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HomeMy WebLinkAboutC07-223 Reilly Johnson Architecture_second amendmentSECOND AMENDMENT TO THE AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR THE JUSTICE CENTER CAMPUS FINAL PROGRAMMING AND ENHANCED CONCEPT DESIGN AND COST ESTIMATING (3 pages) THIS Second Amendment to the Agreement Regarding Provision of Professional Services for the Justice Center Campus Final Programming andanced Concept Design and Cost Estimating is made and entered into this � day, �Y2007 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Reilly Johnson Architecture, a Colorado corporation (hereinafter referred to as "Architect"). WHEREAS, County and Architect entered into an Agreement dated August 2, 2005 ("Original Agreement") for Professional Services; and WHEREAS, the Original Agreement was for the provision of Phase 1 services and provided for the provision of Phase 2 and Phase 3 services upon County request; and WHEREAS, the First Amendment, dated 23 May 2006 was for those services identified in Phase 2 and Phase 3 of the Original Agreement; and WHEREAS, the County acknowledges that Phases 1 through 3 have been completed satisfactorily based on the contracted scope of services for Cost Estimating, Programming and Master Planning. WHEREAS, the results of which have been presented to the BoCC, and furthermore, the County wishes to continue utilization of the Architect's services for expanded planning specifically for the Detention Center and refined planning for balance of the Justice Center Campus. WHEREAS, the County is now desirous to continue professional services through a preliminary design process in order to develop an accurate cost model for construction and operating costs for an expanded Justice Center Campus as presented in the attached Scope of Services as "Exhibit A", containing the Architect's Proposal Letter of 08 March 2007 Revised (4 pages) and its Attachment A of 08 March 2007 Revised (2 pages). In consideration of the terms and conditions of the Original Agreement and the amendments herein, the sufficiency of which is hereby acknowledged, County and Architect agree that this Second Amendment shall replace and supersede the section of the Original Agreement as stated hereunder. ARTICLE 1 -Scope of Services: the first three (3) paragraphs of the original Contract shall be deleted in their entirety and replaced with the following effective upon the exe,cutioia of this Second Amendment: Page 2 of 3 The services requested include a detailed program for the Detention Center, and refined programs for the Courts, Clerk of Court, District Attorney, Probation and Sheriffs office space requirements. In addition, the Architect will develop an enhanced Concept Design for the entire Justice Center Campus to provide a level of completion from which an accurate cost model can be developed for both Capital costs and Operating costs. A detailed scope of services and costs as proposed by the Architect is documented in the attached "Exhibit A". ARTICLE 3 -Time of Performance and Termination, Paragraph "a" of the First Amendment shall be deleted in its entirety and replaced with the following effective upon the execution of this Second Amendment: a. The Architect shall commence immediately upon approval of this Second Amendment with the Scope of Services, and shall complete Part One through Part Five, as defined in Exhibit A, by Friday, July 13, 2007. Part Six, the Final Report, shall be completed by Friday, August 17, 2007. Paragraph "c" of the original Contract shall be updated with the following change, effective upon the execution of this Second Amendment: C. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Architect for any Scope of Services provided after December 31, 2007, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes. ARTICLE 4 -Compensation and Paymen4 Paragraph "a" of the First Amendment shall be deleted in its entirety and replaced with the following effective upon the execution of this Second Amendment: a. In consideration for providing an additional scope of services, as defined in Exhibit "A", the Architect shall be paid $204,000.00, plus reimbursement of expenses not to exceed $10,200.00. ARTICLE 12 Notices: Contact information shall be changed from the original Contract to 1he fo wing effective upon the execution of this Second Amendment: Page 3 of 3 County: Mr. Tom Johnson Director of Facilities Management Eagle County P.O. Box 850 590 Broadway Eagle, Colorado 81631 tel. 970-328-8882 fax 970-328-8899 County and Architect agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original Agreement and First Amendment, the provisions of this Second Amendment shall control. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year first above written. COUNTY: ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Thr o is Board of County Commissioners c�F� By: y: Teak J. Simonton, Clerk to °cOR ' Arn ni, Chairman Board of County Commissioners AR, REI By: Nan nc.6230. t iagle Count,\, JC Concept Des 2007 contract EXHIBIT R1 II.1..y JOHNSON ARCFII I'1 ('It iRE A RCH I'1'FC11 RE PR(XiRAMM1NG INITRIORS Via Email + US Mail 16 January 2007 08 March 2007 Revised Mr. Tom Johnson Director Facilities Management Department Eagle County, Colorado PO Box 850 590 Broadway Eagle, Colorado 81631-0850 Re: Planning + Design Services for the Eagle County Justice Center Dear Mr. Johnson: 1115 10 11 RMAN SIRIA:I' SI �1IF IJ]0 IW%V1,K, ('OLi)RAUO sr)2n 3 303.932.9111 VOICE 303.5329135 1 ACSIMILF As you requested, REILLY JOHNSON ARCHITECTURE (RJA) is pleased to submit this reviscd Proposal to extend our current Master Planning contract by providing enhanced Concept Design and Cost Estimating/Cost Modeling, and other services, for the first phase of the Justice Center expansion. Two principal objectives of the services discussed