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HomeMy WebLinkAboutPS 2019-03-04 Item 2A - Public Safety Plan - Contract Amendment for Justice Center Construction with BNBuilders (Mini-Maximum Allowable Construction Cost)City of Tukwila Allan Ekberg, Mayor Administrative Services Department- Rachel Bianchi, Deputy CityAdministrator INFORMATIONAL MEMORANDUM TO: Public Safety Committee CC: Mayor Allan Ekberg FROM: Rachel Bianchi, Deputy City Administrator DATE: February 27, 2018 SUBJECT: Justice Center "Mini-MACC" ISSUE The Council is being asked to allow the Mayor to execute a contract amendment with BNBuilders to increase it by $10,894,458 for the initial construction phase of the Justice Center. This amount is within the existing budget and does not require additional appropriation. BACKGROUND As a part of the Public Safety Plan, the City has been working on the construction of a new Justice Center to house the Police Department, Municipal Court and Emergency Operations Center. Early on, the City chose to use the General Contractor/Construction Management (GCCM), which allows the contractor to join the project early in the design process and inform the City and architects of cost impacts associated with design. City staff have found this to be a very productive delivery model, which has resulted in multiple steps of estimating and checking the budget in real time as decisions are made. The City has an existing contract with BNBuilders for $512,428, which includes pre -construction services and demolition/abatement of the former Saraha restaurant and Travelodge buildings. As a part of the GCCM process, projects develop a MACC, or Maximum Allowable Construction Cost. In the case of the Justice Center, the project is being split into two MACCs to maximize efficiencies and maintain the project schedule. This is common in similar projects and allows the early work to be completed while other project tasks are finishing up. The "mini-MACC" for the Justice Center includes demolition and abatement of the remaining buildings on the Justice Center site, foundations/structure and waterproofing, and earthwork and utilities. BNBuilders developed bid packages on these three services for competitive bidding per State law. Bid packages were advertised and BNBuilders worked to promote the packages to encourage a high number of bidders, which usually results in a better price for the owner. The project team is pleased to share that this mini- MACC is under budget by $843,003. It should be noted that there are some significant bid packages coming in the final MACC scheduled to go Tukwila City Han • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov before Council later this Spring that could eat into these savings, but the City isinagood position atthis time with the Justice Center's budget. An allowance is being added for shoring and contaminated groundwater, which will only be utilized ifneeded. This will allow the GCCK8tomove quickly should there be anunforeseen event requiring shoring 0rgroundwater abatement; without this allowance work would have tostop and the team would need tnnegotiate oChange Order prior to addressing the issue, which could be more costly. An additional allowance is set aside for elevator, fire pntection, mechanical and electrical Shop Drawings and Engineering services that are needed inadvance of theCounoi|'e review of the final MACC, which the rest of the construction cost. This is oonnnnon practice so that shop drawings can be developed prior to additional subcontractor contracts are issued, saving the project schedule over a month by having some limited scope of early work occur. Below is atable of the projectestimate, final bid amounts and