HomeMy WebLinkAboutAgenda - 09-02-2010 - 4pORP- ~o (o- O 8~
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2010
Action Agenda
Item No. ~[- - p
SUBJECT: Animal Services Facility -Third Amendment to Agreement for Construction ~-
Manager at Risk and Approval of Budget Amendment # 2-A
DEPARTMENT: Asset Management & PUBLIC HEARING: (Y/N) No
Purchasing Services (AMPS),
Financial Services
ATTACHMENT(S): INFORMATION CONTACT:
A: Third Amendment to CMAR Agreement Pam Jones, AMPS,919-245-2652
B: Project Sources and Uses Summary Jeff Thompson, AMPS, 919-245-2658
C: Schedule of Project Change Orders Michael Talbert, Financial Services,
919-245-2153
PURPOSE: To consider:
1. Approving the third amendment to the Agreement for Construction Manager at Risk
(CMAR) as documented by approved change orders; and
2. Approving Budget Amendment # 2 - A that consolidates all costs in one capital project to
effectively close out the Animal Services Facility capital project.
BACKGROUND: The Animal Services Facility reached substantial completion in the spring of
2009 and opened to the public in June of that same year. In June 2010, the County and the
Construction Manager at Risk, Clancy &Theys Construction, agreed on the final proposed
Contract Amendment #3 for this project. The Amendment contains change orders documented
work for the project as well as a settlement amount approved by the Commissioners for some
disputed items. The County Manager was authorized to execute change orders within the
project funding on August 19, 2008. The execution of this Amendment will close out the CMAR
contract with Clancy and Theys and is the final step to closing out this capital project.
The Board may recall that the CMAR contract allowed for this reconciliation to conclude after the
project's substantial completion in order for changes to the work to not interfere with .the opening
of the facility. This deliberate feature of the CMAR contract allowed the County to embark on a
challenging construction schedule for completion and vacate the former Animal Shelter in order
to accommodate the University's schedule for construction of the first phase of Carolina North.
Attachment B, "Project Sources. and Uses Summary" illustrates the revenue and expense
categories as they relate to both Board and Manager approvals (in the case of change orders).
Please note that the costs associated with the Solid Waste Sanitary Sewer outfall are costs
funded outside of the Animal Services Facility capital project but were accomplished
simultaneously by Clancy &Theys for cost and schedule efficiency reasons as outlined to the
Board on October 21, 2008.
2
Items darkly tinted reflect expenses indirectly related to the capital project and paid through
operating funds. (e.g. moving costs, post move operations issues). The attached budget
amendment consolidates all project expenses to the capital project account.
FINANCIAL IMPACT: On August 19, 2008 the Board approved the second amendment to the
agreement for Construction Manager at Risk for Animal Services Facility for $104,000. The total
guaranteed maximum price after the second amendment was $7,458,500. The second
amendment provided contingency funding to be available to the Contractor for change orders
that may occur during construction. All change orders for this project totaled $835,059 and a
schedule of project change orders listing all change orders for the Animal Services Facility and
their purpose is attached. The third amendment to the CMAR agreement for $731,059 will
complete the project and the reconciliation of the contract.
The total Project Budget is $9,110,287 and to date $9,038.372 has been expended. A balance
of $71,915 is available to make final payment to the contractor. The third amendment provides
for a final payment to the contractor of $130,492 leaving a project short fall of $58,577. There
are three Purchase Orders outstanding in the General Fund to Clancy & Theys Construction for
a total of $69,942 to be paid as part of the reconciliation. To insure accurate project accounting
and asset recognition, all capital assets are recorded at original cost. A total of $58,577 will
need to be transferred from the General Fund to adequately fund the project in the County
Capital Projects Fund.
