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HomeMy WebLinkAboutAgenda - 10-18-2005-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 18, 2005 Action Agen~d b Item No. SUBJECT: Contract Approval: Construction Management Services for Southern Orange Senior Center DEPARTMENT: Purchasing ATTACHMENT(S): Draft Agreement Estimated Hourly Time Commitment PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: Pam .!ones, (919) 245-2652 PURPOSE: To consider approving an agreement with Jeff Thompson through LEDAHF, Inc. to provide construction management services far the Southern Orange Senior Center. BACKGROUND: For some time, the County has contemplated the appropriate utilization of a construction manager for multiple County projects in various stages of development. The County's current projects include: • Southern Orange Senior Center (bid awarded, final contract negotiation imminent, constnictian commencement estimated no later than mid-October, 2005); and • Central Orange Senior Center, being developed as an addition to the Triangle Sportsplex (acquisition of Sportsplex anticipated prior to December 1, 2005, construction commencement of Senicr Center anticipated no later than March 1, 2006); and • .lustice Facility Expansion Project (schematic design on-going, construction commencement anticipated fall, 2006); and • Animal Shelter (land acquisition approved by BOCC, RFP for architectural services in development, construction commencement anticipated in 2007, after SUP/ZCP approval by Town of Chapel Hill); and • Durham Technical Community College (State in lead role for construction project; County providing input as appropriate; general project monitoring required by County). Construction Manager at Risk will be the recommended contracting mechanism for the construction of the Central Orange Senior Center/Sportsplex project after closing on the property. Among others, the team that would provide those services will include Jeff Thompson, through the Linked Economic Development and Affordable Housing Foundation, Inc. (LEDAHF), Mr, Thompson has provided invaluable assistance and demonstrated excellent project management skills throughout the Sportsplex acquisition process. In addition to the project management skills, Mr. Thompson holds a North Carolina general contractor's license and has excellent knowledge of construction means and methods, Since both the Central Orange Senior Center and the Southern Orange Senior Genter will be under construction during the same time periods, it is recommended that the County retain Mr. Thompson to provide construction management services for the Southern Orange Senior Genter as well, Costs of overall construction management spread over the two senior center projects will provide considerable benefit of Thompson's time to the County. Duties that would be carried out by Mr. Thompson are outlined on the attached schedule, with highlights as summarized below: • Finalizing contract, an example of which is to assist in negotiations of final contract details, particularly in regard to assessment of value engineering recommendations; • Finalizing regulatory approvals, such as coordinating with contractors and designers regarding final requirements for the Chapel Hill Zoning Compliance Permit (ZGP), assuring timely response on the part of all parties in order to obtain approval as quickly as practicable, • Provide on-site construction observation as the "owner's eyes and ears" and coordinate with the designer on resolving issues that will arise, • Attend project meetings on owner's behalf, • Provide regular project status reports to County Commissioners and staff, • Assist in all phases of project development through facility opening. The attached schedule estimates approximately 600 hours to be spent over a 14-month period The scope of work included in the contract includes limited work that would be carried out after the opening of the facility, such as systems training for staff and certain on-going issues that may be associated with assuring the building's systems are balanced and the building is functioning as intended. FINANCIAL IMPACT: The cost of the agreement for construction management on the Southern Orange Senior Center Project is $35,000, plus reimbursable expenses, such as mileage, A minimum expenditure of hours is set at 600 hours, which equates to approximately $58 per hour. As a paint of reference, architects will generally assess an hourly rate ranging from $75-$125, depending upon the classification of employee, for similar oversight work that may be included in the design contract. The Commissioner approved current year General Fund budget included $100,000 for constnaction management of School and County projects (General Fund -Governing and Management function). The source of funds for this initiative included $40,000 from the County's pay-as-you-go long range capital