HomeMy WebLinkAboutORD-2010-083 Justice Facility - Contractor Extended Overhead Request & Approval of Budget Amendment #2o~~- ao~o- 08~
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2010
Action Agenda
Item No. ~- -
SUBJECT: Justice Facility -General Contractor Extended Overhead Request and
Approval of Budget Amendment # 2-B
DEPARTMENT: Asset Management &
Purchasing Services (AMPS)
Financial Services
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
A: Project Sources and Uses Summary
B: Extended Overhead Request Letter
INFORMATION CONTACT:
Pam Jones, AMPS, 919-245-2652
Jeff Thompson, AMPS, 919-245-2658
Michael Talbert, Financial Services,
919-245-2153
PURPOSE: To consider:
1. Approving a negotiated amount related to
requested by the General Contractor; and
2. Approving the attached Budget Amendment 2
project.
extended construction overhead costs
B that captures all costs in one capital
BACKGROUND: The Justice Facility reached substanfial completion in May 2010. As a
result of a significant delay due to a major fire rating re-design in the summer and fall of 2009,
the General Contractor, Bordeaux Construction, has requested additional compensation related
to the costs of the extended overhead costs related to the necessary, iterative re-design. These
costs exceed the costs associated with the fire assembly change order G-10 presented to the
Board in December 2009.
Attachment A, "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).
Items darkly tinted refer to expenses encumbered and paid for through operating funds due to
their unrelated nature to the capital project. These expenses included new District Attorney
office refurbishment costs, interstitial space repair, concurrent programmed refurbishment within
the existing Justice Facility (restroom renovations, paint & carpet replacement), and extended
asbestos testing/abatement processes.
FINANCIAL IMPACT: Staff has negotiated an extended overhead compensation of $40,000
(see Attachment B, "Extended Overhead Request Letter"). Board approval of this action will
effectively allow the closeout of the capital project. Both the New Courthouse Project and the
River Park Development Project have been considered as part of the Justice Center Facility
Project. The Justice Center Facility .Project has a shortfall of $161,217 and these funds are
available in both the New Courthouse Project and the River Park Development Project. To
insure accurate project accounting and asset recognition for the Justice Center Project, a total of
$161,217 would be transferred to the Justice Center .Project. There would be $87,440
transferred from the New Courthouse Project, $50,000 transferred from the River Park
Development Project, and $23,777 appropriated from the Town of Hillsborough for the River
Park Development Project. The revenue was received in 2009 but never appropriated.
The approval of Budget Amendment # 2 - B will effectively allow the closeout of all three Capital
Projects: Justice Center Facility, New Courthouse, and the River Park Development. All funds
are currently encumbered in the County Capital Projects Fund and no additional capital is
required.
Budget Amendment #2 - B
Justice Center Facility:
Project # 10013
Revenues for this ro'ect:
Through FY
2009-10 FY 2010-11
Amendment FY 2010-11
Revised
Alternative Financin $10,200,000 $10,200,000
2/3rds Net Debt Bonds 190,000 $87,440 277,440
Sales Tax 1,726,112 1,726,112
.Transfer General Fund 50,000 50,000
Contrib From
Hillsborou h 0 23,777 23,777
Total Pro'ect Fundin $12,116,112 $161,217 $12,277,329
Appropriated for this project:
Through FY
2009-10 FY 2010-11
Amendment FY 2010-11
Revised
Desi n $1,374,103 $1,374,103
Construction 9,992,009 $161,217 10,153,226
Other 750,000 750,000
Total Costs $12,116,112 $161,217 $12,277,329
River Park Development:
Project # 20032
Revenues for this ro'ect:
Through FY FY 2010-11 FY 2010-11
2009-10 Amendment Revised
Contrib From
Hillsborou h
Transfer General Fund $50,000 $50,000
2
Total Project Fundin $50,000 ($50,000
e.,.,r„nri~+cr+ fnr +hic nrniart•
., ~ ~.