Budget Amendment #2 - A
Animal Services Facility:
Project # 10035
Revenues for this project:
Through FY
2009-10 FY~2010-11
Amendment FY 2010-11
Revised
Alternative Financin $8,000,000 $8,000,000
Private Placement 700,000 700,000
2/3rds Net Debt Bonds 170,000 170,000
Sales Tax Reimbursement 150,000 150,000
Transfer General Fund 65,287 $58,577 123,864
From Arts Reserve Pro~ect 5,000 5,000
From S a /Neuter Fund 20,000 20,000
Total Project Fundin $9,110,287 $58,577 $9,168,864
Appropriated for this project:
Through FY
2009-10 FY 2010-11
Amendment FY 2010-11
Revised
Desi n $700,000 $700,000
Construction 8,235,287 $58,577 8,293,864
Other 175,000 175,000
Total Costs $9,110,287 $58,577 $9,168,864
General Fund:
Expenditures: B & G Operating -Building Repair ($58,577)
Transfer to County Capital Projects $58,577
The approval of Budget Amendment # 2-A will effectively allow the closeout of the capital
project. All funds are currently encumbered in either the County Capital Projects Fund or the
General Fund.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the third amendment to the Construction Manager at Risk agreement in the
amount of $731,059 and authorize the Chair to sign on behalf of the Board;
2. Approve Budget Amendment # 2-A consolidating all costs in one capital project account.
ORANGE COUNTY
NORTH CAROLINA
THIItD AMENDMENT
TO
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES
THLS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION ~ ~~
MANAGER AT RLSK SERVICES (this "Amendment") is made effective this p"t~day of
r.~~ , 2010, (the "Execution Date"} by and between ORANGE
COUNTY, NORTFI CA~r OLINA {"Owner"), and CLANCY & TREYS CONSTRUCTION
CO.,, a North Cazolina corporation ("CNfAR"} (Owner and CMAR to sometimes be referred to
together herein as the `Parties"}. .
WITNESSETH:
WHEREAS, Owner and CMAR entered into an Agreement for Construction Manager at
Risk Services made effective February 19, 2008 (the "Agreement") , a First Amendment to the
Agreement made effective June 26, 2008 (the "First Amendment"}, and a Second Amendment to
the Agreement made effective August 19, 2008 (the "Second Amendment") which Agreement, First
Amendment and Second Amendment together provide for the construction of an Animal Services
Facility to be located in Chapel Hill, North Carolina (the "Facility'; and
WHEREAS, the Agreement, as amended by the First Amendment and Second Amendment
contained a Guaranteed Maximum Price of $7,458,500.00 for the completion of the Original Scope
of Work; and
WHEREAS, the Parties now desire to further amend the Agreement as amended by the First
Amendment and the Second Amendment to add additional scope of work totaling $731,059.00 to
the Guaranteed Maxiznurn Price as described herein.
NOW, THEREFORE, in consideration of good and valuable consideration, the mutual
receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Incorporation of Preamble and Recitals. The preamble and recitals to this
Amendment are hereby incorporated herein by reference and made a part of this Amendment.
2. Definitions. All capitalized terms used and not otherwise defined herein shall
have the meanings ascribed to them in the Agreement. All references in the Agreement to "this
Agreement" shall be deemed to be the Agreement as amended by this Amendment unless the
context requires otherwise.
3. Guaranteed Maximum Price. Based on the foregoing, the Parties agree that the
Guaranteed Maximum Price for the CMAR's Work as of the date hereof shall be the sum of
$8,189,559.()0 (the "GMP"), the components of which are set out and described as Attachment
A: Components to Guaranteed Maximum Price, hereto and incorporated herein by reference.
4
5
4. Bonds and Insurance. CMAR shall promptly notify both its bonding company
and Builders Risk .insurance carrier that the Agreement has been amended and that the
Guaranteed Maximum Price is now as set forth above, and shall obtain an updated or
replacement Builders Risk Insurance Binder and updated or replacement Payment and
Performance Bonds to reflect this Amendment all of which will be effective on the Execution
Date and bear that date. CMAR shall promptly provide copies of these updates or replacements
to Owner following CMAR's receipt thereof.
