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HomeMy WebLinkAboutPS 2019-03-18 Item 2A - Public Safety Plan - Justice Center Contract with BNBuilders / Mini-MACC (Maximum Allowable Construction Cost)ity it Administrative Services Department- Rachel Bianchi, Deputy CityAdministrator INFORMATIONAL MEMORANDUM TO: Public Safety Committee CC: Mayor Allan Ekberg FROM: Rachel Bianchi, Deputy City Administrator DATE: January 11, 2018 - Updated March 13, 2019 SUBJECT: Justice Center "Mini-MACC" Allan Ekberg, Mayor 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 $563,671, 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. In addition, from the time of the original memo, staff realized there is another $147,525 in soft cost savings associated with the subcontractor savings found in the mini-MACC. The total mini-MACC savings is $990,528. It should be noted that there are some significant bid packages coming in Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov the final MACC scheduled to go before Council later this Spring that could eat into these savings, but the City is in a good position at this time with the Justice Center's budget. An allowance is being added for shoring and contaminated groundwater, which will only be utilized if needed. This will allow the GCCM to move quickly should there be an unforeseen event requiring shoring or groundwater abatement; without this allowance work would have to stop and the team would need to negotiate a Change Order prior to addressing the issue, which could be more costly. An additional allowance is set aside for elevator, fire protection, mechanical and electrical Shop Drawings and Engineering services that are needed in advance of the Council's review of the final MACC, which the rest of the construction cost. This is common 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 a table of the project estimate, final bid amounts and variance for this mini-MACC. The lightly shaded items indicate items that are already a part of the existing GCCM contract and are formula -driven and tied to the overall construction costs. Negotiated Support Services includes services such as security and fencing, which are the contractor's responsibility, and the MACC contingency is set at 2.5% of the total construction cost. Both the Contractor's fee and the Specified General Conditions, which covers the contractor's personnel costs, were a part of the original RFP process when the City selected the GCCM for the Justice Center. Justice Center Mini-MACC Overview Service Estimate Final Bids Variance Demolition & Abatement $910,582 $192,995 ($717,587) Foundation/Structure/Waterproofing $4,301,047 $4,288,300 ($12,747) Earthwork and Utilities $5,057,079 $4,874,410 ($182,669) Allowance - Shoring $50,000 $50,000 Allowance — Contaminated Ground Water $20,000 $20,000 Allowance — Elevator, Fire Protection, Mechanical, Electrical Shop Drawings $250,000 Negotiated Support Services $221,283 MACC Contingency $241,893 GCCM Fee $506,944 Specified General Conditions $248,633 Total Mini-MACC $10,894,458 This total does not include Washington State Sales Tax, typically not included in such a contract, which would be an additional $1,089,446, making the Total Construction Cost (TCC), $11,983,904 for this first Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 2 phase of work. The City has budgeted $38,727,363 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 $990,000. RECOMMENDATION The Council is being asked to provide the Mayor the authority for the following: •To sign a contract with BNBuilders for $10,894,458 for the initial construction phase of the Justice Center. •To spend $1,089,446 in sales tax associated with the contract discussed above. •To spend, if needed, the project's contingency for change orders, budgeted at 10% of the total construction cost, or up to $1,089,446. Steve Goldblatt, the Council's Project Management Quality Assurance consultant has reviewed the project status and agrees with this recommendation. ATTACHMENTS AIA Contract between the City and BNBuilders Public Safety Plan Budget Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 3 4 Init. tAIA Document A133TM - 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 W SST), § 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 TA4-2007, 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 A1331" — 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) 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: (State 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 for 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 A133TM 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) 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 A133T1 — 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) 3 7 Init. Project Engineer: Jeff Clark 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 (excl. WSST) $11,406,886 OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER (Signature) (Printed name and title) AIA Document