Through FY
FY 2010-11
FY 2010-11
2009-10 Amendment Revised
Construction $50,000 $50,000
Total Costs $50,000 $50,000
New Courthouse:
Project # 10015
RAVAni iAS fnr this r)rniect'
Through FY
2009-10 FY 2010-11
Amendment FY 2010-11
Revised
2/3rds Net Debt Bonds $190,000 $87,440 $102,560
Transfer General Fund $167,961 ~ 167.,961
Total Project Fundin $357,961 $87,440 $270,521
Annrnnriatr~rl fnr this oroieCt:
• -r •-r•------ --- ----- -
Through FY
2009-10
FY 2010-11
Amendment
FY 2010-11
Revised
Desi n $30,000 $30,000
General Renovations $327,961 ($87,440) $240,521
Total Costs $357,961 ($87,440 $270,521
3
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the $40,000 negotiated amount related to the extended construction overhead
costs requested by the General Contractor; and
2. Approve the attached Budget Amendment # 2-B consolidating all costs for the Justice
Center Facility into one capital project account.
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111
ARCHITHCTS • BIdGfNBSRS pLANNH&S .
June 14, 2010 ~ ~ Va Telefax
GLENN D.CORLBY,ArA Mr. Chad Lloyd
Chafrntatt
Bordeaux Construction Co., {nc.
~H.ItEpPOOT,AIA,LEEDAP 100 East Britania Avenue
Presldenf
Durham, NC 27704
MICHARL L. NA?~YfE[iSLEY, PE
ParNter
Re: Orange County Justice Expansion
ANoaswR.c~utic,A~,~AP
P
t CRZ Project # 0417
ner
ar X128110 Extended Overhead Letter
DAVID bL. TAYLOR, AL1, L58D AP
Partner
KFMEERLY n. Ems, Atly LSeP AP Dear Mr. Lloyd: -
Assnciate
LAUxENCSw•stnvc~,AfA On June 1, 2070, we received the attached May 28, 2010
A~°°`°te our office in which you are requesting a total of
tter from
L
xa~~YnLr>3NSErr y
e
$64,922 in extended overhead costs for the time perlod
Ass°ctafc
from June 17, 2010 thru November 20, 2010, a perlod o
~N~rx~s'v~ some 156 calendar days.
~°eiate
We have reviewed your chronological.llsting of issues along
. with your work progress analysis and cost assignment as
you feel you have been impacted. On the basis of your
' lefter without benefit of time sheets, daily logs, and other
supporting paperwork, we feel that you have .shown
sufficient cause to merit a time{y meeting with the Owner to
discuss your claim further. By copy of this [etter, we are
recommending to the Owner that a meeting be scheduled
ro soX zs6s between Bordeaux Construction Company and the Owner
~~elx~u, Nc z~SZ~-z~~s to review the claim letter, table relevant questions, and
zzx clofster Court ~ discuss ways of reaching an amicable settlement.
Chapel Efi71, NC 275142212
Surely, `~
(919} 401-8586 Telephone
(9I9} 493-7306 Fax
yrww.corlepr edfoo tzack.com
KES/kes
Attachments
Cc: Ken Redfobt
David Taylor
Pam Jones
Jeff Thompson
6
~ ® R ® ~ A lJ. X
Constriction Company , Inc .
a~ircf;g 4 ~c. sr+c._.. ~1
i ~ ~ '' k
May 28, 2010
Ken Smith
Corley, Reelfoot, Zack .
222 Cloister Ct.
Chapel HiII, NC 27514
RE: Orange County Justice Expansion
Mr. Smith, .
Bordeaux Construction Company, Inc. is hereby issui2lg a formal request far extended
overhead cost for Orange County Building Inspections imposed code improvement
revisions, the schedule impact of asbestos abatement revision and delays as associated
with extended. overhead cost, per revisions xequested,by Orange County Building
Insp~ctisns ~3e~axtment fo~'~ne abnvb referenced.proj~~~c3r,your review and_a~provaL
Reques>r~2• ex~l~ded. oger~ead cost is baupali i3ela~s mid ;i2ie~c2eucies as outlined
intimelinebelo~v: - . • • , _. •
• 1. June 11~ ; 2009: Bordeaux Constriction directed to stop ALL work associated
with Field Memo #56 by CorleyRedfoot Zack based on ongoing concerns with
Orange County Building Inspections; BCC proceeding with base bid. scope of
work. ~ "
2. "July 1~ ; 2009: BCC de-mobilization from pmject as no further work can be
done at this time with regards to base bid renovation completion or proposed
change orders pendiing approval. '
~. July It}tn 2009:.C12Z distribl2tes pdfdrawil~gs as they relate to associated
revisions to'.IM#56 for pricing based upon'OCBI comments.
