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HomeMy WebLinkAboutAgenda - 08-17-2010 - 4t 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17, 2010 Action Agenda Item No. -4- SUBJECT: Fairview Park Tennis Courts Change Order DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No Parks, and Recreation (DEAPR), Asset Management & Purchasing Services (AMPS) ATTACHMENT(S): INFORMATION CONTACT: Change Order GC-3 Dave Stancil, DEAPR, 919-245-2522 Draft Interlocal Agreement Pam Jones, AMPS, 919-245-2652 Lori Taft, DEAPR, 919-245-2673 Jeff Thompson, AMPS, 919-245-2658 PURPOSE: To consider approving Fairview Park Change Order GC-3 involving the construction of Tennis Courts at Fairview Park BACKGROUND: Fairview Park is nearing completion and has experienced few of the anticipated unsuitable soils, rock and other unfavorable site conditions. A total of $100,000 was allocated for contingency to cover mitigation costs should these conditions be encountered. At this stage of the project, it is likely these funds will not be spent. Additionally, the County was awarded $500,000 in Parks & Recreation Trust Funds (PARTF) grant funds in August 2009. As a result, these and contingency funds are now available in the project. The project funding is capable of providing for the three tennis courts included in the park's Master Plan approved by the Board of Commissioners on December 11, 2006. Because the tennis court component of the Master Plan was considered a future phase and was not funded at the time of the design, staff did not consider pricing this phase as an alternate in the original bid process. Once the PARTF funding became available in August 2009, staff and the civil design consultant, Corley, Redfoot Zack Architects of Chapel Hill, estimated that the three tennis court project cost would fall within the range of $240,000 to $300,000 if bid to the construction market. PARTF corroborated these estimates in other projects that the grant funds are supporting. The Manager's Memo item dated November 17, 2009 provided the board with details of the intent to move forward with the addition of Tennis Courts in the current construction phase. Construction of the tennis courts represent a substantial change order. Issuing separate bids in lieu of the change order was considered and rejected for the following reasons: 1) additional costs for bidding would be incurred by the County and the designer; 2 2) bid costs would likely be higher since incoming contractors would include mobilization costs; 3) the current contractor would also include additional mobilization costs since they would be finished with the park and have vacated the site by the time the bid work was awarded; and 4) much of the work already in place would need to be removed or otherwise damaged in order for the new contractors to access the site of the tennis courts. Change order pricing by McQueen Construction has been vetted among staff and the design consultants and been deemed reasonable for the scope of work involved. Pricing for the change order, dated July 10, 2010, will be held by McQueen Construction until August 18, 2010. If the change order is approved now, the tennis courts could be completed in October — November 2010. The park potentially could open in December 2010 or possible early spring of 2011. FUTURE PARK MANAGEMENT: Still to be resolved is the discussion with Town of Hillsborough partners regarding the operation of the Park. Orange County staff has worked with Town staff to conclude these discussions in preparation for Board of Commissioners review. Agreements have been reached at the staff level on operations issues such as utilities, security, liability, ownership, management, funding, etc. Conversations are progressing and it is hoped that an Interlocal Agreement (ILA) will be ready for review by the attorneys and consideration by the elected boards prior to park opening. A draft ILA is attached. Should the Board decide to delay the approval of the tennis courts until the resolution of the ILA and subsequent park opening, the tennis courts would be re-bid at the appropriate time in the . future using the same design drawings and following a full bidding process. FINANCIAL IMPACT: There is currently an unencumbered balance of $337,305.85 in the project capital account. These unencumbered funds supported by the project ordinance approved by the County Commissioners in December 2009 can provide for this $236,864.34 change order request while still leaving a surplus in the project account. RECOMMENDATION(S): The Manager recommends that the Board approve the Fairview Park Change Order GC-3 involving the construction of Tennis Courts at Fairview Park, with the Manager signing the change order per previously granted authority. 