HomeMy WebLinkAboutAgenda - 12-04-1995 - IX-A {
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ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
item No. _TY_A
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4,1995
SUBJECT: Contract Approval;Jail/Courthouse Project
DEPARTMENT: PURCHASING AND Public Hearing:Yes: No: XX
CENTRAL SERVICES Budget Amendment Reqd? NoXX
ATTACHMENT(S): INFORMATION CONTACT:
Contract PAM JONES, ext.2650
Telephone Number-
Hillsborough 732-8181
Chapel Hill 967-9251
Mebane 227-2031
Durham 688-7331
PURPOSE: To consider approving a contract with Trafalgar House Construction Company for construction
of the Jail/Courthouse project.
BACKGROUND: Information presented to the Board on September 5 as the amount of bid award for the
Jail/Courthouse Project ($3,408,642, negotiated from $3,765,000) included some items which required
approval from outside sources;for example the Historic District Commission and the project engineer. While
the necessary approvals have now been obtained,the final contract amount($3,482,968)is more than that
which was previously awarded. The$74,326 increase is in large part attributed to two items:
1 The alternative roof design was reviewed by the Hillsborough Historic District and while they
ultimately did approve an altemative roof design, it was different than the one suggested.
Their approved version yielded a lesser credit than what was cited during the September 5
presentation; and
2 A pre-cast planking system suggested by the contractor in the jail construction was
considered inadequate by the project engineer and was not allowed.
Please note that although the contract was negotiated from $3,765,000 to $3,482,968 neither the
functionality nor quality of this project has been jeopardized. In addition to the two items listed
above, other sources of negotiation which yielded significant credits include: Re-negotiation by the
contractor with the subcontractors; revising backfill material and design of the berm vs. concrete
retaining walls to the north of the project; revised lighting requirements (which resulted in a more
energy efficient lighting design); and modifying the hot water capacity and electrical panel capacity
to meet the needs of the addition, but not necessarily future expansion (chances for expansion within
this facility are extremely limited anyway).
The Board is requested to approve the final contract with Trafalgar House at the$3,482,968 amount. You may
recall that we had included in the funding of this project approximately $299,000 for contingency. The
increased contract amount would reduce the contingency to approximately$225,000. Trafalgar House has
indicated that they will continue to pursue cost saving measures and pass the savings on to the County,which
would serve to off set any necessary change orders and minimize the use of the project contingency money.
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If the Board chooses the approve the contract, the documents would be executed as quickly as
possible, with work to begin approximately ten (10) days subsequent.
Recommendation: The Manager recommends that the Board approve the contract with Trafalgar
House Construction Company for the construction of the JaiVCourthouse project in the amount of
$3,482,968, contingent upon Attorney and Staff review; and authorize the Manager to execute
change orders as may become necessary to the extent of the project budget; and authorize the Chair
to sign on behalf of the Board.
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Standard Form of Agreement Between
Owner and Contractor where the basis
of payment is a Stipulated Sum
AIA Document A101 -E/kbnnle Format
AGREEMENT
made as of the 4th day of in the year of
Nineteen Hundred and Sba Fives
BETWEEN the Owner:
fiver o and d*na)
O=ty aE owge
L32 Btt KIM 92xst
N.C. 27176
and the Caatrttetar:
(Nava and ddrws)
TrRfalgat Houle C_2pons(tm.Im
P. O.Aox14387
Research Triantde Pelt.NQ-_27709
The Project is:
(Naa+<11 and loaardoW
Oang a a=ky Fail tad Qathmm
Addition and Amcuktim
u5 ta,,.r N.C. 277 78
The Architect is:
(NaAU,wd addwv
Grim-FiiM Att3libector FJ-
9001 Arrowtidtte Blvd.
Charlotte,NC 28'273-�
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICAVON. AUTHENTICATION OF THIS
SLECI'AONICALLY DRAFTED AIA DOCUMENT MAY OIL MADE BY USING AIA DOCUMENT D401.
The 1937 Edition of AIA Dona and A201,Oenenl Coddhiom of the Caat;wt for Camob ne6w,is adapted in dds docuawnt by
reference. Do not user with adidr Seneral eaWitionst vallm this daauarent is mod fled This document ho been approved and
endorsed by The AsaoehwA General Comeraeton ofAsmvioa.