5. Continued Force and Effect. The Parties confirm the Agreement and
acknowledge and agree that, as amended by this Amendment, the Agree~rient is binding and is
and remains unchanged and in full force and effect_ _
6. Counterparts. This Amendment may be executed in any number of counterparts
and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding
that all Parties have not signed the same counterpart. Any signature delivered by a party by
facsimile transmission or by sending a scanned copy of the executed Amendment by electronic
mail shall be deemed, and shall have the same force and effect as, an original signature hereto.
CSignature Page to Follow]
2
6
IN WITNESS WHEREOF, the Parties hereunto, intending to be legally bound, and with the
signatories representing they are empowered to bind their principals, have executed this Amendment
on the day and year hereinafter first written.
CMAR: Clancy & Theys Construction Co.
516 West Cabarrus Street
Raleigh, NC 27603
By: ~.
Joel T. lancy, Executive Vice President
Attest:
By:
Title: ' ~' `~ e~-
(Secretary} (Manager fitness
4
OWNER: ORANGE COUNTY, NORTH CAROLINA
P. O. Box 8181
Hillsborough, N.C. 27278
By:
Valerie Foushee,
Chair of Orange County Board of Commissioners
Attest:
Donna S. Baker
Clerk to the Board
This instrument has been pre-audited in the manner required by the local Government Budget
and Fiscal Control Act.
Orange County Finance Officer
This instrument is approved as to Form
John Roberts,
Orange County Attorney
3
Attachment A: Components of Revised Guaranteed Maximum Price
Base Contract
Amendment #1
Amendment #2
CO
1
2
3
4
5
6
7R2
8R3
Reconcilation #14 (includes prev. CO#s 9,10,11 R, & 13)
Guaranteed Maximum Price
Total billed by C&T, paid by OC through 4/23/10
Difference
Amendment #3: (CO's 1-6, 7R2, 8R3 &14 less Amendment #2 contingency)
Final Payment Due -Payment Application #i 5
$1,308,733
$6,045,767
$104,000
$47,893
$23,753
$247,758
$20,919
$97,870
$216,281
$10,886
$23,362
$39,144
$107,193
$8,189,559
$8,059,067
$130,492
$731,059
$130,492
.•.¢
.~~
~~ n
ynN
r~$$~N
~~R~~q~
~~ 3~'ga gR
~~ iS~Ba
~~~ ~~~~
N N M M N M M M N
~~
~~~~~ ~ ~~ a BB ~~ f ~ ~ ~ ~ ~ ~
~~~~ ~t ~ ~ ~ ~ ~~~ ~g ~~ ~€ a ~ ~~~
~ ~ ~ ~~ ~ ~~ ~a~
=~~NaN.NN •
.. dt
~ ~~ ~~ ~
~;~ ~ ~ ~
r a.`
r y6L 'r y} vp..~•', 0. r.Yd p!Yd~spp3 ^ ~~. r
~~ L~Re~& b8~~ ~~ $~~~ 8!o~CiS~G$ p~ 8i~~9~:1~d~ ~~~ f":;
x.x~K. ...~. ....~ .wx. .. .. x. .~....... .~..,.... ..
