ORD-2010-082 Animal Services Facility Third Amendment to Agree Construction Manager at Risk & Approval of Budget Amendment # 2-A

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ORP- ";�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.