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07/17/2012 10 Yakima Rail Road Grade Separations Project; Berger/Abam Endingeers, Inc - Supplement No. 9 „,,,,%„_.„. , .. ,. ,r,,,„\ ! .u._., .._li_, _r.. %, . __, J ‘,,Ntorr...” \,..,:,_:„.„.„ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT , Item No. 1 For Meeting of: July 17, 2012 ITEM TITLE: Resolution authorizing the City Manager to execute Supplement No. 9 of the Professional Services Agreement with Berger /ABAM Engineers, Inc. for continued engineering support of the Yakima Railroad Grade Separations Project. SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development CONTACT Doug Mayo, City Engineer - 576 -6678 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City has a professional services agreement with Berger /ABAM Engineers, Inc. for design engineering, project management, inspection services and engineering support during design and construction of the Yakima Railroad Grade Separations Project. The cost for these services was $4,780,726. The existing professional services agreement is scheduled to expire at the end of July. Due to the additional funding ($5.5 million of STP funds) that the City recently received to fully fund the Martin Luther King, Jr. Boulevard (MLK) Underpass, the City desires to extend the professional services agreement with Berger /ABAM to complete the MLK Underpass design and provide minimal engineering oversight during the bidding and construction of the MLK Underpass. This supplement would extend the agreement to September 30, 2014, and would carry an additional cost not to exceed of $150,000, bringing the total amount of current Berger ABAM Consultant Agreement Number 2 to $4,930,726. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: Amount: $150,000 Expiration Date: September 30, 2014 Insurance Required? No Funding Cumulative Reserve for Capital Phone: Source: Improvements; Fund 392 City Manager APPROVED FOR SUBMITTAL: 4:4416 0, STAFF RECOMMENDATION: Staff respectfully requests that the Council approve the resolultion authorizing the City Mahager to execute Supplement No. 9 with Berger /ABAM Engineers, Inc. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Supplemental Agreement No. 9 ❑ Exhibit A. Scope of Work ❑ Exhibit E -1. Consultant Fee Determination ❑ Berger /ABAM PSA's and Supplements RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager to execute Supplement No. 9 of the Professional Services Agreement with Berger /ABAM Engineers, Inc., for continued engineering support of the Yakima Railroad Grade Separations Project. WHEREAS, in July 2000 the City of Yakima issued and advertised a request for qualifications from firms interested in providing consulting services for the design and development of a grade separation railroad project; and WHEREAS, the request for qualifications advertisement described the matter as a multi -phase project that would later include preparation of plans, specifications and estimates and construction project management for the Railroad Grade Separation Project ( "Project "); and WHEREAS, as a result of that request for qualifications process, the City selected and contracted with BERGER /ABAM Engineers, Inc., to provide the said services for the Project; and WHEREAS, additional engineering and consulting services are required for project administration and inspection to construct the Project, as described in the Scope of Work Description included in the Supplemental Agreement; and WHEREAS, it is requested that the City Manager have the authority to execute an additional (ninth) supplemental agreement for additional engineering and consulting services to complete the MLK Underpass design and provide minimal engineering oversight during the bidding and construction of the MLK Underpass, and to extend the completion date and term of the second contract with BERGER /ABAM Engineers, Inc., through September 30, 2014; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the City Manager to execute an additional (ninth) supplemental 1 agreement with BERGER /ABAM Engineers, Inc., for additional engineering and consulting services to administer and inspect the Lincoln Avenue Railroad Grade Separation Project and to extend the completion date and term of the contract with BERGER /ABAM Engineers, Inc., through September 30, 2014, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Supplement No. 9 of the Professional Services Agreement with Berger /ABAB Engineers, Inc. for continued engineering support of the Yakima Railroad Grade Separations Project, and to extend the completion date and term of the contract with BERGER /ABAM Engineers, Inc., (City Contract No. 2003 -53) through September 30, 2014. The total additional compensation authorized by said supplemental agreement shall not exceed $150,000. The form of said supplemental agreement shall be reviewed and approved by the City Attorney or his designee. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2012. Micah D. Cawley, Mayor ATTEST: City Clerk 2 Washington State m1 Department of Transportation Supplemental Agreement Organization and Address I'' 1'' g Berger ABAM Engineers, Inc. Number 9 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 Original Agreement Number LA -4453 Phone. 206 - 431 -2300 Project Number Execution Date Completion Date STPX - NCPD- 000S(062) 7/17/2012 9/30/2014 Project Title New Maximum Amount Payable Yakima Railroad Grade Separtions $ 4,930,726.00 Description of Work Provide engineering services to assist City of Yakima staff during the contract bid, award, and construction of the Martin Luther King, Jr. Boulevard Undercrossing. The Local Agency of the City of Yakima desires to supplement the agreement entered into with Berger ABAM Engineers, Inc and executed on 6/20/2003 and identified as Agreement No. LA -4453 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows. Section 1, SCOPE OF WORK, is hereby changed to read The Consultant will provide assistance to the City of Yakima during bidding and construction to clarify plans and specifications respond to Contractor requests for information, make recommendations on proposed Chang orders field reviews and other assistance as requested by the City during construction I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read Work will he completed hy September 30, 7.014 III Section V, PAYMENT, shall be amended as follows' Payment shall he increased hy $150,000 to a maximum amount of 54,930,77 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By Berger ABAM Engineers, Inc By Anthony O'Rourke Consultant Signature Approving Authority Signature DOT Form 140 -063 EF Date Revised 9/2005 EXHIBIT A - SCOPE OF WORK Supplement No. 9 CITY OF YAKIMA MARTIN LUTHER KING, JR. BLVD. GRADE SEPARATION PROJECT (MLK) SCOPE OF WORK TO GO FROM 95% PLANS, SPECIFICATIONS, AND ESTIMATE (PS &E) TO BID READY DOCUMENTS PROJECT DESCRIPTION In early 2011, BergerABAM (BA) completed the 95% PS &E for MLK and submitted it to the City. This submittal was after the Lincoln Ave. grade separation project (Lincoln) had gone to bid, but prior to the start of construction of Lincoln. Now that the construction of Lincoln is nearly complete, the City and BA desire to complete the contract documents for MLK. The scope of work for that effort is given below. It is assumed that this effort will take place over a period of no more than three months. Note that this scope and fee assume that Lincoln will be completed per plan with three westbound lanes within the underpass. TASK 1 - PROJECT ADMINISTRATION AND MEETINGS BA will continue to administer the project including invoicing, subconsultant management, record keeping, etc. It is assumed BA will have two staff members attend two meetings in Yakima. TASK 2 - INCORPORATE THE CITY'S 95% REVIEW COMMENTS BA will incorporate the City's 95% review comments on the water system.. TASK 3 - INCORPARATE LESSONS LEARNED FROM LINCOLN Modification made during the Lincoln Underpass construction will be reviewed and where applicable, any cost saving changes will also be made on MLK. TASK 4 - UTILITY COORDINATION BA will coordinate with the fiber optic companies and other utilities to finalize the design of the fiber optic crossing at MLK. BA will also confirm the current plans for other public and private utilities. TASK 5 - BOTTOM SEAL REDESIGN The MLK Underpass bottom seal will be redesigned using lessons learned from the Lincoln Avenue Underpass - tremie seals at the east and west ends of the seal and augercast drill and fill in the deeper middle portion of the seal. Although the tremie /drill and fill