~ ~ .v ~-
~ ~ u
~a ~ ~~~~~~~~~z ~~ ~~~
. ~~~~n~s
g ~ ~ i
B 4
~ ~~ ~~'
8~ as
Qg
L
gai~
i •
•
~~
~~
Change Order Summary: Orange County Animal Services Facility
Clancy & Theys Construction Company
Updated: 8/6/2010
CO # PCO #' Revision Descri tion ' Cost
1 001 Ri Add 24" RCP to Drain Pond $3,979.00
1 002 Stockpile 1500 CY On Site $5,803.00
1 003 Undercut SW Comer of Pad $5,582.00
1 004 Haul Off Bad Topsoil $3,215.00
1 005 Trench Rock @ 603-605 $33,842.00
1 006 Trench Drains to Monolithic Concrete ;$4:528.00=
1
2 010 R1 Pushbuttons @ OH Doors $407.00
2 013 R2 Well, Cistern & Panel & Gear Rev. $19,445.00
2 015 Parking Lot Light Sleeves $2,092.00
2 016 Change Siding Color to Metallic $1,809.00
2
3 018 R1 Add Landfill Sanitary Sewer $247,758.00
3
4 020 Bond for Landfill Sanitary $5,711.00
4 039 CMAR 6% OH&P on sanitary sewer plus bond prem. $15,208.00
4
5 021 R2 Trench Rock & Rock Bores-SWOPS $216,281.00
5 R2 Trench Rock Blasting-ASF $97,870.00
5
6 022 Delete Cistern Sub-Base ti$5,3t5.001
6 024 R2 Hardware Changes of 8/11/08 $1,801.00
6 026 Ri Soffits for Duct Issues $1,159.00
6 027 R1 Bulkheads @ 106,173,193 & 194 $1,974.00
6 029 Ri 16" Flanged Coupling Adaptor $1,802.00
6 030 Delete Trap Primers t$8,6:;5.OOj
6 032 Recessed Valve Cabinets ~$7.033.v0?
6 034 Ri Room 148 Trench to FD-2 $337.00
6 036 Credit VE Plumbing Fixtures ;$679.OOj
6 040 Change CO-6 Frame/Add CMU $1,703.00
6 045 Ri Add Knox Box $382.00
6 046 Relocate Commercial Dryer $1,206.00
6 052 Add Siemens as Preferred Sub $5,024.00
6 058 Add P-Plam Pass Thriugh $4,067.00
6 059 Surgery Area Base Cabinets $11,304.00
6 060 Change all Asphalt to HD $1,809.00
6 ___
7R2 021 R3 Adjustment to 21 R2 $5,2t2.00'?
7R2 014 R2 Credit for lobby Revisions x$1;818.00
7R2 023 Change 149 and 171 ceilings $583.00
7R2 033 R1 WeII Water Testing $1,048.00
7R2 038 R2 Street Sign Reconciliation y6,547_;;0
7R2 041 Add Rear Gravel Walkway $477.00
7R2 044 Ri Oxygen/Surgery Changes 5%u;x.00?
7R2 048 Ri Add Cat Cage Grates $11,217.00
$47,893.00
$23,753.00
$247,758.00
$20,919.00
$314,151.00
$10,886.00
9
10
Change Order Summary: Orange County Animal Services Facility
Clancy & Theys Construction Company
Updated: 8/6/2010
CO # PCO # ' -Revision ` Descri tion Cost
7R2 049 Add Wave Dock Bumpers $1,259.00
7R2 054 Temporary Structure Silt pond $1,005.00
7R2 056 Add Junction Box per DOT $3,597.00
7R2 065 Increase Door from 3'-0" to 3'-8" $108.00
7R2 067 Delete Metal Shelves 02,552.03)
7R2 070 Add 4" Fiber Sleeve Under Roadway $308.00
7R2 073 . Add Pressure Treated Wood Bases $613.00
7R2 075 Delete Vortex Protectors ($i,14z.~0i
7R2 077 Add dryer fire Tine $2,027.00
7R2 079 Flashing Around Freezer $676.00
7R2 082 Undercut unsuitable soil $3,535.00
7R2 088 Revised landscape planting $301.00
7R2 091 Add wheelstops at freezer $201.00
7R2 094 Add boiler cut off switches $867.00
7R2 095 Tie door controls to fire alarm $266.00
7R2 098 Change CRS to CRC fixtures $498.00
7R2 099 Change lighting in versatile hold $445.00
