2008 Abstract - Purchasing - Amendment to the County Campus Construction Manager at Risk Agreement to increase funding for Enhanced Energy Use HVAC System

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relocation to the office building: Information Technology (IT), Planning and Inspections, Environmental Health, Economic Development, Environment and Resource Conservation, and Engineering as well as capital projects, risk management and other functions that may .remain following the re-organization of the Purchasing office into the Financial Services Department. FINANCIAL IMPACT: The Construction Manager at Risk Agreement will be amended to reflect the increase of the HVAC system in the amount of $445,569 and a deduction in the amount of $397,806 for design costs, bringing the total price to be paid to the developer to $23,477,291. The Board will recall design services were originally included in the developer's contract price. However, by statute, the County must contract directly with the designers in a CMAR arrangement. The Board approved the design fees on December 11, 2007. Earlier concerns regarding an increased cost from the developer on the initial contract amount did not come to fruition. The addition of the energy improved HVAC design is the sole addition to the CMAR agreement cost. The Agreement stipulates the County will close on the purchase of the Gateway Center at the conclusion of the one year and one day lease for the space, which would occur in February 2009. The remaining portion of the project will likely close after July 2009. This timing is calculated on the Agreement stipulation that closing occur within 13 months of the date of delivery of the final upfit plans to the County, which occurred on July 10, 2008. The Capital Investment Plan includes additional funds above the purchase price to fund items which are the County's responsibility, such as tele-data wiring, phone systems, furniture, moving costs, etc. Staff reviewed the agenda materials from past Board discussions and approvals for this project. The January 15, 2008 agenda abstract notes, "The Board is reminded that the construction cost of $17,939,079 as reflected in the Purchase Agreements for the office building and library include an upfit allowance of $33/square foot for the office building and $55/square foot for the Library. The County will be responsible for any costs for upfit and sustainable design elements that exceed these amounts. The upfit allowances have not changed from the June 2007 agreements approved by the Board." RECOMMENDATION(S): The Manager recommends the Board approve a contract amendment to fund energy improving enhancements to the HVAC system in both the office building and library at the new County campus in the amount not-to-exceed $445,569, subject to County Attorney approval; and authorize the Chair to sign on behalf of the Board.