Copyright 1917. 1913, 1925, 1937, t9lt.1932. 1%1. 1963. 1%7, 1974, 1977,eopyrilk 1927 by the Asmrican Indurate of
Architects. 1733 New York Avenue.N.W.Washington D.C.20006.5292. Reproduaioa of the material hends or snbstlultial
gnowtion of its provisions without wrimm permission of the AIA violates tlna copyright laws of dw 1laited States and will ba
subjea to legal proseeuttoa.
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The Owner and Contractor agree as set forth below.
ARTICLE 11
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement. Conditions of the Contract(0everal, Supplementary and
other Conditions). Drawinim Specifications, addenda issued prior to execution of this Agreement, other
documents hated In this Afire meat and Modifications issued after execution of this Agreement;these form the
Contract, and are as flatly a port of the Contract u if sneched to this Agreement or repeated berein. The Contract
represents the entire and integrated ogreemett between the parties hereto and sapsrsedes prior Negotiations,
representations or sgrumants,either written or oral. An enumeration of the Cattraet Documents. other than
Modificatiom appears in Article 9.
AR11CLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifiaWy indicated in dw Contract Doeurtsats to be the responsibility of others,or as follows.
General Contrast Wotk Week Coaak as of alts Poltowi m
The Asxreearent:All Addenda:Gtaeral Cow' ,Q the Ccntr= Sltvnteteentar Gsanai Cmditiam-,
Specificatigm Qjylstona 1I t>>totet111d:pjaw►tg�Shesta IndcL tad vbtaa>141:1INK118 wgwiaat~.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of c 3mmeneaaent Is the daft from which the Contract Tame of Paragraph 3.2 is measured, and
"I be the date of this Agreement,as first w+rlmen above,unless a different data is stated below or provision is
made for the date to be fined In a nodos to proceed issued by the Owner.
(Gtsan eiw dent ofcaewlteaeawK Vie dWimPan de dam 4WdWs AWnumenc or.V 4 am eyes lilt dote will be fixed in
a aoelos to proweit)
Date of Coemnettc MWW Will be ffrrsd In a Necker{o Pnxse_ksu i 6r the Owner.
Unless the date of coenmsawo_ is tMablislied by a notice to p wAW issued by the Owner. the Contractor shall
notify the Owner in waiting not teas titan five days before ocamencing tie Week to permit the timely Ming of
mortgages,mdalsmn ft tiaas and other seeuIty into Sts.
3.2 The Contractor shall achieve Substantial Completion of the entire Work sot later than
(rmwi elm aelandvi dare or s water grealsedw Aqw a0kr dins dons q(eerwianowm r o. dire itew my nop&mcnie for carper
Sabseamiml CoWalla n grcwvs a ppihm q f Ae Iral It p'aol tlamd elwvihem in ear Caw paw DwamentL)
mum Hzzbs3 01dra w dW AN the Date of C mtnenSAMUL
,subject to adjustments of this Contract Time as provided in the Contrast Documents.
(huarr pramlow.Ilanyt fir Nya Mined dala"m.wiwhW to fothw te,tempters on d w4
WMgMed ,,Damaaas for this Coetraat erg,identltied let tbg 39004nt00"general Conditions.Paramoh 6.2.1;
Ain socumew'kill.o*WU-C0WnL►cM Ao%UMWY•TW W- M wti -ALA.cewa,wrt Mar.Tut Naauaiu+onrrsvrt or Astwrse'ra.+n�Haw
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ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in tomcat funds for the Contractoes performance of the Contract the
Contract Suet of t Mil 'otns - Hodad Ej&Y`.tct ham, �
� d 2000 Dollars
(S-3,482,901 '). subject to additions and deductions as provided in the Contract Dowmants.
4.2 The Contract Sum is based upon the following alternates. if any. which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the hrwbers Or dthV f*40eat(e01 W""Piid al(ernaw. I,fAwWons an cries aUouaw we ea be wade by the owner
u4sevotm to the erecertton of rift A"waR attach a scieAmle of sw4 other alternow chow ft tin awa w.Ar gwA and nine
date WWI wbdeh dot W"UW ds.d")
($f,Exhlbli-A-1
4.3 Unit prices,if any,at a follows. iI
q�Tt LE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect.the Owner shall make progms p ytnants on account of the Contract Sum to the
Contractor as provided below and elsawbere In the Contras Docments.
