HomeMy WebLinkAboutAgenda - 03-27-2007-5lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 27, 2007
Action Agenda
Item No. ~_
SUBJECT: Contract Amendment: Linked Economic Development and Affordable Housing
Foundation (LEDAHF)
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S):
Agreement
INFORMATION CONTACT:
Pam Jones, (919) 245-2652
PURPOSE: To consider approving a contract with Jeff Thompson through the Linked
Economic Development and Affordable Housing Foundation.(LEDAHF) to provide construction
management services to the County.
BACKGROUND: The County initially approved a contract with the Jeff Thompson, through the
Linked Economic Development and Affordable Housing Foundation (LEDAHF), in 2005 to
provide services associated with construction management of the Seymour Senior Center and
the Central Orange Senior Center. The contract provided approximately 600 hours for a total of
$35,000 (approximately $58/hour). Commencement of several County projects is imminent,
including the Justice Facility Expansion, Animal Services Facility, Solid Waste Administration
Offices and the County Campus buildings. While Mr. Thompson has been providing limited
services through the development of the work, construction management will require
significantly more hours than are included in the original contract. The new contract, with terms
cited below, will take the place of the existing contract. Therefore, all work will be completed
within the $8,100 per month agreement as approved by this action.
The effectiveness of this method of construction management has served the County well. The
attached contract will provide the same level of construction management for upcoming.
projects. Services. provided under the previous and the proposed contracts include, but are not
limited, to the following:
a) Supervise and manage project development, construction and establishing operations
of the Projects to include but not limited to:
1. Facilitation assistance for the County Staff;
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2. Contract preparation and negotiation;
3. Due Diligence organization and supervision;
4. Financing structure planning and assistance;
5. Budget preparation, cost control, arid value engineering;
6. Facilitation and supervision of the pre-construction, design and construction
process;
7. Supervision of selected vendors'and professional firms throughout this
process to include assistance to County Staff on financial controls through
development and construction;
8. Scheduling and critical path management;
9. Communications to Staff and the Board of County Commissioners ("BOCC");
10. Facilitation and supervision of the transition operations period;
b) Provide documentation of the full process;
c) Attend all meetings and be reasonably available at all times for the County Staff and
the BOCC;
d) Execute any instructions as directed by County Staff.
This contract allows the County to access Mr. Thompson's skills for other ad hoc projects as
well. A recent example includes his evaluation of issues associated with the bids for
Elementary #10. He has also provided technical review and comment of the revised School
Construction Standards. He would be available to provide assistance as required on
construction projects for the schools as well.
FINANCIAL. IMPACT: The annual cost of the contract with Linked Economic Development and
Affordable Housing Foundation (LEDAHF) totals $97,200 plus reimbursable expenses. In
accordance with the County's Capital Funding Policy, funding for the contract would. be covered
by $100,000 set aside from the County and school pay-as-you-go capital funding.
RECOMMENDATION(S): The Manager recommends that the Board approve a contract with
Jeff Thompson, through the Linked Economic Development and Affordable Housing Foundation
(LEDAHF), for $8,100 per month to provide construction management services as outlined in
the attached contract; and authorize the Chair to sign on behalf of the Board.
Orange County Development Management Services/LEDAHF
Agreement for Project Management Services
This Agreement for Project Management Services is made and effective , by and
Orange County, North Carolina ("Orange County" or "Client") and the Linked Economic Development
and Affordable Housing Foundation, Inc., ("Project Manager", or "LEDAHF").
1. Purpose. Orange County retains LEDAHF as its Project Manager for various County
directed consulting, land development, construction and operations projects ("Projects") to include but
not be limited to: Southern Orange Senior Center, Central Orange Senior Center and Sportsplex,
County Campus, Justice Facility, Animal Shelter, Jail Expansion, County Public School Projects, 911
Center move and upfit, the Chapel Hill Courtroom, and County supported Affordable Housing
Projects. LEDAHF agrees to provide such services in the proper manner and represent the Client's
interests to the best of its abilities, all according to the terms of this Agreement.
2. Subject Matter. LEDAHF will act as Orange County's Agent and complete the following
described services:
a) Supervise and manage project development, construction and establishing operations of the
Projects to include but not be limited to:
1. Facilitation assistance for the County Staff;
2. Contract preparation and negotiation;
3. Due Diligence organization and supervision;
4. Financing structure planning and assistance;
5. Budget preparation, cost control, and value engineering;
6. Facilitation and supervision of the pre-construction, design and construction process;
7. Supervision of selected vendors and professional firms throughout this process to
include assistance to County Staff on financial controls through development and
construction;
8. Scheduling and critical path management;
9. Communications to Staff and its Board of County Commissioners ("BOCC");
10. Facilitation and supervision of the transition operations period;
b) Provide documentation of the full process;
c) Attend all meetings and be reasonably available at all times for the County Staff and the
BOCC;
d) Execute any instructions as directed by County Staff.
