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Home My WebLink AboutORD-2010-082 Animal Services Facility Third Amendment to Agree Construction Manager at Risk & Approval of Budget Amendment # 2-AORP- ";�o 10- 0 8,� ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 2, 2010 Action Agenda Item No. 4 -12 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. 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 pr o'ect: A ppropriated for this project- Through FY 2009 -10 FY-2010 -11 Amendment FY 2010 -11 Revised Alternative Financing $8,000,000 $8,000,000 Private Placement 700,000 $58,577 700,000 2 /3rds Net Debt Bonds 170,000 170,000 Sales Tax Reimbursement 150,000 $58,577 150,000 Transfer General Fund 65,287 $58,577 123,864 From Arts Reserve Project 5,000 5,000 From Spay/Neuter Fund 20,000 20,000 Total Project Funding $9,110,287 $58,577 $9,168,864 A ppropriated for this project- Through FY 2009 -10 FY 2010 -11 Amendment FY 2010 -11 Revised Design $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 C, 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. M"^t-,� A ORANGE COUNTY NORTH CAROLINA THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION �r MANAGER AT RISK SERVICES (this "Amendment) is made effective this clj&day of 2010, (the "Execution Date ") by and between ORANGE COUNTY, NOR17f CAROLINA ( "Owner "), and CLANCY & THEYS CONSTRUCTION CO.,, a North Carolina corporation ( "CMAR ") (Owner and CMAR to sometimes be referred to together herein as the "Parties'). WITNESSETH: VfTfffiREAS, 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 "FacgUy'�; 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 Maximum 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 $8,189,559.00 (the "GAP"), the components of which are set out and described as Attachment A: Components to Guaranteed Maximum Price, hereto and incorporated herein by reference. 4 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 Agreement 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. [Signature Page to Follow] 2 5 IN WTTNESS 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. daincy, Executive Vice President Attest: By: Title: (Secretary) Managegjjrtness OWNER: ORANGE COUNTY, NORTH CAROLINA P. O. Box 8181 Hillsborough, N.C. 27278 0 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 6 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 #15 $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 $731,059 $'130,492 $8,189,559 $8,059,067 $130,492 J I [IF N N N N N N N M M i ail HAM io 1•:-3 Change Order Summary: Orange County Animal Services Facility Clancy & Theys Construction Company Updated: 8/6/2010 co # PCO # Revision Description Cost: 1 001 Rl 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 $3,215.00 005 Trench Rock Ca) 1303-1305 $33,842.00 006 Trench Drains to Monolithic Concrete ($41528,00", 2 010 Rl 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 3 018 R1 Add Landfill Sanitary Sewer $247,758.00 4 020 Bond for Landfill Sanitary $5,711.00 4 039 CMAR 6% OH&P on sanitary sewer plus bond prem. $15,208.00 5 021 R2 Trench Rock & Rock Bores-SWOPS; $216,281.00 5 R2 Trench Rock Blasting-ASF $97,870.00 6 022 Delete Cistern Sub-Base ($51315,00) 6 024 1 R2 Hardware Changes of 8/11/08 $1,801.00 6 026 R1 Soffits for Duct Issues $1,159.00 6 027 R1 Bulkheads @ 106,173,193 & 194 $1,974.00 6 029 RI 16' Ranged Coupling Adaptor $1,802.00 6 030 Delete Trap Primers ($8,655.00", 6 032 Recessed Valve Cabinets ($7,033.00) 6 034 R1 Room 148 Trench to FD-2 $337.00 6 036 Credit VE Plumbing Fixtures ($679.00) 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 Thdugh $4,067.00 6 059 Surgery Area Base Cabinets $11,304.00 6 060 Change all Asphalt to HD $1,809.60 7R2 021 R3 Adjustment to 21 R2 ($5.212.100"! 7112 014 R2 Credit for lobby Revisions ($11818,001 7112 023 Change 149 and 171 ceilings $583.00 7142 033 RI Well Water Testing $1,048.00 7142 038 R2 Street Sign Reconciliation 1$6,547.003 7112 041 Add Rear Gravel Walkway $477.00 7112 044 RI lAdd Oxygen/Surgery Changes ($768.00? 