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Home My WebLink AboutResolution No. 2024-07 - Amendment No. 1 to Progressive Design Build Contract Amendment for Design Construction PhaseRESOLUTION NO. 2024-07 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, DIRECTING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND SIGN THE AMENDMENT NO. 1 TO THE PROGRESSIVE DESIGN -BUILD CONTRACT WITH BOUTEN CONSTRUCTION COMPANY/NAC. WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, pursuant to RCW 35.57.070, the PPFD may secure services by means of an agreement with a service provider. The PPFD shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by District Resolution; and WHEREAS, the PPFD adopted Resolution 2023-15 on December 13, 2023, approving the agreement with Bouten Construction Company/NAC to perform design —build services for the Pasco Aquatics Facility Project; and WHEREAS, the PPFD adopted Resolution 2024-06 on July 23, 2024, accepting the Pasco Aquatics Facility Validation Report. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. That the PPFD Executive Director for the Pasco Public Facilities District (PPFD), is hereby authorized, empowered, and directed to negotiate and sign the Amendment No. 1 to the progressive design -build contract with Bouten Construction Company/NAC, based on a copy of 2023 Bouten Construction Co for Owner & Design -Builder Agreement, which is attached hereto and incorporated herein by reference as Exhibit A, in an amount not to exceed $2.5 million; and to make minor substantive changes as necessary to execute the Amendment. Section 2. That this Amendment No. 1 will authorize the progressive design -builder to proceed with design and construction Phase 1 services, in keeping with the validation report and the contract. Section 3. That this Resolution shall take effect immediately. Resolution 2024-07 — Direct Executive Director to Finalize and Sign Progressive Design Build Contract Amendment No. 1 for Design & Construction Phase- 1 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this 23rd day of July, 2024. PASCO PUBLIC FACILITIES DISTRICT Mary ar Morrissette, oard President ATTEST: Ca ne Bowdish, Secreta /Treasurer Pasco Public Facilities District APPROVED AS TO FORM: Kerr Fer on Law, PLLC Atto94 for PPFD Resolution 2024-07 — Direct Executive Director to Finalize and Sign Progressive Design Build Contract Amendment No. 1 for Design & Construction Phase- 2 FORM OF VALIDATION AMENDMENT PASCO PFD PROGRESSIVE DESIGN -BUILD AGREEMENT Unless the parties agree in writing otherwise, the Validation Amendment shall be in a substantially similar form as follow: 1. Pursuant to Section 6.6.1 of the Agreement, this Validation Amendment incorporates the following terms into the Agreement. To the extent any terms set forth in this Validation Amendment conflict with the Agreement, the terms in this Validation Amendment shall govern. 2. The Design -Builder has submitted to Owner the Validation Proposal pursuant to Section 2.02.1-11 of Exhibit C. 3. The parties have collaboratively developed the terms of this Amendment pursuant to Section 6.6.1 of the Agreement. 4. The Parties agree to enter into this Validation Amendment to continue Phase 1 of the Project pursuant to Section 6.6.1.2.b of the Agreement. 5. The parties hereby establish the following Commercial Terms: Phase 1 Not to Exceed Amount $ 3 167 861 Phase 1 Completion Date February 11, 2025 Validated GMP $ 37,460,000 6. Other Commercial Terms are set forth in the following Exhibits to this Amendment, which are incorporated as if fully set forth herein: Exhibit A: Level of Effort Exhibit B: Updated Phase 1 Schedule Exhibit C: Phase 1 Scope of Work Exhibit D: Target Schedule Exhibit E: Validated GMP and Updated Cost Model with Phase 2 Schedule of Values Exhibit F: Initial Project Scope Exhibit G: Design Submittal Packages Exhibit H: Subcontract Plan Exhibit I: Inclusion Plan for Disadvantaged and Small Businesses Exhibit J: Design Quality Management Plan 7. Pursuant to Section 10.2 of the Agreement, Design -Builder shall provide a Payment and Performance Bond pursuant to RCW Chapter 39.08 equal to one hundred percent (100%) of the amount of the Phase 1 Not to Exceed Amount set forth above. FORM OF VALIDATION AMENDMENT PASCO PFD PROGRESSIVE DESIGN -BUILD AGREEMENT In executing this Amendment, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Amendment, and each has the necessary corporate approvals to execute this Amendment, and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the date set forth below. PASCO PUBLIC FACILITIES DISTRICT DESIGN -BUILDER By — -- Bouten Construction Company Name of Design -Builder Its - - - - — - - By Its Date: Date: DESIGN -BUILDER'S ADDRESS AND PHONE: EXHIBIT A Bo�l�n N nC Phase 1 - Design and Preconstruction I Level of Effort Pasco Public Fa cilnias District I Pasco Aquato Center n a c N, t c c T u k 1 Pasco, Washington July 18, — ITEM S ACTIVITY DESIGN s 20L NOTES JULY AUG sEP OCT NOV DEC JAN FEB Phase t -Dee n + Pneon.-.it- Phase 1 1 2 3 4 5 S 7 8 9 10 11 12 13 14 11 16 17 1B 18 20 21 22 23 24 M 28 27 28 29 30 31 M 38 33 34 35 38 3] Pfuse 1 - deagn & preconstruckn ticko8 Team-velidenon deere111enaa,s learrwd/reypi seerd 0w pro rsmmiig nvisw User group al gn meetings Poet valMxion NO budgsl update Flnlehea, rasew .de— end Mr3wn inei IPoetlurwand types Lghbng lxabonsand lyps Muni ...h.—liend Ebddcel Adursel locations Rumbbg, Meclwnbals.d Elewinl a".-dwlp, mMg, xs. xlblen egasmeol fu,i Equlpmem CooNimOon Ames COmml- type, bulb..,& functlsm She coerdhugon Sh - pdexrbn access, fire e¢asa, wash, wall, a.duaping. etc. Rey rdinmmormbn of tea ons. Canfimetbn of sllowanua end mntbgandes She & bndaup design S•uuw typ se--es-40, E—rie Ravieiole emp&deejln' MEPays—fin.lintiolro lo— FmisM. Se—n CM of Pescc er-p.—I upaba 0ea1gn-dev.1i prod Pmled spcvkelbr,a 8 mrretmcdon daoumxgs On progress) Constrvel ey R— Sul—nura ling plan review and approval (GWI) Pmcurementl tong bad N.— sbabgy- Phu lagd.* TVDbudget rs0nemem(corainuvus) Sib Logis— GMP-1 bid pcbgl^g Ovmer Pel tum end 501E DO spp—I GMP I -Sae snd Long Ii Equipment Plus, 2 kicks. Subconlsacting pan review and approve l(GMP-2) Pheaa 2 plan Mrg, budget sM ecledub algnmam Moblllzadon pr•prMnew and xal-kick<0 revell Pl,esa 1 and Phss 2 sup mrdkw8on — - Owne.ppr—IGMP ITEM RESOURCE 2024 2125 FIRS fMR TOTAL Notes JUL AUG SEP OCT NOV DEC JAN FEB PRECONSTRUCTION EFFORT (Time and Metal 1 Pmject Executive - Brandon Potts 0 20 35 35 35 15 0 0 140 $ 220 S 30,800 See Nom 5 2 Oesign-BUIb Project Manager- Jordan Ti 0 45 85 85 a5 40 0 0 340 f 138 f 48,920 See Nato 5 3 Design -Build Estimator- Sean Goesetl 0 40 40 40 40 40 40 40 280 f 147 $ 41,180 See Nom 5 4 Project Coordinator - Harmony Birbtimar 0 10 10 10 20 10 0 0 60 S 79 S 4,740 See Nom5 5 Ea0rui support- Ed Lemben or Other 0 20 20 20 20 20 40 40 ISO f 119 S 21,420 See Nom, 6 Supenn or- Steve H,rVJIm Publem 0 10 10 80 170 0 0 0 270 f 140 S 37,000 See Note 5 7 Onscmr of Safaty - Weldon Barker 0 D D 10 10 0 0 0 20 f 11, f 2,2A0 See Nom 5 a quality Management Specialist -Cynthia Miller 0 0 S 8 32 0 0 0 db f 115 S 5,520 Sae Note 5 e Personnel Total Noun & Cost Bouten Only) D 145 208 280 412 125 80 80 1398 f 180,800 DESIGN EFFORT 10 AfE Foe. (Lump Sum per sus— Fee Sdndd.) 0 0 0 0 0 0 0 LS f - S 1,255,172 Gee Nom 7, 9 11 gn-BUIW DesiAllNote 0 0 0 0 0 0 0 LS f - f 198,721 Soo 9 12 Do.91-Build ArcJNACE 0 0 0 0 D D 0 LS $ - S 138,576 Sue Nam 9 13 Design and Prem—licn Contingency S 80,000 „oa No 8 14 Oeaign A_sis[ Pmcum 1/ Truce P.doar Cost Support S 20,000 Sea Nom 15 Geotechnlcel Dasgn Consultant $ 15,000 16 0 0 0 0 D D C f - f 17 Subsoil Design and Consultant f 2,087,689 Subtotal Phase 1 Design and Preconsbuctlon DIRECT COSTS I EXPENSES REM REM NAME TOTAL NOTEB 1 Pnnting, Mailing, Advertising,+Mier. Expenses f 1,500 2 Toi and Fuel S 5,000 3 Terimology and Schwan, (VDC, Laser Scanning, JOIN) $ 5,D00 4 Other C.