in this Proposal are to provide a well-defined Concept Design that has "buy in" from all the stakeholders, and a highly reliable Total Project Cost Model, by August 1, 2007. This would allow the entire month of August, if needed, for deliberation by the Board of County Commissioners (BOCC) regarding the prospect of a tax increase election - to finance all, or a portion, of the Project - prior to the early September deadline for "certifying" the ballot question wording for a November 2007 election. A third objective is related to seeking the City's approval for the Project, as discussed below. As you, the BOCC, Bruce Baumgartner, and others in the County know from our presentation to the BOCC on Tuesday, January 9, 2007, the Justice Center Master Plan that we have developed calls for - among other things - a new stand-alone Courts Building of 4 floors above grade, plus a partial basement. Given that courts floors should be a minimum of 16 feet floor -to -floor, and that a stair must go to the roof, the maximum height of this building will be approximately 75 feet above grade. The City of Eagle Zoning Ordinance has a 35 -foot height limitation at this site. This 35 foot height limit requires that everyone involved in the Project carefully consider how, and when, steps might be taken to seek either a "Variance" to this height limitation; or alternatively, to seek the City's approval of a "PUD" (Planned Unit Development) for the Project. As we understand it, the City's Variance process results in approval or denial by the Planning Commission, and if denied, allows only one alternative for appeal, and that is to go to court. As an alternative to court, we could revise the design to lower the building (which will reduce the number of court -sets that could ultimately be built) and then submit another Variance with a lower -height building. Or, instead of pursuing another Variance, it may be worth considering the PUD. The PUD has the advantage that if denied by the Planning Commission, it can still be considered, and possibly approved, by the City's Board of Trustees. Mr. Tom Johnson 01.16.07 03.08.07 Revised Page 2 of 4 This Proposal includes our services, and compensation, for the preparation, submittal, and presentation of one height Variance Request. Our services in regard to this variance request would include those of Mr. Terrill Knight, of Knight Planning Services in Eagle. Among other things, his firm is currently representing the proposed Eagle River Station project east of the Justice Center. Scope of Services. We propose to provide enhanced Concept Design services for the new Courts Building, the Tunnel connecting the new Courts Building to the existing Justice Center, the Housing Building addition to the Detention Center, remodeling within the Detention Center for expansion of Kitchen and Laundry and access to the new elevator and stair on the west end of the new Tunnel, and remodel of the 10,000 square feet of space vacated by Courts following their move to the new Courts Building. We estimate the current (January 2007) construction value of this Project to be approximately $29.5 million (inclusive of approximately $6.4M for the Detention Center Housing Building addition to the existing Justice Center). We would proceed with the Concept Design services on the basis of the detailed Space Requirements we have written as part of our current master planning services. And, some revision of the Space Requirements for the Courts will be provided in the context of the 03.05.07 meeting with the Chief Judge, Court Administrator Chris Yuhas, yourself, and others. Included within these enhanced Concept Design services will be a detailed construction cost estimate for all portions of the Project. This estimate will be prepared by our consultant - Preconstruction Services, Inc. (PSI) of Colorado Springs - and carefully reviewed by RJA, and its consulting TEAM. And, we advise that the County consider retaining and compensating a General Contractor/Construction Manager (CM/GC) - with a history of projects of similar scale in the Eagle area - to provide construction cost advice (with a strong local perspective) as we develop the design and our construction cost estimate. Retention of a CM/GC should probably be done with the understanding that the County has no obligation to this CM/GC beyond August 1, 2007. If asked, we would be pleased to assist the County in the selection. A list of many of the "Deliverables" that will result from these services is enumerated in Attachment A. In addition to those "Deliverables", it is worth noting some of the "Key Issues" that will be addressed with these enhanced Concept Design Services. County staff will have input into all these, and may have the primary responsibility for some of them. 1. Determination if any of the utility services (electricity, gas, sanitary sewer, and water) to the existing Justice Center will have to be increased in size, or relocated, due to construction of the new Housing Building addition to the Detention Center, or due to the Tunnel connecting the Detention Center to the new Courts Building. 2. Determination of the proper depth of the floor of the Tunnel at both the Detention Center and in the basement of the new Courts Building. 3. Determination of the temporary '"path" aur vehicular circulation to, and From, the existing Vehicle ,Sallyport on the Detention Center during construction of both the new !-lousing Building addition and the Tunnel. 4. Identification of the re -assignment of existing housing units in the Detention Center (by gender, and custody level) resulting from the construction of new housing. 5. Check for compliance with all current Zoning requirements, anticipating that the only non-compliant matter will be the height of the new Courts Building. Mr. Tom Johnson 01.16.07 03.08.07 Revised Page 3 of 4 6. Resolution to the re -assignment of approximately 10,000 sf of floor space in the Justice Center that will be vacated by Courts in their move into the new Courts Building. 