4. August 31~ ; 2009: BCC returns to site to proceed with work associated with
Owner Change Order #I2 t"Restroom Retloyations). BCC demo of 1~ and 2"a
floor gang bathroom, no other trades on site at this time. •
5. September 9a', 20009: BCC presents proposal to CRZ and OC for adclitional
cost associated with revisions to Field Memo # 56. At this time OC felt cost
were prohibitive aniirequested BCC to.pul'sue solicitation o;~bids to spri2lkler
buildilig. - - - .
,. ep a ~7' , agrees o review p~rovlslolls pmvl a sp eel ...._ v-~"`~ ".~""'°
. . ~ buildiing (existing court]~ouse~ system.. BCC to.pxepare pricing;
7 ~ ~ ~ ~Septelnber.24~', 20D9: BCC,provides pricing to CRZ ~`rom-A$L ~S~irinlcleir to
• provide:fully.sprinkledbuildzng.~ystemfor•owner appxovaL _ •~ ' "
PO Box 2935, Durham, NC 27715-2935 I00 E. Britania Aye., Durham, NC 27704
(9I9) 220-I I41 tel (919) 220-1247 fax
. wstnvbordeauxconsh•ucdonco.com
~ ~ ~ ~ ~ A U X
Conslruct[on Company, Inc.
8. September 280; 2009: OC cannot move_forward with sprinkler approval at this
time as ap~roval~ from board is required .
9. October S , 2009: BCC provides proposal to CRZ for cost of sprinkler shop
drawing only. To date NO approval has been given with regards to any items
associated with Field Memo #S6.
IO.October 140; 2009: CRZ notifies BCC that OCBI has reviewed and approved
associated drawing revisions {FM#S6 Code Improvements); BCC to prepare
revised priding.
11.October 160i, 2009: CRZ upon approval of OC releases BCC to begin
preparations of sprinkler shop drawings.
12.October 30~ ; 2009: BCC provides FM#56 "Code Revisions" revised pricing to
CRZ for owner appxval . .
13. Novembe>a2"~, 2009: BCC, CRZ and OC meet to discuss change proposal. At
this time OC feels as cost are still prohibitive and request BCC to revise
pricing again and remove items chat will be performed by the owner. Also
addressed at this meeting; Tom Bordeaux (BCC) and Jeff Thompson (OC)
discussed the additional lost ineuned by BCC during this process of code
revision pricing and Mr. Thompsoni ac~owledged that Bordeaux had incurred
additionai cost but requested that BCC separate the extended cost from this CP ;
Mr. Bordeaux agreed to do us and both parties agreed to access this'cost upon
completion of the contract.
14. November Sa; 2009: BCC provide additional revisions requested by OC for
approval {CF#S7R2).
15. November 140; 2009: BCC stops drywall subcontractor from concealing all
walls and ceilings as No• further work can be done (BB or CO} at this time
pending owner approval on code revisions.
16. November 1601, 2009: CRZ notifies BCC that code improvements in the
existing building cannot be approved by theowner at th}s ~timeg.owner will
have to go before BOC for approval
17. November 1801, 2009: BCC given stop work notice on code revisions by OC
and requested to revise CP#S7R to reflect additional cost as stated in CRZ
letter "11/18/Q9 Change Order G-13 Status":
18. November 200', 2009: BCC demobilizes from project for a second time.
19. November 300; 2009: BCC provides CRZ with CP#S7R3 for approval and
execution.
20. December 4a ; 2009: BCC receives cover letter for CP-I3 for signature.
--~- ~~- - ~--..,-.~---~-.,---..,.-...~._.. _~~. 0,..ti .,r .. ~._-.--,,.-..,,.-.,.._,.-..-~_....~-.~ -,...,..,.~
21. Dece"-'giber 2~$ , 2~3: ~CZ; receives ndtsce o~ egec e CP=13 y owner {SCC-~- ~~~--~
. ~ signed 12/7/CRZ signed 12/10 & OC signed 12/18) '
22. J:anllary 4~', 2010: BCC and associated subcontractors remobilize to site to
complete associated. code revision CO and building completion.
Pd Box 2935, Durham, NC 277!5-2935 I00 E. Brita~ria Ave., IIurfiam, NC 27704 ~„
(919) 220-1141 teI (9I9) 22D-1147 tax
wu~tvbordeauxcanstrncdonrncom
8
• •&o'tYSte+u•etion•• Company, lne. ~ +
23. January 4a', 2010-April 28~': CodQ Revision w.d associated finish work
ongoing until date of substantial. completion Apri128a', 2010.