—Rents - Pool Builder f 10,000 DIRECT COST TOTAL f 21e500 TOTAL DIRECT & PERSONNEL COSTS S Insurance (1.0%) $ 2,299,769 22,998 Design -Builder Fee(3.75%) $ 87,104 B & O Tax (.48%) $ 11,567 Payment & Performance Bond (1.0a.6) $ 24,214 Sales Tax (8.9%) $ 281,940 sae Nora e TOTAL VALIDATION AND PRIECONSTRUCTION with SALES TAX S 2,727.592 1 Premnstruc[ion/ designactivitles shown in blue 2 Procurement/budgetactivltfesshowningold 3 Additional design consultants and or trade parinersui required for Vlldation will be determined upon NTP. Costs are estimated for these consultants or trade partners 4 Phase l Design and Preconstruction costs start mid -August 2024 5 Construction personnel IPM, Supt, PC, QCI are mvered undl the initial GMP Is signed only (mid Dec). Estlmatingtlme Is mwred until the Final GMP (mid Feb) 6 Salestaxlseacluded from the mntractvalue and shown for reference only 7 Seefee schedule attached for Inclusions a Contingency for design and consultants In Phase 1 n.ewm M sau,an camuucaon rye t a 1 i:Mcn.>eb uem.ac\esto leero passel\mvdmecmvcsoanP nl.rueam.nK ►1A[40 ARCHITECTURE Project Fee Information Project: Pasco Aquatics Project No: 111-22044-01Aa Date: 7/16/24 33,278 SF (New) $29,153,282 MACC 6.78% Basic Fee (New Constr) $1,976,593 Consultant F Validation Phase 1 Phase 1 1 Phase 2 Phase 2 Proposal NTE Allowances NTE Allowances TOTALS Basic Services Firm Notes Structural 193,500 193,500 3,850 138,700 51,300 1,875 DO Fire Protection 15,000 15,000 - 12,000 3,000 - TBD fee estimate Architectural $ 1,288,633 239,460 675,469 16,000 373,704 24,000 NAC 40 trips over 20 mo Subtotals - Basic Services $ 1,497,133 $ 243,310 $ 826,169 $ 16,000 $ 428,004 $ 25,875 $ 1,539,356 Fixed Additional Services w/markup Survey 11,10D 12,210 12,210 - PBS Geotech - - By Owner Shrub Steppe Mitigation fees - - - Bouten cover fees Aquatic Design 254,300 279,730 42,856 201,274 3,440 35,600 4,590 WTI TBD Civil Engineering 226,000 248,600 34,100 152,295 62,205 - PBS Landscape Architect 39,500 43,450 30,850 2,860 12,600 5,720 TBD Acoustical Consultant 14,000 15,400 10,934 4,466 TBD Beyond base scope Signage - add service (not included) Civic Campus Master Planning add service (not included) Envelope Consultant add service (not included) 3rd Party Energy Code add service (not included) VE Participation - included in basic sery CR Participation - Included in basic sery Cx Coordination add service (not Included) Conformed Set - included in basic sery Record Documents add service (not included) Video Fly-Throughs add service (not included) Comm Engagement beyond base efforl examples: new online surveys, all new graphics, Conversion to CAD (as needed) - add service (not included) CUP/Special Permitting not required Traffic Impact Assessment - add service (not included) $15-20k Trip Generation Letter 5,0D0 5,500 5,500 PBS required by City SEPA Checklist 3,500 3,850 3,850 PBS required by City ub Stotals -Fixed Add'I Services $ 608,740 1 S 89,166 1 $ 404,703 1 $ 6,300 $ 114,871 $ 10,3101 $ 625,350 Reimbursable Expenses Travel Time and Expenses Other (mist. printing,etc.) 5,419 1,100 see above 2,000 see above 1,000 la::owance aowance Subtotals- Reimbursable Expenses $ 6,519 37,185 $ 2,174,227 NTE total with NTEs convert to fixed total lump sum 1,255,17 Exclusions: Cultural Resource Survey/Monitoring Inspections and testing C: IUsem0han/eylOesklopTasco101Ae Pmjecf_Fee _Breakdow-3.xlsx Amendment to Bouten/NAC Agreement for Phase 1 / Design and Preconstruction ZZ'9 Cmin�ellpt, s soga0 see Nose 0 malt p~ cm Stlpp f 20:000 Sea N. S R.r[ F $5,000 F 5,000 VC. laser S..mip. JOIN) x S,OW fdw x 10.000 TOTAL PHASE 1 PRONCTEO COST S 3,167,861 wet shwn in add is and or trade partner support raquhed IM vMid tlm vM be datatrdred u MP. Costs xe esta ted for these con hoots nr v w p.nners tnl MM MM st.rt mod August 2024 I, 4q0, a, OC) are covered untl the inn,al GMP y caned ang (mJ Deq. Fstimatelg time. is ct ed a:mil the Final CM? I—s Feb) »tdU t v.We attd stwwn Mr re}erane—IV x U.Wsi—