5.2111 period covered by each Application for Payment shall be one calendar mumb ending on the last day of
the month,or as follows:
5.3 Provided an Application for Payment is received by the Architect not lacer tiara the hqL day are month,the
Owner shall make payment to the C4tttnator not later than the. t1 ,day of tAe ,month. If an
Application for Payment is received by the Architect altar the application date flood above. payment shall be
made by the Owner ON tsar dun Pifteeltdays alter the Architect receives the Application for Payment-
5.4 Each Application for Payment"I be based upon the Schedule of Values submitted by One Contractor in
accordance with the Contract Documents.The Schedule of Values shall allocate die entire Contract Sum same
the various portkm of the Work and be prepared In such four and supported by such data to substantiate its
accuracy as the Architect may require. Thin schedule. unless objected to by the Architect. shall be used as it
basis for reviewing the Co tmtoes Applications for Payment.
8.S Applications for Payumat shall indicate the percentage of completions of each portion of the Work as of the
and of the period covwed by the Application for Payment.
5.B Subject to the provislons of the Contract Documents, the amount of esab progress payment shall be
computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work sa determined by
multiplying the percemage completion of each portion of the Work by the share of the total Contract Sues
allocated to that portion of the Work in the Schedule of Values,leas retainage of TjM percent(Lo Lye) . Pending
final determination of cost to the Owner of changes in the Work. atrounts not in dispute may be included as
AIA oomumt Am AtA-CGrAa1T 1M7-ilia AMVWAX tN'irMM Or A8CWA CT%Ins REW
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provided in Subparagraph 73.7 of tha General Conditions even though the Contract Sutra has not yet been
adjusted by Change Order;
5.6.2 Add that portion of the Contract Sum property allocable to materials and equipment delivered and suitably
stored at the site for subsequent Incorporation in the completed construction(or.if approved in advance by the
Owner, suitably stored of the site at a locadoa agreed upon in writing),less retaiow of Tan percent L1,Q_'/i):
6.6.3 Subtract the aggregate of preview payments made by the Owner.and
5.6.1 Subtract amoasts, if say. for which the Architect has withheld or sullifred a Certificate for Payment as
provided in Paragraph 9.S of the G=wral Conditions.
5.7 The progress payment amount determined In accordance with Paragraph S.d shall be fiuther modified under
the following circumsiadces:
5.7.1 Add. upon Substantial Completion of the Work,a sum suffuent to immase the t*W payments to lyjgr�y
percent(20 %)of the Contract Sum6 tare such arnearn as the Architect shall determine foot incomplete Work and
unsettled cW mx and
6.7.2 Add, if finial completion of the Work is thereafter materially delayed tiuoagh raw fanh of the Contractor.
any additional amounts payable la woordance with Subparagraph 9.10.3 of die General Conditions.
5.8 Reductian or limitation of retaiaage,if say,shalt be as follows:
(flit it WCAWsd prtar 10 Sbbstsatld Costpletiaw if/the emhv stork to redree of liwit the retalrw rswlting ft em tier
pereen[aW fi wH#d in Smbparagraplts S.&l acid 5.6.2 abew. and 1h&&Ant ssplal)ud ebewdow in 1AW Cantraet Docanonts.
t+uarr herepro+taiomfiv sorb mdwdm or HM1kM10r<)
Per the Re uirern fa of the Contract Dowtnetts. SOCA"01921
ARTIQt.E s
FINAL PAYMENT
Final payment,constituting the entire unpaid balance of the Contract Sam,shall be Made by the Owner to the
Contractor when (1) the Contract has been fully performed by else Contractor except for the Contractor's
responsibility to correct 0020Miormi —Work as provided in SubpsarxpWb 12.2.2 of the General Conditions and
to satisfy other requinmests, if say,which necessarily survive fiaai payment;and(2) it final Certificate for
Payment has been issued by the Architect;start$aril paytmeat ftil be inside by the Owner not more than 30 days
after the issuance of the Architeds final Cartiftoato for PaymevL or as follows:
Per the Regwre__Iggats of tlia Carttraet DttcusfM&
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where refereaee is wade in this Agreament to a provision of the Oenaral Conditions or another Contract
Document,the refamce refers to that provision as anumded or supplemented by adw provisions of the Contract
Documents.