funding appropriation for fiscal year 2005-06 along with $60,000 from the School's 2005-06 pay-as-you-go long range capital funding appropriation. Funding for this contract would come from the County's contribution to the Construction Management initiative, RECOMMENDATION(S): The Manager recommends that the Board approve an agreement, subject to review and approval of the County Attorney and staff, with LEDAHF, Inc. in the amount of $35,000, plus reimbursable expenses, for construction management services provided by Jeff Thompson far the Southern Orange Senior Center Project; and authorize the Chair to sign on behalf of the Board, Southern Orange Senior Center Agreement: Orange County/LEDAHF Agreement for Project Management Services [DRAFT] This Agreement for Project Management Services is made and effective October 3, 2005, 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 the construction and start up operations of the Southern Orange Senior Center ("Project"), 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 the full process of constructing and establishing operations of the Project to include but not be limited to: 1, Facilitation assistance as may be needed by County Staff; 2. Assist in construction contract preparation and negotiation; 3. Facilitation and supervision of the pre-construction and construction process; 4, Supervision of selected vendors and professional firms throughout construction to include assistance to County Staff on financial controls throughout construction; 5. Scheduling and critical path management; 6, Communications to the Board of County Commissioners (BOCC) and Staff; 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, Estimated hourly commitments by project component is attached as Exhibit A and is incorporated herein by reference, 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, 4, Fees. Client agrees to pay LEDAHF a fixed monthly fee ("Fee") in the amount of Two Thousand Five-Hundred Dollars ($2,500) for the services provided pursuant to this Agreement, The total compensation shall not exceed $35,000 for the scope of services outlined in 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. Southern Orange Senior Center Agreement: Orange CountylLEDAHF .5. Costs and Expenses. Client shall reimburse the Project Manager for its direct costs incurred to only include reproduction expenses, presentation expenses, and mileage at the rate current being used by Orange County for employee mileage reimbursement (currently $0.40 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 working in Orange County on the Project. All reimbursement requests will be combined and diluted with all other Project work contracted between the Client and LEDAHF (i.e. the Triangle Sportsplex and the Central Orange Senior Center Project). 6. Termination of Services. Client may terminate this Agreement if the Project Manager is in breach of its obligations contained in this Agreement. The 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. (Jeff, PERA is a new term to me...what does the acronym stand for?) 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 C/O Pam Jones, Director of Purchasing 129 East King Street PO Box 8181 Hillsborough, NC 27278 (919)245-2652 (919) 644-3001 (fax) Southern Orange Senior Center Agreement: Orange County/LEDAHF Project Manager: LEDAHF, Inc. C/O Jeff Thompson 123 North Main Street Belmont, NC 28012 (704)825-8868 (704) 825-8869 (fax) 9. No Assignment. Client and Project Manager agree that neither party may assign or transfer any rights and 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. Southern Orange Senior Center Agreement: Orange County/LEDAHF 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. .Jeff Thompson President 7 Southern Orange Senior Center Project Manager Time Budget Phase Description Pre-Contract Post bid scope definition Communications protocol, management Documentation protocol, management Value Engineering Duration Three Weeks Contract, pre-construction Execution, documentation of contract 2 months CD preparation ZCP processing Status meetings Construction Site inspections (wip, safety, cleanliness) 9 months Contractor, Architect.Owner liaison Change order (if necessary and unavoidable) protocol Pay application protocol, validation Clean Up Upfit, Landscaping cleanup 1 Month Inspections closeout Utilities closeout Certificate of Qccupancy Punch/Turnover Initial and Final Walkthrough 2 weeks Turnover meetings Furniture coordination Move-in, post construction Move in coordination 1 month Initial systems workout with staff and contractor g Time Budgeted (hours) Deliverables 20 protocol to team protocol to team definitive scope 80 protocol for ongoing meetings 360 site reports if necessary 702/703 processing protocol 60 Clean/pre-turnover matrix 40 Architect punch management Final user liaison Installation management 40 Move-in coordination matrix 600