method was completed successfully on Lincoln, its cost effectiveness was not optimized because the walls were already built and were designed in conjunction with a grouted bottom seal that would have provided more support than was provided during the excavation for the tremie seal. BA will start the redesign of the MLK seal by looking at the costs per linear foot of underpass for the tremie seal and the drill and fill seal in the area of the transition between the two methods. Based on the cost savings of the tremie seal over drill and fill in that area, BA will look into what the added wall costs would be to strengthen the walls in those areas such that the tremie seal could be extended further into the City of Yakima BergerABAM, FAPWT -04 -016 Martin Luther King, Jr. Blvd. Grade Separation Project February 2012 Yakima, Washington Page 1 of 2 EXHIBIT A - SCOPE OF WORK Supplement No. 9 underpass. Through an iterative process, the walls will be strengthened and the tremie seal extended until a point of cost equilibrium between tremie seal and drill and fill is reached. Once the limits of the tremie seal and drill and fill limits have been established, the revised wall designs will be finalized and the wall and bottom seal plans and specifications will be revised. TASK 6 - FRONT STREET FINAL DESIGN Front Street will be modified to accommodate the new bridge built as part of the MLK Underpass. TASK 7 - ARTWORK The City has chosen not to have an artwork element in the MLK design. TASK 8 - COMPLETE AND REVISE THE CONSTRUCTION STAGING DRAWINGS At the time of the 95% submittal, the construction staging plans were not completed and were therefore not included in the 95% submittal. BA will complete and revise these plans as needed. TASK 9 - UPDATE THE SPECIFICATIONS In the year since the specifications were prepared for the 95% submittal, there have been significant changes to the WSDOT general special provisions (GSPs) and the amendments to the standard specifications. BA will update the specifications based on these changes. Note that if the project does not go to bid within a few months of the submittal of the bid documents, the GSPs and amendments will need to be updated again just prior to bidding. TASK 10 - UPDATE THE COST ESTIMATE BA will update the cost estimate based on the changes to the plans and specifications and on the actual cost data from Lincoln. City of Yakima BergerABAM, FAPWT -04 -016 Martin Luther King, Jr. Blvd. Grade Separation Project February 2012 Yakima, Washington Page 2 of 2 EXHIBIT E -1 - CONSULTANT FEE DETERMINATION 7/9/2012 (Supplement/Amendment No. 9) DIRECT SALARY COSTS (DSC)for BERGER /ABAM Engineers, Inc. Personnel Hours Rate (see note) Cost 1 Project Executive 8 X $77 16 = $ 617 2 Project Manager 178 X $50 48 = $ 8,985 3 Project Engineer 152 X $42.55 = $ 6,468 4 Engineer 364 X $34 86 = $ 12,689 5 Inspector 4 X $44.23 = $ 177 6 CADD Operator 232 X $30 00 = $ 6,960 7 Admin /Clerical 12 X $28 73 = $ 345 BERGER /ABAM Hours, TOTAL 950 Subtotal Direct Salary Costs (DSC) _ $ 36,241 Salary Escalation (SE) = 4.2% for 100% of work = $ 1,522 Subtotal (DSC + SE) = $ 37,763 Overhead (OH) 158.23% of (DSC + SE) _ $ 59,753 Fixed Fee (FF) 32.00% of (DSC + SE) = $ 12,084 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 109,600 DIRECT NONSALARY COSTS (DNSC) Mileage for Site Visits & Meetings 0 miles @ $ 0.485 $ - Boards for Public Meetings 0 sq feet @ $ 15 00 $ - Drawing Reproduction (11 X 17) 0 copies @ $ 0 16 $ - Color Copies (8.5 X 11) 0 copies @ $ 1 00 $ - Color Copies (11 X 17) 0 copies @ $ 2.00 $ - Courier & Postage 0 packages @ 25 $ - . TOTAL REIMBURSABLE EXPENSES (DNSC) _ $ - I TOTAL BERGER/ABAM FEE (DSC + SE + OH + FF + DNSC) = $ 109,600 I SUBCONSULTANTS Huibregtse Louman Associates $ 5,000 Shannon and Wilson $ 10,000 Kennedy /Jenks $ 10,000 Hanson Professional Services $ 5,400 Transpo $ 10,000 I TOTAL SUBCONSULTANT FEES = $ 40,400 I I TOTAL AUTHORIZED AMOUNT = $ 150,000 I MANAGEMENT RESERVE 0% $ - I TOTAL CONTRACT AMOUNT = $ 150,000 I Page 1 of 3 City of Yakima, MLK Blvd. Grade Separation Exhibit E - Supplement No. 9 (Finalize Bid Documents for MLK) Prepared E RLF Date: 9- Jul -12 PROJECT PROJECT PROJECT ADMIN/ DESCRIPTION EXEC MGR ENGR ENGR INSPECTOR CADD CLERICAL TOTAL TASK 1 - PROJECT ADMINISTRATION AND MEETINGS 0 40 