• Associated Cost per above time line:
• _ n June'' 17~; 20U~ August 316 ; 2Q09: On Jung 11~', BCC zeeeived stop work
directive •ozi~ all work associated with FM#56, at this'time BCC was
. working on oxg. contract work to the extent possible. Work was limited. to
..+ • ~ - selective demolition in areas throughout the building only. •Sub-contractor
work was•halted at this poilrt until resolution. could be made to move
forward with code revisions. On July 1~, X009 BCC'demobilized•fromtha
pxojeCt site. .. .
. General~Conditions (a3 $324.00/day (x} 61 days = $19,724.00
. • Supervision & Ilxsuranees @ $446.001day (x) 61 days= *$CC
allocated supervision and labor forces during this period on various
. othergroject sites throughout the company as to not layoff any of our
staff sllocatecl for this project **Upon acceptmrsce of this proposal
BCC wi11 not seek any fiirther labor or supervision cost incuxxed for
this time period.
• Sub-Total during this period: $19,724.OA
_ I~ August 31~; 2009 November 20~; 2009: During this period Bce
maintained an ansite presence of one superintendent and 2 laborers,
working on CP-12, site wall~way revisions and misc interior up fits
associate with~OCBI code ilr~pxovements; subeoxctractorworkwus minimal
to non-extent during Ibis geriod oftime as BCC was working under
premise tjlat ongoing code review pricitlg would.,be.approved. Cost is
r0ftective-of BCC workilig at M4~45Y effieieflcy, •
• General Conditions @ $324.OOtday (~c} 81 days =$26,244.00
« Supervision &-Insurances @ $446.00/day (x) 81 days = $36,126.00
. . • dub-Total during this period: $62,370.00 (-)BCC ongoing work @
45% efficiency = $28,Q67.00
• Total forthisperiod =$34,303.00 .
II~ November 20a; 2009-December 28a', 2009: OnNavember 18~", Z009, BCC .
-received letter from CRZ {Change Order G 13 Status) stating the intezit.bf
the owner to execute Change Order G-13 and tfLat said change order wot~Id
be executed no later than December 1.5, 2009 by OCBC. In this letter the
• owner also "request that you stop work on the project on any items which
. will negatively affect or impact the future work of the code
' PO Box 2935, Durham, NC 27715-2435 IDO E. Brltania Ave., Du'rflant, NC 27704
(919) 220-1141 tel {919) 220-1147 fax '
tnvt~v.6ordeaua~consCructionrn.mm
r
9
' Con;traction Company, lnc: -
improvements". At this stage BCC determined that'no work org. contract
• or other change orders could proceed without negatlvely affecting the
• • associated word described in the letter and de-mobilized. from the project
life onlVov: 20~; 20Q9.
• • *$ot<desux Construction ima?r aura by no fault of out own,•tbat'wewere
i'oxced fromthe projectsite as no work•dpuld contu~ue'without
. __ : ,~• negatively effec'tiilg the •code itllpraveineiltitoms set forth in CP~13. ,
~, ~ *~'Ipon rcceeptance of Phis proposal Bordeaux Construction will not .
' .seek exfendecl the, extended'overhead aild cost incurred during this time
• peiiod. ~ .
' ~ BCC Project Management & F,stimating Time. (C~dei gevisio~Pricang} .
Project Manger/Estimator (1 Nfonth) $9;072,00 • . -.
. S~uperintendeirt (Room by Room Itemized Code Improvement
sunnmation fo>>` pricing of org. FM##5~ (1 Week) • $1,823.00
• Sub-Total of item N: $.IO, 895.00
V) Summation of Ifems I N:
~~
• ' Schedule Impact Total: $64,922.00
Note: .. • . ~ , •
• i.) All pricing is based on original base bid general condition &'supervisions
pacing. It•s~lould be noted that this pricing is,over 3 years old. .
2.) (leneral Conditions, Supervision and rilsurances are based on Overhead -
.. • .operating cost~set.fozfih in, fhe approved saheiiuie of vahle~ for Ibis project.