3 Document G701 TM - 2001 e Order _ — PROJ.EGT:(Name and address) CHANGE ORDER NUMBER: CC-3 (rt'y��po},;; OWNER❑ --- _ Fa rV1.Lw•tT Gtx il-1ity Park _: . - :195 'rorain St., Hi llsbaraugh,DiE: July,; 21110 ARCHITECT❑ -_ —- - ARCHITECT'S PROJECT NUMBER;' 716 CONTRACTOR❑ ..--TO—CONTRACTOR:(Name..and address) -- = FIELD❑ °M Queen Construct qn Co CONTRACT DATE;; September 17, 2009 12atC �k 'Ro�id ; OTHER❑ G19 il3ahartl `'__NC 27503"- CONTRACT FOR: ieral Construction :4- he-Contract is'changed.as follows: -'(Include,wH4ere applicable,:any undisputed amount attributable to previously executed Construction Change Directives) t�Te a uLis_-roarts_-:a-riJ associated :Lighting (see attached) .. AD9 $236,86+.34 . .....:.:.... 9 ;5 0((�D.00 :.. .::. -The original{Contract:Sum)(�xa1C lT�cit }was $ _' the n4 chair .Y ieoul Y.autho�ri __ - =35,192.65 ze --CTange Orders g a - -= _= The:(Cotract Sum)' ifce)prior to this Ch ange O rder was ___ _-_ 1,021,192.65 The ill (increased)a creas Contract Sum) c�dl+tlz�t'txt�lwcRn[a� w" be in ed � " { j Change_Order in the-amount of = 26,864.34 _ ... _. . :---_- T.he.-neiv(Contrac[.SuiTi}; [ ce)including this Change Order will be $ 1,258,057 1 The Contract Time will be(increased) ' ��I'��by 5 Xty ( 0 )days The date of Substantial Completion as of the date of this Change Order therefore is Dctober 24, 2010 (Note:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price haue been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner:and_Contractor,::in which case a Change Order is executed to supersede the Construction Change Directive.) - " :NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Ciorley R ifoat Zack, Inc. McQueen Construction Co Grange County _ ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) -- .:.222 Cloister Court f`'619 Patrick Road l'0 l3ox $181 27514 alna •_:.N =)703 Hillsborough, NC 27278 ADDRESS ` x' ( gnat ire) B Y Sigrtatrcrerle. 't 1A ett (Typed.na�rie). (Typed name)— - (?YpeFrt ) ame T:3 v O 30 DATE DATE "' DATE CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document G701 TM—2001.Copyright 0 1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This A10 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright viDlatwns of AIA Contract Documents,e-mail The American institute of Architects'legal counsel,copyright@aia.org. 4 TM Document G701 - 2001 Instructions Change Order GENERAL INFORMATION i Purpose AIA Document G701 is for implementing changes in the Work agreed to by the Owner,Contractor and Architect. Execution of a completed G701 indicates agreement upon all the terms of the change,including any changes in the Contract Sum(or Guaranteed Maximum Price)and Contract Time. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The j American Institute of Architects confer any further rights to reproduce this document. i The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G701,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software.Licensed AIA software users should consult the End User License Agreement(EULA). i To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. COMPLETING THE G701 FORM Description of Change in the Contract Insect a detailed description of the change or reference specific exhibits describing,in detail,the change to be made in the Contract by this Change Order.Include any drawings,specifications,documents or other supporting data to clarify the scope of the change. Determination of Costs Insert in the blanks provided,or strike out the terms in parentheses that do not apply,the original Contract Sum or Guaranteed Maximum Price;the net change by previously authorized Change Order(note that this does not include changes authorized by Construction Change Directive unless such changes were subsequently agreed to by the Contractor and recorded as a Change Order);the Contract Sum or Guaranteed Maximum Price prior to this Change Order;the amount of increase or decrease,if any,in the Contract Sum or Guaranteed Maximum Price; and the new Contract Sum or Guaranteed Maximum Price as adjusted by this Change Order. Change in Contract Time Insert in the blanks provided,and strike out the unused terms in parentheses,the amount(in days)of the increase or decrease,if any in the Contract Time.Also insert the date of Substantial Completion,including any adjustment effected by this Change Order. EXECUTION OF THE DOCUMENT When the Owner and Contractor,in occurrence with the Architect,have reached agreement on the change to be made in the Contract,including any adjustments