16 0 0 0 0 56 1 1 Invoicing 8 8 1.2. Subconsultant Management 12 12 1.3. Record Keeping 4 4 1.4 Meetings 16 16 32 TASK 2- INCORPORATE 95% REVIEW COMMENTS 0 8 8 8 0 16 0 40 2.1. Revise PS &E per Comments 8 ' , 8 8 16 40 TASK 3 - INCORPORATE LESSONS LEARNED 0 4 4 16 4 16 0 44 3.1. Meeting 0 3.2. Revise PS &E 4 4 16 4 16 44 TASK 4 - UTILITY COORDINATION 0 12 0 40 0 32 0 84 4.1. Coordinate with Fiber Optics 8 24 24 56 4.2. Coordinate with Other Private Utilities 2 8 4 14 4.3. Coordinate with Public Utilities 2 8 4 14 TASK 5 - BOTTOM SEAL REDESIGN 6 24 60 200 0 120 0 410 5.1. Determine Point of Tremie /Drill and Fill Equilibrium 4 8 24 40 76 5.2. Revise Wall Structural Calculations 2 4 16 40 62 5.3. Revise Plans 8 16 120 120 264 5.4 Geotechnical Input 4 4 8 PROJECT PROJECT PROJECT ADMIN/ DESCRIPTION EXEC MGR ENGR ENGR INSPECTOR CADD CLERICAL TOTAL TASK 6- FRONT STREET FINAL DESIGN 0 6 0 16 0 8 0 30 6.1. Finalize Decisions with the City 4 4 6.2. Add Front St. PS &E 2 16 8 26 TASK 7- ARTWORK 0 0 0 0 0 0 0 0 7.1. No Artwork is Assumed 0 TASK 8 - REVISE THE CONST. STAGING DRAWINGS 0 36 0 20 0 40 0 96 8.1. Complete Drawings 36 20 40 96 TASK 9 - UPDATE THE SPECIFICATIONS 0 40 40 0 0 0 12 92 9.1. Update Specifications 40 40 12 92 TASK 10 - UPDATE THE COST ESTIMATE 2 8 24 64 0 0 0 98 10.1. Update Quantities and Estimate 2 8 24 64 98 BERGER/ABAM Total 8 178 152 364 4 232 12 950 Berger ABAM Consultant Agreements and Supplements Accumulative Item Date Executed Amount Amount Professional Services Agmt. No. 1 1/19/2001 $729,400 $729,400 Professional Services Agmt. No. 2 6/20/2003 $1,250,000 $1,250,000 Supplemental Agreement No. 1 - $0 $1,250,000 Supplemental Agreement No. 2 8/16/2005 $620,000 $1,870,000 Supplemental Agreement No. 3 1/16/2007 $177,284 $2,047,284 Supplemental Agreement No. 4 6/30/2008 $210,989 $2,258,273 Supplemental Agreement No. 5 12/31/2008 $217,912 $2,476,185 Supplemental Agreement No. 6 6/30/2009 $1,513,059 $3,989,244 Supplemental Agreement No. 7 6/30/2010 $190,000 $4,179,244 Supplemental Agreement No. 8 5/17/2011 $601,482 $4,780,726 Supplemental Agreement No. 9 7/17/2012 $150,000 $4,930,726 Total of PSA #1 and PSA #2: $5,660,126 Claar Tee, Sonya From: Sheffield, Brett Sent: Monday, July 16, 2012 2 19 PM To: O'Rourke, Tony; Cutter, Jeff; Mayo, Doug Cc: Claar Tee, Sonya, Price, Cally Subject: Resolution for Berger /ABAM Supplement Attachments: BergerAbam Supplement No 9 docx Minor changes are required to be made to the resolution for the Berger /ABAM Supplement for tomorrow's Council meeting. The revised resolution is attached. I apologize for any inconveniences this may cause. Brett H. Sheffield, PE Chief Engineer City of Yakima (509) 576 -6797 1 RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager to execute Supplement No. 9, of the Professional Services Agreement with Berger /ABAM Engineers, Inc., for continued engineering support of the Yakima Railroad Grade Separations Project. WHEREAS, in July 2000 the City of Yakima issued and advertised a request for qualifications from firms interested in providing consulting services for the design and development of a grade separation railroad project; and WHEREAS, the request for qualifications advertisement described the matter as a multi -phase project that would later include preparation of plans, specifications and estimates and construction project management for the Railroad Grade Separation Project ( "Project "); and WHEREAS, as a result of that request for qualifications process, the City selected and contracted with BERGER/ABAM Engineers, Inc., to provide the said services for the Project; and WHEREAS, additional engineering and consulting services are requi for project administration and iaspeGtioR-to construct the Project, as described in the, Scope of Work Description included in the Supplemental Agreement; and WHEREAS, it is requested that the City Manager have the authority to execute an additional (ninth) supplemental agreement for additional engineering and consulting services to complete the MLK Underpass design and provide minimal engineering oversight during the bidding and construction of the MLK Underpass, and to extend the completion date and term of the second contract with BERGER /ABAM Engineers, Inc., through September 30, 2014; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the