variance for this nnini-MACC. The lightly shaded items indicate items that are already a part of the existing GCC&1 contract and are formula -driven and tied tothe overall construction costs. Negotiated Support Services includes services such as security and fencing, which are the contractor's responsibility, and the MACC contingency ieset at2.596of the total construction cost. Both the Contractor's fee and the Specified General conditions, which covers the contractor's personnel costs, were apart ofthe original RFIP process when the City selected the GCCM for the Justice Center. Justice Center Nqini-NACC Overview Service Estimate Final Bids Variance Demolition &Abatement $910.582 $182.985 ($717.587) Foundation/Structure8Nateqproofing $4.301.047 $4'288.300 ($12.747) Earthwork and Utilities $5.067.078 $4.874.410 ($182.669) AUowanne-ShohnQ $50.000 $50.000 A||owanma—ConhaminatedGroundVVaber $20.000 $20.000 Allowance — E|evotor, Fire Protection, ' Mechanical, Electrical $25OOOO ' 25OOOO ' Negotiated Support Services« `.. r . ^ MAdC Contingency, ' GCCM Fee PhVne:2O6'433-l8O0 + EnlaiLk4ayor@/Tukxv[aVVA.gox + VVebsite:TukwibAWA,gnx phase of work. The City has budgeted $38,738,678 for the construction only portion of the Justice Center; this mini-MACC is within the existing budget approved by the Council and is less than expected by more than $840,00. RECOMMENDATION This information is being provided for a foundational discussion and a recommendation will be presented at the March 18, 2019 Public Safety Committee meeting. ATTACHMENTS -AIA Contract between the City and BNBuilders -Public Safety Plan Budget Phone: 206-433-1800 • Email: MayorgrukwilaWA.gov • Website: TukwilaWA.gov 3 4 Init. Document AI33TM - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Tukwila Justice Center Tukwila WA This Amendment is for the following bid package scopes only: 02.41 Demolition & Abatement; 03.00 Foundations/Structures/Waterproofing; 31.00 Earthwork & Utilities THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE CONSTRUCTION MANAGER: (Name, legal status and address) BNBuilders, Inc. 2601 Fourth Ave Suite 350 Seattle, WA 98121 ARTICLE A.1 § A.1.1 Total Contract Cost Pursuant to Section 2.2 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Maximum Allowable Construction Cost (MACC), Total Contract Cost (TCC) and terms governing a specified scope of work related to (a) the following bid packages at the Justice Center: 02.41 Demo & Abatement; 03.00 Foundations/Structures/Waterproofing; 31.00 Earthwork & Utilities; (b) a limited notice to proceed for engineering and submittals and shop drawings for long lead items including elevators, fire protection, mechanical, and electrical; and (c) providing an allowance for shoring work in areas of contaminated soils excavation and disposal of contaminated groundwater (collectively, the "Fourth Amendment Scope"), The Work required by the Fourth Amendment Scope is further described in the BNBuilders Bid Packages, which are identified in Exhibit A and incorporated herein by this reference. As agreed by the Owner and Construction Manager, the Total Contract Cost is an amount that the Contract Sum shall not exceed. The Total Contract Cost consists of the MACC (including the Construction Cost, Negotiated Support Services, and MACC Contingency); the Fixed Fee; the Fixed Amount for Specified General Conditions work; and applicable Washington State sales tax (although the TCC for this Fourth Amendment does not include WSST). § A.1.1.1 The Total Contract Cost for the Fourth Amendment Scope, excluding Washington State Sales Tax, is guaranteed by the Construction Manager not to exceed Ten Million Eight Hundred Ninety -Four Thousand Four Hundred Fifty -Eight