included in DLR Group contract scope unless designated otherwise q) Independent Commissioning program (Owner's consultant) r) LEED Certification fee and documentation (Owner project cost) s) Site Survey (Owner project cost) t) Geotechnical survey, design letter and inspections (Owner project cost) u) Testing and balancing (Owner project cost) v) Hazardous Materials study & abatement (Owner project cost) w) Traffic Consultant (Owner project cost) x) Building Envelope Design (Owner project cost) Revised Total Design Services Previous Total Design Services Total Additional Service 01 Additional Services Scope: The additional service for the City of Tukwila Justice Center project described above and inclusive of all direct labor costs, indirect labor costs, and other direct costs incurred by DLR Group and our consultants, is a lump sum amount of nine hundred fifty three thousand eight hundred thirty dollars ($953,830). The fee is derived based on the current Washington State Guidelines for Determining Architect/ Engineer Fees for Public Works Building Projects. As we proceed through Design Development, additional services may be required for site development noted above once the assumptions are proven relevant to the design. During Predesign, SOJ requested additional scope to the cost estimator's services (Roen Associates) and noted an additional service would be warranted. $3,099,914 $ 2,146,084 $ 953,830 147 Justine Kim July 2, 2018 Page 4 Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Senior Associate Encl: Cost Estimate dated 4/27/2018 cc: Erica Loynd Ethan Bernau File 148 Schematic Design Cost Estimate BNBuilders Estimate Adjusted Estimate Existing Building Demolition $ 498,910 $ - Excluded Hazmat (Allowance} $ 500,000 $ - Excluded Justice Center Building $ 17,086,906 $ 17,086,906 Unsuitable Soils (Allowance) $ 500,000 $ - Excluded Contaminated Soils (Allowance) $ 275,000 $ - Excluded Sitework $ 5,666,497 $ 5,666,497 Right-of-Way Improvements $ 471,905 $ 471,905 Direct Construction Cost (DCC) $ 24,999,218 $ 23,225,308 Design/Estimating Contingency _ $ 2,224,519 $ 2,224,519 Escalation $ 1,931,898 $ 1,931,898 Negotiated Support Services $ 1,762,449 $ - Excluded Trade Package Bonds $ 437,335 $ - Excluded MACC Contingency $ 739,824 $ 739,824 Maximum Allowable Construction Cost (MACC) $ 32,095,243 $ 28,121,549 149 ADEN ASSOCIATES - DELTA TO B14B OVER IUNDER), (811,781)1 15. 293.131 1 BNB 8(0E16il 1905 PROJECT JUSTICE CENTER OWNERCITY Of TLRSWIIA ARCHITECT DLR GROUP 1=1 E.nsnp 6ialtling Demalionn IIAZ-IMT AeatenlM (ADmxu.ca) 3 .4 0Ce Censer Burld,ng 4 UnwiNCte Saes. (Alaw4nce) 5 Unnue0Ge 5186.1Rewceco) 6 contamlnet. Soils (Allowance) 7 Sr! aware R+gh007-Wap In•4uovemems B Hard ard°CY 6 °Support Sondes Pronauel dor Realm.. ,n Comp Ekd 'Oriel Canstueeorl Costs (OCC) Deep f Esemalmg Cenarseemy Emma. 5750091116 Support Services. 17455) RCEr.: • P9.E,7ESIGN (12717+1'r) COSTTARIET NOTES 9N8 g(3 ORFIM> 8)..x..7. GSF I$GSF COST VARIANCE 7O COST TARGET OVER 7 IVNOER) Pre -Design Budget Comparision RECONCILED - RNAL 051IMATE TYPE' SD ISSUE DATE' 447817711 VARIANCE TO CO5T 7077105707 7775 uUDER) 4..522,252 $ S. 3.125526 Deer 5umenanes 24.999.218 3 476,9551 SUB PLAN 5 2303.962 From Love 9 SUB PLAN 5 1278.539 From LIM 11 EST DETAIL Trade Package Banos (Sae Sun Pan) None Nolo() %ACC Cool/agency C% -OCC n Dos- Eco • TP) 5 517.445 From Lm 12 [Mannan AO9w491e Conevuceoo Coat (MCC) Contractom Fee OA m MACC • Bid %1 Speo;Sed Gomel Cana/ens (500) 51:3C's for MACC Value s 514.6m 07470 Performer,. & Payment Bone BNB 1n0741.o69 980 Trus Proconsnuceon •^'0101000 1Toa1 Comeue COMB (7CC) neon Stem 50&6 Tax (TYks41a} 000601/04 Mammum Pyre 18&P) 5 par 05R 1 Conamoonl GSE 150 5 32,245.784 5 $ 3.569,310 WSST 39,592,413 TOM seWSST 45,500 SUR PLAN 2.54% 2,224,519 1,931,89E 1,3,449 437,335 739-624 l5 24,167.437 5 (334,515)1 (5901,107) 15 3,141.387 5 (5432,0641 15 2,049,555 $ ,776000 - $485,810 5 3437,335 $ 440.725 (3217,551) 32.395-243 1 (150,541)1 5 00% (A5-010) 804 A0d1 &ACC V41u1 udedwlFso $ 580,891 598064 18,741 314,077) IS 495,461 440,725 87,44 789.980 1 32388,374 5 142,590 1 (582,857). $ (51,248,809) $ 5898.4414_ 5 L3 015,848 $ 417,987 5 13:561 3 3209 5 50,135 1.859,419 I` S (45.200) 1 180.89} 5 (1,248,809) 5 737.884 5 737.864 $ 5 S 14,857 41,580 I7745ed 00 Irdudodw4Foe 00 (SMT u: 5 1009% 5 50 249,655 (510,044) 35,216,980 $ (770,123)1 5,521,568 5 (7,512) 13 (10000) 5 35.569.348 $ (128,755)1 5 02673 38,738,575 5 (853,735) 47,200 1,700 3.554.635 1 $ 13 349.388 ) 142,078) 5 39,122.983 5 1459,421) 47,200 1,240 34,937 364,309 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER FOR TUKWILA FIRE STATIONS 51, 52, AND 54 This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA ("Owner"), and LYDIG CONSTRUCTION ("Contractor"). This First Amendment is an addition to and modifies the AIA Document M33-2009 Standard Form of Agreement Between Owner and Construction Manager for the Tukwila Fire Stations 51, 52, and 54, dated , 20_, and the AIA Document A201-2007 General Conditions or the Contract for Construction (collectively, the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Deletion of Fire Station 54 from the Project. The Project. as defined in AIA Document A133 and in Section 1.1.4 of AIA Document A201 is revised to exclude any work related to Fire Station 54. For the sake of clarity, this means Fire Station 54 will no longer be part of the Project and the Contractor will provide no Work for Fire Station 54. 