7.2 Payments due sad unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or In the absepes thereof. at the legal rate prevailing from time to time at the place where the
Project is located.
anvarr rate of"Werest sword qN%K I/dev
prime Rate W Dgt4rMiW&bX Wacb0la Bank.RAleitth,North h Carolina
(Usury laws and requirealents wader the Federal rrwh in Lending Au.similar ethic self local collsuser credit lane end other
regulations at the 0WWr'4 atnd CoMrWW's principal pfaees of brsinass, the/oration of tAw Project and e4ewilere lacy affect doe
validity of this provfslan. Lgal advlar,rA*u1d be obtained with raspset to driettvnr or modljtcations, and dfo regarding
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regaimmoats such as wrltfsrl dirdoet M or mrlwrs.)
7.3 Other provisions:
$8710 8
TERMINATION OR SUSPENSION
6.1 The Contract may be termladed by the Owner or the Contractor as provided in Article 14 of the Getural
Coaditions.
8.2 The work may be suspsaded by the Owner as provided in Article 14 of the General Cottditioas.
611TICLE9
ENUMERATION OF CONMCT DOCUMENTS
a1 The Canu=t Documents,except for MoMeatlons issued after eaecutiee aftliis Aermmma.are enumerated
as follows:
9.1.1 The Agreement is tiffs executed Standard Form of Agra meeat Between Owner and Contractor. AIA
Document A 101. 19187 Edition.
9.1.2 The General Conditions an the Cmnsrai Conditions of the Cataract for Consnrecdon,AIA Do"ment A201,
087 Edition.
9.1.3 The Suppieme itary and other Condidom of the Contract an those contained in the project Mmasi deed
X11993 •and are as foLlow=:
Document Two Paps
See Exhibit-0-
9.1.4 The Specifications in thole o tftained in the Project bftual dated as in Subparogtaph 9.1.3.and are as
follows-
(F.eli w 144 die specokolow here or n op to so=b/bit Anerhad b A&Arvemw r.)
Section Title Pages
Sea Exhibit OC14
9.1.5 The Drawing are as toilawa,and ate dma,-- — -_valesa a differeat date is shown below:
( %4wr lfst the DhvWAV JWm or mAr to M exUbu evaAtrd is M&Arwmewt.)
Number Me Data
Sgt Exblbll"D"
9.1.6 The addenda,if any.we as follows:
Number Data Pages
Add la. 1 1 -2 plus afthgyW
Add. No 2 L-2 2W attacitunts
Add.Rio. 3 1 -4 olus Mtn luseets
MA DOCUMaM 1.141•Oenlla.COarrsACSOa A RMr<IIT-TWV "tA"W-AIA.COPYRIGHT 1911-TM AOUZWMf Rd7tTM M ARCYO7tM!W NEW
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Portions of addends relatiaS to bidding requirements we not part of the Contract Documents unless the bidding
requirements are also enumerated is this Article 9.
9.1.7 Other documents,if any,forming part of the Contract Documents are as follOws:
(list lath any addltlowd Amomeno whwh aw twumhd to fume parr ojtlie CowerasY DowNSeMer Tits General CoweUtlosu provide
dust bwding requArenawttt nwA or advardsommm or tnWtatlon so W4 lerowiiowr to BkWw&sappkj wj and this Cawroator'1
bld are no parr of the tsatt+art Documents odds samww and tw thm Aert ems t. 7bsj►shoved be fisted ken away(f itstrneled to
be part of Ae CO MPON Deetrwems)
This Agrownest is entered imo as of the day and year 9mt written above and is Mmuted in at least three original
copies of which one 9s to be delivered to the Contractor,one to the Architect fot use in the administration of the
Contract,and the remainder to the Owner.
OWNER.;. aE t]ne® CONTRACTOR__TAhkff Hoes!!Constt M§Mh Ina
• (Sllplaal„r) (Stpaegry
(Prbded+taws and AWN (Prtwbd Maws OW tWi�
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