Dollars ($ 10,894,458 ), ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 Tm-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133' — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Alic0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:55 ET on 02/25/2019 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (961234549) 1 5 Init. subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Total Contract Cost. Provided below is an itemized statement of the Fourth Amendment Scope organized by its component parts: (Paragrap Specified General Conditions $248,633 Maximum Allowable Construction Contract (MACC) Construction Total* $9,675,705 Negotiated Support Services (NSS) $221,283 MACC Contingency @ 2.5% $241,893 GC/CM Fixed Fee @ 5% (Fee is not allowed on the Specified General Conditions, or Preconstruction Allowance) $506,944 TOTAL CONTRACT COST (Excluding WSST) $10,894,458 *Breakdown of Construction Total 02.41 Demo & Abatement $192,995 03.00 Foundations/Structures/Waterproofing $4,288,300 31.00 Earthwork & Utilities $4,874,410 Authorization for Limited NTPs for Submittals/Engineering $250,000 Allowance for Shoring and Contaminated Groundwater $70,000 Direct Construction Cost Total $9,675,705 § A.1.1.2.1 The Preconstruction Services NTE Limit, as previously agreed to by the parties, is: To be stated in the GMP Amendment for the full scope of the Work. § A.1.1.3 The Total Contract Cost for the Fourth Amendment Scope is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount fir each and the date when the amount expires.) Not applicable. § A.1.1.4 Allowances included in the Total Contract Cost, if any: (identify allowance and state exclusions, if any, from the allowance price.) As shown in the Bid Documents and Addenda 1 through 2 (if any), and as follows: Item Price ($0.00) Temporary shoring where required by $70,000 contaminated soils excavation and disposal of contaminated groundwater according to applicable government requirements §A.1.1.5 Assumptions, if any, on which the Total Contract Cost is based: Not applicable. § A.1.1.6 The Total Contract Cost is based upon the following General Conditions: AIA Document A133-"" — 2009 Exhibit A. Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. IAIARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:55 ET on 02/25/2019 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (961234549) 6 Init. AIA Document A201 2007, General Conditions of the Contract for Construction, as modified (Table deleted) § A.1.1.7 The Total Contract Cost is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement) Volumes 1 through 3 issued by DLR Group dated 1/21/19, plus Addenda 1 through 2. Section See above Title Date Pages § A.1.1.8 The Total Contract Cost is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Volumes 1 through 3 issued by DLR Group dated 1/21/19, plus Addenda 1 through 2. Number Title Date See above § A.1.1.9 The Total Contract Cost is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) Bid Package 02.41: Demolition & Abatement and Topographical Survey (see Exhibit A) Bid Package 03.00: Foundations/Structures/Waterproofing (see Exhibit A) Bid Package 31.00: Earthwork & Utilities (see Exhibit A) Addendum #1 dated 2/8/19 Addendum #2 dated 2/19/19 ARTICLE A.2 § A.2.1 Substantial Completion Dates The required date for Substantial Completion of the Fourth Amendment Scope established by this Amendment: Not applicable. The expected completion date for the Fourth Amendment Scope is November 8, 2019, but this is not a trigger date for liquidated damages. The currently anticipated Substantial Completion date for the entire project is September 29, 2020. § A.2.2 Physical Completion Dates The required date for Physical