A133TM — 2009 Exhibit A. Copyright CO 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 ally 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 as of Febr la 25, 2019 (reconciled n /acctg dint Feb 15, 2019 GL COUNCIL REPIRT/GSG 1114RY- JUSTICEA/E Ors 01,0lludRet iIgetTrans Ien Current Budget Cmmi#MJtluage 14Ieto Dare Coos Rennin's: Cnnunined Remaining Budget Cost at Completion Services (both Design& CA) S 3,278,125 $ 221,875 $ 3,500,000 $ 3,141,729 S 1,990,300 S 1,151,429 $ 358,271 $ - Permits/Fees $ 700,000 $ - 5 700,000 $ 111,317 S 111,317 S - $ 588,683 S - Construction (Pre -Con, Const & Tax) S 38,738,678 $ (11,315) S 38,727,363 $ 563,671 S 359,311 S 204,360 $ 38,163,692 S - Construction Related Costs (Intl Bond) $ 2,112,639 $ 170,000 $ 2,282,639 S 562,398 S 245,520 $ 316,878 $ 1,720,241 $ - PM Services (incl Other Professional Svcs) $ 1,815,875 $ 296,721 S 2,112,596 $ 1,967,3'03 $ 907,835 $ 1,059,468 S 145,293 $ - Contingency (incl Construction & Project) $ 6,507,731 S (1,646,239) $ 4,861,492 $ - S - S - S 4,861,492 $ - Contingency for Site Contamination (soils,hazmat) S - $ 750,000 $ 750,000 S - S - $ - S 750,000 $ - Land Acquisition S 14,133,295 $ (81,042) $ 14,052,253 S 13,708,596 $ 13,679,370 $ 29,227 S 343,657 S ' Contingency for Land Acquisition S 1,250,000 $ 300,000 $ 1,550,000 $ 898,962 S 898,962 S - 5 651,038 S - _ ., TOTAL `� d S 68,536,343 S - $ 68,536,343 S 20,953,976 S 18,192,614 S 2,761,361 $ 47,582,367 $ - COUNCIL REPORTING SUMMARY - FIRE STATION 51 Original Budget Budget Transfers Current Budget CanmJnedlh,Jget Life to Date Costs Remain sCommitted Remaining Budget Cost ut Completion A/E Services (both Design & CA) Land Acquisition S 1,070,000 $ - $ 222,781 $ - S 1,292,781 S - S 1,236,572 $ - S 776,125 S - S 460,447 S - $ 56,209 $ - S $ - Permits/Fees $ 234,000 $ - $ 234,000 $ 44,557 $ 34,557 S 10,000 $ 189,443 $ - Construction (Pre -Con, Const & Tax) $ 9,396,000 $ - S 9,396,000 $ 165,000 5 99,273 S 65,727 $ 9,231,000 $ - Construction Related Costs (incl Bond) $ 931,000 S - $ 931,000. $ 163,241 $ 80,776 S 82,464 S 767,759 $ - PM Services (incl Other. Professional Svcs) $ 526,000 S $ 526,000 $ 344,681 $ 127,981 $ 216,700 S 181,319 $ - Contingency (Inc! Construction & Project) $ 1,116,000 S (222,781) $ 893,219 S - $ - $ - S 893,219 $ - TOTAL S 13,273,000 S - S 13,273,000 S 1,954,050 S 1,118,712 S 835,338 $ 11,318,950 S - COUNCIL,ISSTATION 52TIt\'G.SC=JIA1.9R1'- FJREST9TI(L'S.7 Original Budget Budget Transfers Current BuBget Committed Budget Life to Mae Costs Rennin); Committed Remaining Budget Con at Completion A/E Services (both Design & CA) $ 1,415,000 S 234,222 $ 1,649,222 $ 1,548,449 $ 339,878 $ 1,208,571 S 100,773 S - Land Acquisition $ 16,000 $ 9,160 $ 25,160 $ 25,157 S 17,157 $ 8,000 $ 3 $ - Permits/Fees $ 353,000 $ - $ 353,000 $ 60,177 S - $ 60,177 $ 292,823 $ - Construction (Pre -Con, Const & Tax) $ 13,298,000 $ 456,500 S 13,754,500 $ 137,500 $ - $ 137,500 S 13,617,000 $ - Construction Related Costs (Ind Bond) S 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 S 254,711 $ - Contingency (incl Construction & Project) $ 1,343 000 $ (40,722) $ 1,302,278 S - $. - $ - S 1,302,278 $ - „ TOTAL : S 18,610,000 S 650,000 S 19,260,000 'S 2,697,387 $ 571,640 S 2,125,746 S 16,562,613 S - COUNCIL. REPORTING .SL41L11.4R}'- FIRE STATION 54 Original x x Itnd•etTransers x l Caren Budget Committed x Budgetfx Life RemainggCommitted Remaininglludget x Carl at r AJE Services (both Design & CA) Land Acquisition S 150,000 $ 902,668 S (7,000) $ 33,596 S 143,000 $ 936,264 $ 132;445 S 936,265 $ 131,495 $ 928,165 $ 1,500 $ 10,005 5 8,300 $ (1) S S - Permits/Fees Construction (Pre -Con, Const & Tax) $ 20,000 $ 230,000 $ - $ - $ 20,000 S' 230,000 $ 1,517 $ 106,700 $ 1,517 $ 67,856 $ - $ 18,483 $ 38,844 $ 123,300 $ $ Construction Related Costs (incl Bond) S 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 S 86,066 $ 20,599 $ 835 5 - Contingency (incl Construction & Project) $ 41,832 $ (28,471) $ 13,361 $ - $ - $ - $ 13,361 $ - - ., TOTAL,-= . S 1,502,000 S - $ 1,502,000 S 1,317,944 S 1,237,897 5 80,047 S 184,056 S - PUBLIC WORKS A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Coast & Tax) Construction Related Costs (incl Bond) PM Services (Intl Other Professional Svcs) Contingency (incl Construction & Project) Original Budge S 767,385 S 22,000,046 $ II0,000 $ 4,950,000 S 529,036. $ 668,426 $ 975,107 Budge Transfers $ 15,000 $ 3,386,413 $ (20,000) $ (1,895,000) $ (416,293) $ (348,426) $ (721,694) Current Budget S 782,385 $ 25,386,459 $ 90,000 $ 3,055,000 $ 112,743 $ 320,000 S 253,413 Comma ed Budget S 318,882 $ 25,358,693 $ - $ - $ 65,643 $ 279,832 $ - Life to Date Costs $ 65,640 S 25,344,993 S - $ - $ 50,471 $ 135,215 $ - Renmain'g Committed S 253,241 $ 13,700 $ - $ - $ 15,172 $ 144,617 S - Remaining Budget $ 463,503 $ 27,766 $ 90,000 S 3,055,000 $ 47,100 $ 40,168 S 253,413 Cost at Cimtphstion S - $ - $ - S - $ - $ - $ - ..� TOTAL - $ 30,000,000 S - $ 30,000,000. $ 26,023,050 S 25,596,319 S 426,731 $ 3,976,950 S -