Upon receipt of tbis:proposal we formally request your response witilin.ten business
days. Please know,tli,~t we are available to discuss: ~Yus ml~tter in persblr at pour earliest
' eanvenien,ce. If you. have any questions, do riot hesitate to can~ct us,.
• :• - ..
Sincerely, • .. ... ~ - . .
Bordea Cari coon Campauy; Inc. , - '
Chad'Lloy ~ ., . • . ••
Project Manager •. .' .. ~ •
PO Box 2935,17urham, A1C 27715-2935 I00 B. Britavia Ave., Duihazn, NC 27704
(919} 220-1141 te! (919) 220-1147 fax
ivivtixbordeauxrnnstructionco.mm
- 10
_' '~ ® 1~ ® ~ A ~U X
~^1r Constru ctfon Company, Ine ~ '
CC: • • -
Project File - -
Tom Bordefiux'
. Ken R.edfoox • - • • - ' .. .
David Tay1o.~ ~ , ' -
JeffT#IOmpson
Pam Jones
PO Boy 2935, Durham, NC 277IS-2935 100 B. Britaiua Ave;, Durham, NC 27704
{9I9) 220-114I te! (919) 220-1147 Eaa
- navx:bordeacn:canslruciioam.cam
4
The Board approved on second reading the granting of a franchise for afive-year term
to AAA Transport, Inc. Basic Life Support Convalescent Transport Services and Emergency
Services; authorized the Chair to sign the Franchise Ordinance; directed staff to discuss and
enter into an Operations Agreement with AAA within 90 days that identifies the subcategories
under which AAA will be permitted to operate the Convalescent and Emergency Medical Basic
Life Support Franchise based on the needs of the County and the capacity and capabilities of
AAA as well as to provide for the daily operational functions of AAA as it works within the
Orange County Emergency Services System; and after the Emergency Services Director
negotiates the Operations Agreement with AAA, authorized the County Manager to sign the
Agreement subject to review by the County Attorney or his staff. The granting of the Franchise
Ordinance is conditional upon successful completion of the Operations Agreement with 90 days
of acceptance of the Franchise Ordinance by AAA Medical Transport.
m. Second Reading: Implementation of a One-Week Payroll Deferral -
Amendment to Orange County Personnel Ordinance Article III Section 1 0 The
Work Week and Resolution Authorizing the Use and Advancement of Sick
Personal and Petty Leave During Pavroll Deferral
The Board approved on second reading the amendment to Article III, section 1.0 of the
Orange County Personnel Ordinance and approved the resolution authorizing use and
advancement of up to forty hours of sick leave and personal and petty leave accrued through
June 30, 2011 for the sole purpose of supplementing employee pay for the period ending
October 8, 2010 during implementation of the payroll deferral.
n. Second Reading: Amendment to the Orange Countv Personnel Ordinance
Article VI. Sections 5.1 and 5.2 of the Position Classification Plan
The Board approved on second reading an amendment to Article VI, Sections 5.1 and
5.2 of the Position Classification Plan.
o. Second Reading: Amendment to the Orange County Personnel Ordinance
Article II. Recruitment and Employment to Add Section 5 7 Appointments of
Incumbents and Others to Vacant Positions
The Board approved on second reading an amendment to Article II, Sections 5.0
Appointments and 5.7 Appointments of Incumbents and Other to Vacant Position, with staff
providing the Board with the administrative rules and procedures guiding the implementation of
this amendment at an upcoming meeting.
~ Animal Services Facility -Third Amendment to Agreement for Construction
Manager at Risk and Approval of Budget Amendment # 2-A
This item was removed and placed at the end of the consent agenda for separate
consideration.
g, Justice Facility - General Contractor Extended Overhead Reauest and
Approval of Budget Amendment # 2-B
The Board approved the $40,000 negotiated amount related to the extended
construction overhead costs requested by the General Contractor; and approved the attached
Budget Amendment #2-B consolidating all costs for the Justice Center Facility into one capital
project account. The total of all costs for this project is $12,277,329.
r. Change in BOCC Regular Meeting Schedule for 2010
The Board amended its regular meeting calendar for 2010 by:
- Adding a location for the Orange County Assembly of Governments Meeting, which
is scheduled for Thursday, September 16, 2010 at 7:00 p.m. and will be held at the
Southern Human Services Center. 2501 Homestead Road in Chapel Hill
O~IJ-~~/0- 0~3
'~
VOTE ON CONSENT AGENDA: UNANIMOUS