Completion of the Fourth Amendment Scope established by this Amendment: Not applicable. § A.2.3 Final Completion Dates The required date for Final Completion of the Fourth Amendment Scope established by this Amendment: Not applicable. § A.2.4 Construction Schedule See Addendum #2 dated 2/19/19. ARTICLE A,3 Key Personnel The following named key personnel shall remain assigned for the duration of the Project unless otherwise agreed to in writing by Owner: Project Manager: Geri Urbas Project Superintendent: Tim Waters AIA Document A133T" — 2009 Exhibit A. Copyright 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA2 Document is protected by U.S. Copyright Law and International Treaties. Unauthori-zed reproduction or distribution of this AIA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law. This document was produced by AIA software at 17:42:55 ET on 02/25/2019 under Order No.2264341377 which expires on 08/30/2019, and is not for resale, User Notes: (961234549) 7 Init. Project Engineer: JeffClark ARTICLE A.4 Contract Summary Effective Date Document Description Total Contract Cost (excl. WSST) Original Contract Preconstruction Services NTE $240,000 8/7/18 Amend, No. 1 Revises language in the Agreement at A133 Section 2.3,11.2 and A201 Section 3.90 n/a 8/7/18 Amend. No. 2 Adds JC-9 Early Abatement and Demolition Scope $122,337 Amend. No. 3 Adds JC-8 Early Abatement and Demolition Scope $150,091 Amend. No. 4 Adds Bid Packages 02.41 Demo & Abatement; 03.00 Foundations/Structures/Waterproofing; 31.00 Earthwork & Utilities; authorizes limited NTP for submittals and engineering and icnludes allowance for shoring and contamninated groundwater $10,894,458 Total Contract Cost Released to date (awl. WSST) $11,406,886 OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER (Signature) (Primed name and title) AIA Document A133T" — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA') Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:55 ET on 02/25/2019 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (961234549) 8 EXHIBIT A Bid Package Description Date Issued 02.41 Demolition & Abatement 1/31/19 02.41 Demolition & Abatement Topographical Survey 12/5/18 (Topo Update) 03,00 Foundations/Structures/Waterproofing 2/1/19 31.00 Earthwork & Utilities 1/31/19 {AET1870044.DOCX;1/05720.000002/ 9 10 City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs hru Feb 15, 2019 GL) as of February 25, 2019 (reconciled w/acc COUNCIL REPORTING SUMMARY - JUSTICE CENTER Original Budget Budget Transfers Current Budget Committed Budget Life to Date Cost Remising Commited Remaining Budget Cost at Completion AIE Services (both Design & CA) $ 3,278,125 $ 221,875 $ 3,500,000 $ 3,141,729 $ 1,990,300 $ 1,151,429 $ 358,271 $ PermitslFees $ 700,000 $ - $ 700,000 $ 111,317 $ 111,317 $ - $ 588,683 $ - Construction (Pre -Con, Const &Tax) $ 38,738,678 $ (11,315) $ 38,727,363 $ 563,671 $ 359,311 $ 204,360 $ 38,163,692 $ - Construction Related Costs (incl Bond) $ 2,112,639 $ 170,000 $ 2,282,639 $ 562,398 $ 245,520 $ 316,878 $ 1,720,241 $ - PM Services (incl Other Professional Svcs) $ 1,815,875 $ 296,721 $ 2,112,596 $ 1,967,303 $ 907,835 $ 1,059,468 $ 145,293 $ - Contingency (mcl Construction & Project) $ 6,507,731 $ (1,646,239) $ 4,861,492 $ - $ - $ - $ 4,861,492 $ - Contingency for Site Contamination (soils,hazmat) Land Acquisition $ - $ 14,133,295 $ 750,000 $ (81,042) $ 750,000 $ 14,052,253 $ - $ 13,708,596 $ - $ 13,679,370 $ - $ 29,227 $ 750,000 $ 343,657 $ $ - Contingency for Land Acquisition $ 1,250,000 $ 300,000 $ 1,550,000 $ 898,962 $ 898,962 $ - $ 651,038 $ - TOTAL $ 68,536,343 $ - $ 68,536,343 $ 20,953,976 $ 18,192,614 $ 2,761,361 $ 47,582,367 $ - COUNCIL REPORTING SUMMARY - FIRE STATION 