7R2 101 Reface cat condos $2,542.00
7R2 102 Add sidewalks/ramps $8,830.00
7R2 103 Assemble Cat Condos $492.00
7R2 104 Install freezer $466.00
7R2
8R3 031 Foundation Drain Trunk Lines $5,185.00
8R3 035 R1 Add Downspout Nozzles, etc. $2,680.00
SR3 064 Ri Extend Gas to Rogers Road $25,120.00
8R3 074 Install Plywood Ceiling to plan $405.00
8R3 081 Modify Lobby Trellis $4,194.00
SR3 087 Wire card reader strikes $1,560.00
SR3
14 (9) 008 R2 Revised FRFD risers and grates $5,479.00
14 (9) 025 R3 Roof Drain Leader $1,897.00
14 (9) 042 R3 Washer/Dryer hookups, chases, cut floor $14,599.00
14 (9) 050 Add soffits at CO-1 $751.00
14 (9) 053 Re-mobilization of grading sub $603.00
14 (9) 055 Ri Double handle dirt removal $11,345.00
14 (9) 062 Seal exterior of CMU $4,943.00
14 (9) 066 Revise soffit at diagonal brace $1,228.00
14 (9) 068 Ri Furr shower walls for file install $350.00
14 (9) 069 R1 Stacked W/D & X-ray power (120V) $1,401.00
14 (9) 071 Revise wiring of unit heaters $281.00
14 (9) 072 Revise wiring of overhead doors $1,067.00
14 (9) 78 R1 Misc. Concrete Adjustments $6,221.00
14 (9) 080 R1 Flush and clean new sanitary sewer $538.00
14 (9) 089 Delete EIFS ~:3ca':.i.`•C7?
14 (9) 092 Install 3 dryer receptacles $2,021.00
14 (9) 106 Credit for Owner Installed equipment ~s.~c5,00'
$23,362.00
$39,144.00
11
Change Order Summary: Orange County Animal Services Facility
Clancy & Theys Construction Company
Updated: 8/6/2010
C0 # PCO # ' Revision Descri tion Cost
14 (9) 109 Paint downspout leaders $639.00
14 (9) 114 Credit unused grading $ ,t;; 3,;;0;
14(9) 117 Walk-in freezer credit !-s?,v:?g_003
is (s} $26,638.00
14 (10) 084 Plumbing and controls scope not in Quate scope $14,263.00
14 (10) 090 Rl Re-work RFD covers $1,658.00
14 (10) 093 Upgrade site lighting $940.00
14 (10) 100 Replace lighting sleeve $1,757.00
14 (10) 105 Revised floor drains, well pump, etc. $2,412.00
14 (10) 107 Temporary glass for alarm testing $1,542.00
14 (10) 112 Repainting and Touchup $3,668.00
14 (10) 116 Six trench drain covers and sally port $1,126.00
14 (io) $27,366.00`':
14 (11 R) 017 Interior control joints added in CMU $454.00
14 (11 R) 063 Extend Gas to Rogers Road $16,747.00
14 (11 R) 085 Rl Plumbin revisions' $41,608.00
14 (11 R) 111 Post move touchup painting $3,316.00
14 (11 R) 115 Owner furnished equipment connections $8,875.00
14 (11 R) $71,000.00
14 (13) 23 Rl Change 149 and 171 ceilings $301.00
14 (13) 028 Overhead dock door buttons $441.00
14 (13) 118 Roof curb relocation error by C&T $874.00
14 (13) 119 15% markup on CMU sealant installation $668.00
14 (13) 120 Survey to find dimensional errors on dwgs $2,188.00
14 (13) 121 Repaint entry ceiling $151.00
14 (13) 122 Error in base contract amount for Aspalt Experts $1,296.00
14 (13) 123 Stainless steel scope gaps and rework $2,368.00
14 (13) 124 IRN 89 math error on PCO 5R1 $2,141.00
14 (13) $10,428.00
14 (rec) Close-out adjustment credit ;132,2 `;9.tJ~~)
14
Totals:
$3,193.00
$731,059
Notes
1. Reduced per agreement with CMAR