City Manager to execute an additional (ninth) supplemental 1 agreement with BERGER/ABAM Engineers, Inc., for additional engineering and consulting services to administer and incpcct the Lincoln ° vent 1 e MLK Boulevard Railroad Grade Separation Project and to extend the completion date and term of the contract with BERGER /ABAM Engineers, Inc., through September 30, 2014, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Supplement No. 9 of the Professional Services Agreement with Berger /ABAB Engineers, Inc. for continued engineering support of the Yakima Railroad Grade Separations Project, and to extend the completion date and term of the contract with BERGER/ABAM Engineers, Inc., (City Contract No. 2003 -53) through September 30, 2014. The total additional compensation authorized by said supplemental agreement shall not exceed $150,000. The form of said supplemental agreement shall be reviewed and approved by the City Attorney or his designee. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2012. Micah D. Cawley, Mayor ATTEST: City Clerk 2 Claar Tee, Sonya From: Sheffield, Brett Sent: Monday, July 16, 2012 2 19 PM To: O'Rourke, Tony; Cutter, Jeff; Mayo, Doug Cc: Claar Tee, Sonya, Price, Cally Subject: Resolution for Berger /ABAM Supplement Attachments: BergerAbam Supplement No 9 docx Minor changes are required to be made to the resolution for the Berger /ABAM Supplement for tomorrow's Council meeting. The revised resolution is attached. I apologize for any inconveniences this may cause. Brett H. Sheffield, PE Chief Engineer City of Yakima (509) 576 -6797 1 RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager to execute Supplement No. 9, of the Professional Services Agreement with Berger /ABAM Engineers, Inc., for continued engineering support of the Yakima Railroad Grade Separations Project. WHEREAS, in July 2000 the City of Yakima issued and advertised a request for qualifications from firms interested in providing consulting services for the design and development of a grade separation railroad project; and WHEREAS, the request for qualifications advertisement described the matter as a multi -phase project that would later include preparation of plans, specifications and estimates and construction project management for the Railroad Grade Separation Project ( "Project "); and WHEREAS, as a result of that request for qualifications process, the City selected and contracted with BERGER/ABAM Engineers, Inc., to provide the said services for the Project; and WHEREAS, additional engineering and consulting services are requi for project administration and iaspeGtioR-to construct the Project, as described in the, Scope of Work Description included in the Supplemental Agreement; and WHEREAS, it is requested that the City Manager have the authority to execute an additional (ninth) supplemental agreement for additional engineering and consulting services to complete the MLK Underpass design and provide minimal engineering oversight during the bidding and construction of the MLK Underpass, and to extend the completion date and term of the second contract with BERGER /ABAM Engineers, Inc., through September 30, 2014; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the City Manager to execute an additional (ninth) supplemental 1 agreement with BERGER/ABAM Engineers, Inc., for additional engineering and consulting services to administer and incpcct the Lincoln ° vent 1 e MLK Boulevard Railroad Grade Separation Project and to extend the completion date and term of the contract with BERGER /ABAM Engineers, Inc., through September 30, 2014, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Supplement No. 9 of the Professional Services Agreement with Berger /ABAB Engineers, Inc. for continued engineering support of the Yakima Railroad Grade Separations Project, and to extend the completion date and term of the contract with BERGER/ABAM Engineers, Inc., (City Contract No. 2003 -53) through September 30, 2014. The total additional compensation authorized by said supplemental agreement shall not exceed $150,000. The form of said supplemental agreement shall be reviewed and approved by the City Attorney or his designee. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2012. Micah D. Cawley, Mayor ATTEST: City Clerk 2