2. A133, Section 2.3.11.2. Section 2.3.11.2 of AIA Document A133 is modified as shown below, with the deleted language interlineated (inter-1-neated) and the additional language underlined: The parties recognize that the cost to Owner of any such delay to Substantial Completion or Physical Completion is difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Substantial Completion or Physical Completion of any Fire Station (as defined in A201 1.1.4) by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Substantial Completion or Physical Completion and Final Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of 52,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement dames. The liquidated damages sum shall apply separately to each Fire Station phase so that if, for example, both Fire Station 51 and Fire Station 52 twe-uses are delayed, the liquidated damages would be 54,000 per day for each day both Fire Stations phases are delayed. The parties agree that the liquidated damages amount is a reasonable estimate of actual damages and not a penalty. tAET1753794.DOC;3/05720.000001/ 151 3. A201, Section 3.9. Section 3.9 of AIA Document A201 and its subparts are modified as shown below, with the additional language underlined: § 3.9 SUPERINTENDENT AND PROJECT MANAGER § 3.9.1 The Contractor shall employ a competent superintendent and project manager and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent and project manager shall represent the Contractor, and communications given to the superintendent or project manager shall be as binding as if given to the Contractor. As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent of the Owner for such substitution as provided in the Agreement. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications ofa proposed superintendent and project manager. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or project manager or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent or project manager to whore the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent or project manager without the Owner's consent, which shall not unreasonably be withheld or delayed. 4. A201. Section 6.1.3. Section 6.1.3 of AIA Document A201 is modified as shown below, with the deleted language interlineated (:nte�ed) and the additional language underlined: § 6.1.3 The Contractor shall be responsible for coordinating, receiving delivery. and installing all Owner pre -purchased items where such items have been identified in the Contract Documents. 5. A201. Section 11.3.7 Waivers of Subrogation. Section 11.3.7 of AIA Document A201 is modified as shown below, with the deleted language interlineated (;•-'ate) and the additional language underlined the additional language underlined: § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (l) each other and any of their subcontractors. sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner in good faith. The Owner or Contractor, as appropriate, {AET1753794.D©C;3/05720.000001/ } 2 152 shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 6. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates shown below. CITY OF TUKWILA LYDIG CONSTRUCTION OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) (AET1753794.DOC,3/05720.000001/ } 3 153 154 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER FOR TUKWILA JUSTICE CENTER This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA ("Owner"), and BNBUILDERS, INC. ("Contractor"). This First Amendment is an addition to and modifies the AIA Document A133-2009 Standard Form of Agreement Between Owner and Construction Manager for the Tukwila Justice Center, dated , 20 , and the AIA Document A201- 2007 General Conditions of the Contract for Construction (collectively, the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. A133, Section 2.3.11.2. Section 2.3.11.2 of AIA Document A133 is modified as shown below, with the deleted language interlincated (interlineated) and the additional language underlined: the Owner to incur unwarranted expense. The parties recognize that the cost to Owner of any such delay to Substantial Completion or Physical Completion is difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Substantial Completion or Physical Completion by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Substantial Completion or Physical Completion and Final Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of $2,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement and bring action, including without limitation for breach of contract seeking actual damages. liquidated damages amoun The parties agree that the s a reasonable estimate of actual damages and not a penalty. 