3. Other Matters. This Agreement contemplates that the Project Manager will represent the
Client only with respect to the matters described above. Any other matters, except those incidental to
and necessarily related to the covered matters, shall not be performed by LEDAHF without the prior
written authorization and agreement with Orange County.
Orange County Development Management Services/LEDAHF
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4. Fees. Client agrees to pay LEDAHF a fixed monthly fee ("Fee") in the amount of Eight
Thousand One Hundred Dollars ($8,100) for the services provided pursuant to this Agreement. This
compensation is related to a minimum of 35 hours per week of time dedicated to the Projects and
other directives of the Orange County Staff. LEDAHF will devote the entirety of Jeffrey Thompson's
time and talents (less the required administrative time for LEDAHF Executive Director duties in
service of its Board) to Orange County Staff. All existing contractual obligations and unpaid fees due
to LEDAHF related to the Orange County Sportsplex and the Southern Orange Senior Center
(approximately $29,500 through 10/31/06) will be relieved as of the execution date of this Agreement.
Any significant change in the scope of services required by Orange County that warrant an increase
in this total compensation amount will be addressed in an addendum to this Agreement agreed to by
both the Client and the Project Manager.
5. Reimbursable Expenses. Client shall reimburse the Project Manager for its direct costs
incurred to only include reasonable lodging, reproduction expenses, presentation expenses, and
mileage at the rate of $.40 per mile. Telephone expenses will be the responsibility of the Project
Manager. All reimbursement expense reports must by approved by Orange County Staff. Orange
County will provide office space and support when LEDAHF is working in Orange County on the
assigned Projects.
6. Termination of Services. Client may terminate this Agreement if the Project Manager is in
breach of its obligations contained in this Agreement. Project Manager may terminate this Agreement
if Client is in breach of its obligations contained in this Agreement. Orange County may terminate this
Agreement at any time subject to Client's obligation to pay Project Manager for services rendered (to
the date of termination) pursuant to this Agreement.
7. Independent Contractor. Each party is, and shall remain, an independent contractor with
respect to all services performed under this Agreement. Nothing is intended or should be construed
in any manner as creating or establishing the relationship of co-partners between the parties or as
constituting either party as the agent, representative, or employee of the other for any purpose or in
any manner whatsoever. Each party represents that it has or will secure at~its own expense all
personnel required in performing their respective services under this Agreement. Any and all
personnel of either party or other persons engaged in the performance of any work or services under
this Agreement shall have no contractual relationship with the other party, and shall not be
considered an employee of any other party. Any and all claims that might arise under the
Unemployment Compensation Act, the Workers' Compensation Act of the State of North Carolina, or
any other applicable Federal or State law, rule, or regulation on behalf of said personnel, arising out
of employment or alleged employment, including, without limitation, claims of discrimination against
either party, its officers, agents, contractors, or employees shall in no way be the responsibility of the
other party. To the extent permitted by law, each party shall defend, indemnify, and hold the other
party, its officers, agents, and employees harmless from any and all such claims.. Such personnel or
other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind
whatsoever from the other party, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, Workers' Compensation, Re-Employment Insurance, disability, severance
pay, or PERA.
Orange County Development Management Services/LEDAHF
8. Notices. Any notice under this Agreement shall be effectively given upon deposit in the
United States mail, postage prepaid, by facsimile, or by recognized overnight delivery service
addressed as follows:
Client: Orange County
CIO Pam Jones, Director of Purchasing
200 South Cameron Street
PO Box 8181
Hillsborough, NC 27278
(919) 245-2652
(919) 644-3001 (fax)
Project Manager: LEDAHF, Inc.
C/O Jeffrey Thompson, President
123 North Main Street
Belmont, NC 28012
(704) 825-8868
9. No Assignment. Client and Project Manager agree that neither party may assign nor
transfer any rights nor obligations under this Agreement, directly or indirectly except upon the prior
written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and
inure to the benefit of the parties hereto, their successors and assigns.
10. Final Agreement. This Agreement includes the entire understanding and agreement
between Client and Firm on the subject matter hereof. This Agreement may be modified only in
writing signed by both parties.
Orange County Development Management Services/L.EDAHF
In witness whereof, the parties hereto have caused this Agreement to be executed as of the date first
above written.
Orange County, North Carolina
By:
Moses Carey, Jr., Chair
Orange County Board of Commissioners
ATTEST:
Donna S. Baker
Clerk to the Board of
Commissioners
For LEDAHF, Inc.
Jeffrey E. Thompson
President