in the Contract Sum(or Guaranteed Maximum Price)and Contract Time,the G701 document should be executed in triplicate by the two parties and the Architect,each retaining an original. AIA Document G701 TM—2001.Copyright 0 1979,1987,2000,and 2001 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 1%may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copydght@aia.org. MCQUEEN CONSTRUCTION INC. 619 Patrick Rd. (919)479-4766 Bahama,NC 27503 (919) 697-0614 cell (919)479-0213 fax July 10,2010 Mike Hammersly,PE Corley,Redfoot,Zack Inc. PO Box 2368 Chapel Hill,NC 27515 Subject: Fairview Community Park CO#4 Items Mike: Below is a price breakdown on 3 tennis courts per plans from Corley,Redfoot,Zack Inc,PA dated 11/20/08 and reviewed 11/06/09 per detail 10-6-2.2. Lighting system described below per Tommy Lawrence Electrical: We propose to supply and install(4)Musco stub bases with slip-on steel poles with a total of(12) 1000 watt MH remote ballast sports lighter fixtures which will light to a level equal to the shoebox fixtures.We will provide breakers,contactors,controls, pushbutton,horn/strobe and all associated wiring needed to complete electrical installation. All control components will be provided by Musco lighting and installed in the same vicinity as the existing equipment,besides a single pushbutton and horn/strobe, which will be located at the court on one of the poles.All voltage drop calculations have been considered for proper wire sizing and three courts will be controlled by an individual pushbutton. Labor/Equipment including labor burden $ 14,521.00 Materials including sales tax $ 57,207.00 OHJProfit $ 10,760.00 Total $ 82,488.00 Fencing by Frye Fence Company Labor/Equipment including labor burden $ 3.600.00 Materials including sales tax $ 13,484.91 OH/Profit $ 21515.09 Total $ 19,600.00 1 MCQUEEN CONSTRUCTION INC. 619 Patrick Rd. (919)479-4766 Bahama,NC 27503 (919)697-0614 cell (919)479-0213 fax Striping,nets,and color surfacing by North State Resurfacing Labor/Equipment including labor burden $ 7,000.00 Materials including sales tax $ 8,447.60 OH/Profit $ 2,317.40 Total $ 17,765.00 Total Subcontracted Labor&Materials $ 119,853.00 ABC Base Installation • Layout(horizontal&vertical) 12 hrs @$52.50/hr. $ 630.00 • Proof roll subgrade 1 hr. Tandem Truck @$65.00/hr. and foreman @$52.50/hr. $ 117.50 • ABC installation 590 tons @ $7.50/ton at the quarry $ 4,425.00 Freight$7.00/ton(1.5 hrs @$65.00/hr.=$97.50 for 14 tons) $ 4,130.00 Rough grade stone as delivered 21 hrs.with dozer @ $75.00/hr.,vibratory roller @$74.00/hr. and labor @ $37.50/hr.,Foreman @$52.50 . $ 5,019.00 • Set up stone and fine grade 16 hrs.with:motor grader @$75.001hr.,vibratory roller @$74.00/hr.,laborer @$37.50/hr.,water truck @$50.00/hr., Foreman @$52.50 $ 4,624.00 • Final grade prior to paving 6 hrs. with: motor grader •$75.00/hr.,vibratory roller @$74.00/hr.,laborer •$37.50/hr.,Foreman @$52.50 $ 1,434.00 • Proof roll stone 1 hr. with: Tandem @$65.00/hr. and foreman @$52.50/hr. $ 117.50 Total ABC Installation $ 20,497.00 MCQUEEN CONSTRUCTION INC. 7 619 Patrick Rd. (919)479-4766 Bahama,NC 27503 (919)697-0614 cell (919)479-0213 fax Asphalt Paving • 225 tons of binder @$64.65/ton at the plant including tax $ 14,546.25 • Freight$8.00/tons x 225 tons $ 1,800.00 • Binder installation 9 hrs.with:Paver @$75:00/hr., vibratory roller @$74.00/hr.,3 laborers @$37.50/hr. Foreman @$52.50 $ 2,826.00 • 140 ton sand mix @$66.80 at the plant including sales tax $ 9,352.00 • Freight$8.00/ton x 140 tons $ 1,120.00 • Sand mix installation 8 hrs.with: Paver @$75.00/hr. roller @$74.00/hr.,3 laborers @$37.50/hr. Foreman @$52.50 $ 2,512.00 Total Asphalt Paving Installation $ 32,156.25 Storm Drainage • 160 11 of Contech slotted drain with pedestrian friendly grate including freight and sales tax$51.70/ft. $ 8,272.00 • Labor and equipment to install slotted drain 22 hrs. with Yanmar 100 @$75.00/hr. and 2 laborers @$37.50/hr. Foreman @$52.50 $ 4,455.00 • 4" concrete apron to frame slotted drain by subcontractor (Cruz Brothers Concrete) $ 2,170.00 Total Storm Drainage $ 14,897.00 Total Subcontractor and work performed hourly by McQueen Construction Inc. $ 187,403.25 3%Bonds $ 5,622.00 3%Builder's Risk $ 5,622.00 Subtotal $ 198,647.25 15%4H/Profit $ 29,797.09. Subtotal $228,444.34 8 MCQT7EEN CONSTRUCTION INC. 619 Patrick Rd. (919)479-4766 Bahama,NC 27503 (919)697-0614 cell (919)479-0213 fax Unit Price Items(From Bid Package) o Installation 2 drop inlets @$1,950 ea. $ 3,900.00 o Installation 1601.f. of 15"RCP @$22.00 l.f. $ 3,520.00 a Seeding 10,000 sq.ft.@.