2. A201, Section 3.9. Section 3.9 of AIA Document A201 and its subparts are modified as shown below, with the additional language underlined: § 3.9 SUPERINTENDENT AND PROJECT MANAGER § 3.9.1 The Contractor shall employ a competent superintendent and project manager and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent and project manager shall represent the Contractor, and AET1754853.DOC;1/05720,0000021 ; 1 155 communications given to the superintendent or project manager shall be as binding as if given to the Contractor. As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent ofthe Owner for such substitution as provided in the Agreement. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent and project manager. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or project manager or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent or project manager to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent or project manager without the Owner's consent. which shall not unreasonably be withheld or delayed. 3. A201. Section 6.1.3. Section 6.1.3 of AIA Document A201 is modified as shown below, with the deleted language interlineated (inter ) and the additional language underlined: § 6.1.3 The Contractor shall be responsible for coordinating, receiving delivery, and installing all Owner pre -purchased items where such items have been identified in the Contract Documents. 4. A201, Section 11.3.7 Waivers of Subrogation. Section 11.3.7 of AIA Document A201 is modified as shown below, with the deleted language interlineated (interlineated) and the additional language underlined the additional language underlined: § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees. each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner in good faith. The Owner or Contractor, as appropriate, shall require ofthe Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements. written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in { AET 1754853.DOC;1 /05720.000002/ } 2 156 the property damaged. 5. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates shown below. CITY OF TUKWILA BNBUILOERS, INC. OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) { AET 1754853 DOC;1 /0572a.00OOO2I } 3 157 158 CITY OF TUKWILA Public Safety Plan Justice Center Conceptual Budget Summary YOE $ (in thousands) FUNDING SOURCE - Based on Initial Project Costs YEAR 11/16/2017 OF EXPENDITURE UTGO (voter- approved) (YOE) Impact Fees SUMMARY General Fund Enterprise Funds 2,292,714 TOTAL Fire Stations 18,824 4,750 858 - 24,432 Justice Center 28,629 - - - 28,629 Public Works Shop - - 14,747 14,746 29,493 Facilities Total 47,453 4,750 1 15,605 14,746 82,554 Fire Apparatus/Equipment 29,932 - - - 29,932 Public Safety Plan Total $ 77,385 $ 4,750 $ 15,605 $ 14,746 $ 112,486 PROJECT COSTS Justice Center Program - INITIAL BUDGET ESTIMATE Project Category Justice Center AjE Services (both design & CA) 2,292,714 Permits/Fees 439,890 Construction for Building (pre -con, const, tax) 16,532,615 Construction for Site Development - Construction Related Costs (incl bond) 1,034,797 PM Services (incl other prof svcs) 1,269,789 Contingency (incl Construction & Proj) 1,059,195 Land Acquisition 6,000,000 TOTAL 28,629,000 Justice Center - BUDGET ESTIMATE (Sche atic Design, May 2018) Project Category Justice Center FUNDING GAP A/E Services (both design & CA) 3,500,000 1,207,286 Permits/Fees 700,000 260,110 Construction for Building (pre -con, const, tax) 26,477,794 9,945,179 Construction for Site Development (incl ROW) 12,260,884 12,260,884 Construction Related Costs (incl bond) 2,112,639 1,077,842 PM Services (incl other prof svcs) 1,594,000 324,211 Contingency (incl Construction & Project) 5,757,731 4,698,536 Contingency for Site Contamination (soils, hazmat) 750,000 750,000 SUBTOTAL 53,153,048 30,524,048 Land Acquisition 14,133,295 8,133,295 Contingency for Land Acquisition 1,250,000 1,250,000 TOTAL 68,536,343 39,907,343 159 160 PROJECT COSTS CITY OF TUKWILA Public Safety Plan Fire Stations - 51, 52 and expended cost for 54 Schematic Design Budget Summary YOE $ (in thousands) 7/23/2018 _ - - Fire