7112 048 R1 Cat Cage Grates $11,217.00 i N 10 Change Order Summary: Orange County Animal Services Facility Clancy & Theys Construction Company Updated: 8/6/2010 CO # PCO # ` 'Revision Description Cost 7112 049 Add Wave Dock Bumpers $1,259.00 7R2 054 Temporary Structure Silt pond $1,005.00 7112 056 Add Junction Box per DOT $3,597.00 7R2 065 Increase Door from 3' -0" to 3' -8" $108.00 7112 067 Delete Metal Shelves ($21512.00) 7112 070 Add 4" Fiber Sleeve Under Roadway $308.00 7R2 073 Add Pressure Treated Wood Bases $613.00 7R2 075 Delete Vortex Protectors ($1,142.00; 7112 077 Add dryer fire line $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 7112 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 7112 101 Reface cat condos $2,542.00 7R2 102 Add sidewalks/ramps $8,830.00 7132 103 Assemble Cat Condos $492.00 7R2 104 Install freezer $466.00 7R2 s , 8R3 031 Foundation Drain Trunk Lines $5,185.00 8R3 035 R1 Add Downspout Nozzles, etc. $2,680.00 8113 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 8113 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 R1 Furr shower walls for tile 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 ($301.00" 14 (9) 1 092 1 1 Install 3 dryer receptacles 1 $2,021.00 14 (9) 106 Credit for Owner Installed equipment 1 $3.465.00? Change Order Summary: Orange County Animal Services Facility Clancy & Theys Construction Company Updated: CO # PCO # Revision Description -. 14 (9) 109 Paint downspout leaders 14 (9) 114 Credit unused grading 14 (9) 117 Walk -in freezer credit 14 14 (10) 084 Plumbing and controls scope not in Quate scope 14 (10) 090 Rl Re -work RFD covers 14 (10) 093 Upgrade site lighting 14 (10) 100 Replace lighting sleeve 14 (10) 105 Revised floor drains, well pump, etc. 14 (10) 107 Temporary glass for alarm testing 14 (10) 112 Repainting and Touchup 14 (10) 116 Six trench drain covers and sally port 14 (10), 14 (11R) 017 Interior control joints added in CMU 14 (11 R) 063 Extend Gas to Rogers Road 14 (11 R) 085 R1 Plumbing revisions' 14 (11 R) 111 I Post move touchup painting 14 (11 R) 115 Owner furnished equipment connections 14 (11 R) 14 (13) 23 R1 Change 149 and 171 ceilings 14 (13) 028 Overhead dock door buttons 14 (13) 118 Roof curb relocation error by C &T 14 (13) 119 15% markup on CMU sealant installation 14 (13) 120 Survey to find dimensional errors on dwgs 14 (13) 121 Repaint entry ceiling 14 (13) 122 Error in base contract amount for Aspalt Experts 14 (13) 123 Stainless steel scope gaps and rework 14 (13) 124 IRN 89 math error on PCO 5R1 14(13) 14 (rec) Close -out adjustment credit Totals: Notes 1. Reduced per agreement with CMAR 8/6/2010 ;ost $639.00 ($ t 8.036.00 ?6,638.00`- $14,263.00 $1,658.00 $940.00 $1,757.00 $2,412.00 $1,542.00 $3,668.00 $1,126.00 )7;366,00? $454.00 $16,747.00 $41,608.00 $3,316.00 $301.00 $441.00 $874.00 $668.00 $2,188.00 $151.00 $1,296.00 $2,368.00 $2,141.00 $10,428.00' 132,239.00} $3;193.00 $731,059 11 y� ORANGE COUNTY NORTH CAROLINA THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES (this "Amendment ") is made effective this Al &day of 2010, (the "Execution Date ") by and between ORANGE COUNTY, NORTH C OLINA ( "Owner "), and CLANCY & THEYS CONSTRUCTION CO.,, a North Carolina corporation ( "CMAR ") (Owner and CMAR to sometimes be referred to together herein as the "Parties "). WITNESSETH: WHEREAS, Owner and CMAR entered into an Agreement for Construction Mana eg r 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 Maximum 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 $8,189,559.00 (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. 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 Agreement 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. [Signature Page to Follow] K 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. ancy, Executive Vice President Attest: By: Title: xnbr- n. er' (Secretary) (Manage fitness OWNER: ORANGE COUNTY, NORTH CAROLINA P. O. Box 8181 Hi g N.C. 27278 By: 4)L_4_t�L Valerie Foushee; Chair of Orange County Board of Commissioners Attest: I aj Donda 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. uu'c- �- jite, Orange County Finance Officer This instruW'rit is approve)i as to Form. 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) $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 $731,059 Final Payment Due - Payment Application #15 $130,492 $8,189,559 $8,059,067 $130,492