$.101sq.ft. $ 1,000.00 Total Unit Prices $ 8,420.00 Total Cost for Tennis Courts $236,864.34 Note:All labor cost include 50%labor burden. - Thank you, Harvey McQueen McQueen Construction Inc. ©� c� 9 MEMORANDUM OF INTERLOCAL AGREEMENT ORANGE COUNTY THE TOWN OF HILLSBOROUGH REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, 101 East Orange Street, Hillsborough, NC 27278 (hereinafter referred to as the "To,p" and Orange County, a body politic and corporate, apolitical subdivisic0f the State of North Carolina, 200 South Cameron Street, Hillsborough, N :-x= 278 (hereinafter referred to as the "County"), for the joint and/or ass' erations and responsibilities of Fairview Park, located in Hillsbo gh, WITNESSETH WHEREAS,..., and WHEREAS, —, and 4` ay h WHEREAS, —, and WHEREAS, ..., the Fairview Park sitee Og identified as that shown on Map 1, attached to this agreement. NOW, THEREFORE, in consideration of toregoing and on mutual promises and obli Vget forth herein, the receipt and sufficiency of which is hereby ackno,, i arties agree as follows: PROPER EXCHANGES AND ACCESS EASEMENTS tea. In order to"ddress potential liability issues and simplify ownership � boundarie - hich find facilities located on or across property lines, e Town w County agree to an exchange of properties within the pie H rk site (please see Map 2). e County will convey to the Town approximately one (1) acre of land along Rainey Avenue including the existing Town of Hillsborough Police Department, Fairview Substation and its adjoining parking area, as shown in Map 2. ii. The Town will convey to the County its portion of land . containing the facilities for Fairview Park, along with a connecting strip of land as shown in Map 2. iii. Three easements will be executed as part of this land swap: 10 1. The County will grant an access easement to the Town for use of its private road serving the County's Public Works facility to NC 86. 2. The County will grant an unspecified easement to the Town to cross the County's property to access the Town's storm debris site as shown on Map 2. 3. A third one, from Town to County across substation parking lot for public parking for those using the existing playground and restrooms. iv. The Town and County will share the costs of surveys for these land conveyances, and will be responsible for their own legal expenses related to same. 2. TOWN CONTRIBUTIONS TO OPTING EXPENSES a. The Town will contribute to ounty, for general operating expenses of the park, a sum he am ,:`its of thirty-thousand dollars ($30,000) annually, to rn \, se2 percent (2%) per annum beginning July 1, 2011. unding may be revisited or terminated upon further discussion ',the Town and County and the Town's potential operation of the in the future. b. As a joint park project, the Town will als vide for water and sewer se, it no cost to the park restrooms, picnic shelter and water f rt c. ThF;ci n will bresponsible for the opening and closing of any a °the parl , �such is deemed necessary, on a mutually- 9 e Town s discretion. 3. PUBLIC SAFETY CO``ERAGE FOR THE PARK a. As Fairview Park is adjacent to the Town corporate limits,on three sides and is thus within one mile of the Town limits, and the Town's Fairview Police Substation is within the site boundaries, the Town Police Department will coordinate and cooperate in a coordinated public safety response for emergency calls at the park. b. The Orange County Sheriffs Department will be the initial primary provider, with the Town Police Department supporting and assisting in this capacity. It is anticipated that over time the Town and County will review response to calls in the park and make adjustments to responsibilities as needed and prudent. 4. POTENTIAL FOR ANNEXATION 11 a. The Town will evaluate and consider the appropriateness of annexing the Fairview Park site periodically, and will notify the County in advance of any intent to annex. 5. AMENDMENTS This Agreement may be amended by mutual written consent of the Town and County. The Agreement will be reviewed at least once every five years for needed changes and updates. Any future improvements to the Park after the date ofhjs""agreement will be considered by both the Town and County. 6. TERM This Agreement shall terminate upon mutual agreement Of h Town and County Boards of Commissioners; or on December 31, 201 5. fifparties commit to review and consider renewal of the Agreement on or before December 31, 2015. , 7. GOVERNMENTAL A MR. LS ??? Needed? 8. ENTIRE AGREEMENT This Agreement constitutes the entire Agment of the parties hereto. M Thi 2010 Mayor""'-17.7.bwn of HillsboThugh WITNESS: Town Clerk Chair, Orange County Board of Commissioners WITNESS: Clerk to the Board