Station Program - INITIAL BU ► x (Bond B '_ REVISED BUDGET FS51 1 11,933 sf FS51 Project Category 17,950 sf FS 52 6,567 sf FS 54 8,228 sf TOTAL 32,745 sf A/E Services (both design & CA) 731 356 464 1,551 Land Acquisition- Land Acquisition 653 862 1,515 Permits/Fees 255 89 116 460 Construction (pre -con, const, tax) 7,809 3,278 4,273 15,360 Construction Related Costs (incl bond) 1,047 438 551 2,036 PM Services (incl other prof svcs) 460 297 397 1,154 Contingency (incl Construction & Proj) 1,145 546 665 2,356 TOTAL $ 11,446 $ 5,657 $ 7,329 $ 24,432 Fire Station Schematic Design - Project Category REVISED BUDGET FS51 1 11,933 sf ESTIMATE FS 521 15,068 sf (1/22/18) FS 54 11933 sf TOTAL 38,934 sf FUNDING GAP 1,595 A/E Services (both design & CA) 899 1,244 1,003 3,146 Land Acquisition - - 854 854 (661) Permits/Fees 234 353 262 849 390 Construction (pre -con, const, tax) 8,956 12,677 9,935 31,568 16,208 Construction Related Costs (incl bond) 931 1,398 1,039 3,367 1,331 PM Services (incl other prof svcs) 426 687 476 1,589 435 Contingency (incl Construction & Proj) 1,062 1,294 1,185 3,541 1,185 TOTAL $ 12,509 $ 17,652 $ 14,753 $ 44,914 TOTAL 1 The main fire station was originally identified as FS51, but has been changed to FS52 in the revised estimate. 2 FS 54 budget includes costs spent to date plus estimated costs to assess the scope of rehabilitation - ire Station Schematic Design - REVISED BUDGET FS51 1 11,933 sf fa%i8) Project Category FS 521 15,068 sf FS 54 5,398 sf existing TOTAL 32,399 sf FUNDING GAP A/E Services (both design & CA) 1,070 1,415 150 2,635 1,084 Land Acquisition - - 902 902 (613) Permits/Fees 234 353 20 608 148 Construction (pre -con, const, tax) 9,396 13,298 230 22,925 7,564 Construction Related Costs (incl bond) 931 1,398 50 2,379 343 PM Services (incl other prof svcs) 526 787 100 1,413 259 Contingency (incl Construction & Proj) 1,115 1,358 50 2,523 167 TOTAL $ 13,273 $ 18,610 $ 1,502 $ 33,384 $ 8,953 C:\Users\JustineK\OneDrive - SOJ\Current Projects\Tukwila\Fire Stations\Budgets\Budget Summary\PSP Funding and Costs - Fire Stations 51 and 52.xlsx, 1.22.18 - HIGH 161 162 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes July 16, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: Jay Wittwer, Bruce Linton, David Cline, Rachel Bianchi, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Steve Goldblatt, Public Safety Plan Program Management Quality Assurance Consultant CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. 2018 1st and 2nd Quarter Police Department Report Chief Linton updated the Committee on items of interest in the 1st and 2nd Quarters, including staffing, recognitions, community outreach, significant operations and events, and crime statistics. Councilmembers asked clarifying questions. DISCUSSION ONLY. B. Contract Amendments: Public Safety Plan Staff is seeking amendments to Public Safety Plan contracts that will bring them in alignment *with the project budgets in the modified Public Safety Plan approved by Council in June. The option selected by the City Council removes Station 54 and keeps Public Works at the original $30M budget. Project management and architectural services are based proportionally on construction costs, so the amendments will take care of the additional fees for these services and will not add additional costs to the revised Public Safety Plan. The originally approved contracts were based on the budget estimates included in the bond measure. The schematic design process has resulted in more realistic project numbers so the contracts are ready to be trued up. The requested amendments are as follows: • Increase by $492,898 for project management services from Shiels Obletz Johnsen • Increase by $395,537 for fire station architecture and engineering services from Weinstein A+U • Increase by $953,830 for Justice Center architecture and engineering services from DLR Group • Remove reference to Station 54 from the Lydig Construction GC/CM contract and modify language to better reflect mutual intent • Modify language to better reflect mutual intent with BNBuilders GC/CM contract 163 Public Safety Committee Minutes July 16, 2018 Committee members discussed the amendments, focusing on the unknown costs of retrofitting Station 54. Mr. Goldblatt stated that preliminary work is planned to assess the condition of 54 and more information will be presented to Council later. The Committee requested that the revised budgets for the Justice Center and fire stations be included in the packet. Councilmember Robertson also asked for detail on types and locations of calls by fire station. UNANIMOUS APPROVAL. FORWARD TO JULY 23, 2018 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Adjourned 6:40 p.m. Committee Chair Approval Summary by LH 164