51 originalBndget Budget Transf rs CurrentBudget commitred Budget Lf to Dare Cost Remaingcommi¢ed RemniningBndget Costat completion AIE Services (both Design & CA) $ 1,070,000 $ 222,781 $ 1,292,781 $ 1,236,572 $ 776,125 $ 460,447 $ 56,209 $ Land Acquisition $ - $ - $ - $ - $ - $ - $ - $ PermitslFees $ 234,000 $ - $ 234,000 $ 44,557 $ 34,557 $ 10,000 $ 189,443 $ - Construction (Pre -Con, Const & Tax) $ 9,396,000 $ - $ 9,396,000 $ 165,000 $ 99,273 $ 65,727 $ 9,231,000 $ - Construction Related Costs (mcl Bond) $ 931,000 $ - $ 931,000 $ 163,241 $ 80,776 $ 82,464 $ 767,759 $ - PM Services (incl Other Professional Svcs) $ 526,000 $ - $ 526,000 $ 344,681 $ 127,981 $ 216,700 $ 181,319 $ - Contingency (mcl Construction & Project) $ 1,116,000 $ (222,781) $ 893,219 $ - $ - $ - $ 893,219 $ - TOTAL $ 13,273,000 $ - $ 13,273,000 $ 1,954,050 $ 1,118,712 $ 835,338 $ 11,318,950 $ COUNCIL REPORTING SUMMARY - FIRE STATION 52 Original Budget Budget Transfers Current Budget Committed Budget Life to Date Cost Remising Commited Remaining Budget Cost at completion AIE Services (both Design & CA) Land Acquisition $ 1,415,000 $ 16,000 $ 234,222 $ 9,160 $ 1,649,222 $ 25,160 $ 1,548,449 $ 25,157 $ 339,878 $ 17,157 $ 1,208,571 $ 8,000 $ 100,773 $ 3 $ $ - PermitslFees $ 353,000 $ - $ 353,000 $ 60,177 $ - $ 60,177 $ 292,823 $ - Construction (Pre -Con, Const &Tax) $ 13,298,000 $ 456,500 $ 13,754,500 $ 137,500 $ - $ 137,500 $ 13,617,000 $ - Construction Related Costs (mcl Bond) $ 1,398,000 $ (9,160) $ 1,388,840 $ 393,815 $ 16,258 $ 377,557 $ 995,025 $ - PM Services (incl Other Professional Svcs) $ 787,000 $ - $ 787,000 $ 532,289 $ 198,348 $ 333,941 $ 254,711 $ - Contingency (mcl Construction & Project) $ 1,343,000 $ (40,722) $ 1,302,278 $ - $ - $ - $ 1,302,278 $ - TOTAL $ 18,610,000 $ 650,000 $ 19,260,000 $ 2,697,387 $ 571,640 $ 2,125,746 $ 16,562,613 $ - COUNCIL REPORTING SUMMARY - FIRE STATION originalBndget Budget Transf rs CurrentBudget commitred Budget Lf to Dare Cost Remaingcommi¢ed RemniningBndget Costat completion AIE Services (both Design & CA) Land Acquisition $ 150,000 $ 902,668 $ (7,000) $ 33,596 $ 143,000 $ 936,264 $ 132,995 $ 936,265 $ 131,495 $ 928,165 $ 1,500 $ 8,100 $ 10,005 $ (I) $ $ - PermitslFees $ 20,000 $ - $ 20,000 $ 1,517 $ 1,517 $ - $ 18,483 $ - Construction (Pre -Con, Const & Tax) $ 230,000 $ - $ 230,000 $ 106,700 $ 67,856 $ 38,844 $ 123,300 $ - Construction Related Costs (mcl Bond) $ 50,000 $ 1,875 $ 51,875 $ 33,802 $ 22,798 $ 11,004 $ 18,073 $ - PM Services (incl Other Professional Svcs) $ 107,500 $ - $ 107,500 $ 106,665 $ 86,066 $ 20,599 $ 835 $ - Contingency (mcl Construction & Project) $ 41,832 $ (28,471) $ 13,361 $ - $ - $ - $ 13,361 $ - TOTAL $ 1,502,000 $ - $ 1,502,000 $ 1,317,944 $ 1,237,897 $ 80,047 $ 184,056 $ COUNCIL REPORTING SUDIDLARY- PUBLIC WORKS Original Budget Budget Transfers CurrentBudget Committed Budget Life to Date Cost RemningCommi¢ed RemniningBudget cost at completion AIE Services (both Design & CA) $ 767,385 $ 15,000 $ 782,385 $ 318,882 $ 65,640 $ 253,241 $ 463,503 $ Land Acquisition $ 22,000,046 $ 3,386,413 $ 25,386,459 $ 25,358,693 $ 25,344,993 $ 13,700 $ 27,766 $ - PermitslFees $ 110,000 $ (20,000) $ 90,000 $ - $ - $ - $ 90,000 $ - Construction (Pre -Con, Const &Tax) $ 4,950,000 $ (1,895,000) $ 3,055,000 $ - $ - $ - $ 3,055,000 $ - Construction Related Costs (mcl Bond) PM Services (incl Other Professional Svcs) $ 529,036 $ 668,426 $ (416,293) $ (348,426) $ 112,743 $ 320,000 $ 65,643 $ 279,832 $ 50,471 $ 135,215 $ 15,172 $ 144,617 $ 47,100 $ 40,168 $ $ - "'� Contingency (mcl Construction & Project) $ 975,107 $ (721,694) $ 253,413 $ - $ - $ - $ 253,413 $ - "'�' TOTAL $ 30,000,000 $ - $ 30,000,000 $ 26,023,050 $ 25,596,319 $ 426,731 $ 3,976,950 $