7. Development of a Temporary Parking Plan that will be needed during construction of the new Courts Building, Tunnel, and new Housing Building addition to the Detention Center. 8. Preliminary Staging Projection for the Detention Center after completion of construction of the new Housing Building addition. Our schedule objective would be to complete the civil and architectural design drawings by late June 2007, having had periodic meetings with our construction cost consultant (PSI), the County's project management team, and the County's selected CM/GC throughout this period. This would allow us to focus on the construction cost, and other total project costs, in July, so that we could complete the Concept Design and Total Project Cost Model and submit them to the County by August 1, 2007, to be followed in early September by the Final Report. In addition to the services required to prepare, submit, and present a height -variance request; and to complete the Concept Design and a Total Project Cost Model; we will also be available to attend meetings in Eagle in August as the BOCC considers whether to place a question on the ballot in November 2007. And, if it does decide to place a question on the ballot, we will then be available for meetings in Eagle up to Election Day, and we will prepare whatever "graphics" may be needed to support any campaign/public information effort. Deliverables. Most of the deliverables to be provided via this Proposal are listed in Attachment A. In addition to the items listed in the Attachment, and in the previous discussion of Scope of Services, we would also assist the County in establishing the scope of services, and selection of consultants, for the topographic survey, and the geotechnical investigations. By early September 2007 we will complete and submit a Concept Design report (8 % x 11) containing the civil and architectural drawings, the engineers' and special consultants' systems descriptions, the detailed construction cost estimate, the Total Project Cost Model (similar to Cost Model 4 - attached), and Operating Cost Models. Twelve (12) copies of this Report will be provided to the County. Compensation. We propose to provide the professional services defined in this Proposal for the stipulated sum of $204,000. This compensation is in addition to compensation for our current services to prepare the Master Plan. Periodic invoices for professional services will be submitted to the County with the billing for services prepared on a "percent complete" basis. This figure is exclusive of the cost of topographic surveying, and geotechnical investigations, that will be necessary, and are to be provided by others and paid by the County, This figure is alto exclusive of our Reimbursable Expenses that include the following and are to be billed to the County - with detailed itemization - without "mark-up". Document and drawing reproduction for any purposcs Automobile MileaLe for travel to, and From, E<_gle Other authorized Travel, if any Overnight lodging in Eagle, if any Meals in Eagle Long Distance telephone Local (metro -Denver) Courier Overnight Delivery (i.e. FedEx) Mr. Tom Johnson 01.16.07 03.08.07 Revised Page 4 of 4 We estimate that the Reimbursable Expenses will not exceed $10,200. This figure is only an estimate, and if this figure is exceeded, through no fault of Reilly Johnson Architecture or its consultants, it is understood that expenses in excess of this estimate will be invoiced to the County and paid. We look forward to continuing our work with you, the BOCC, Bruce Baumgartner, Sheriff Hoy, others in the County, and staff of the 5th Judicial District, on this most important project. And, we remain available, at your convenience, to discuss any other revisions to this Proposal that may provide the County with more value. Thank you for asking us to submit this revised Proposal. Sincerely, Robert D. Johnson Principal REILLY JOHNSON ARCHITECTL RE attachments copy: Rick Backes/RJA Bob Brashears/RJA Attachment A 01.16.07. 03.08.07 Revised Page 1 of 2 Project Deliverables. Part One. Further Development and/or Revision of Space Requirements $16,500 Detention Center Housing Building Addition Detention Center "Other" Additions Sheriff Law Enforcement for expansion into a portion of space vacated by Courts DA for relocation into a portion of space vacated by Courts New Courts Building per meeting w/ Chief Judge, Chris Yuhas, et al, on 03.05.07 Part Two. Enhanced Concept Design $109,500 Civil Engineering Preliminary Grading Plan illustrating: 10,000 Preliminary grades Drainage and storm water retention/detention Civil Engineering Preliminary Utility Plan illustrating: 6,000 Existing, new, and relocated underground utilities Architectural Site Plan for the entire site illustrating Phase One: 12,000 New Housing Building Addition, and other Additions, to the Detention Center New Courts Building Roadways, Sidewalks, and Parking Floor Plans and Roof Plan (CAD) of the Detention Center illustrating: 11,000 All walls, doors, windows, plumbing fixtures, and "fixed" furniture in the new Detention Center Housing Building addition Expansion of the Kitchen with preliminary equipment layout Expansion of the Laundry with preliminary equipment layout Location of the new elevator and exit stair on the west end of the new Tunnel connecting the existing Detention Center to the new Courts Building Remodel within the Detention Center to provide corridor access to the new elevator and exit stair associated with the new Tunnel Floor Plans (CAD) for the Re -assignment of the space (10,000 sf) vacated by the 5,000 Courts move to the new Courts Building, illustrating: All interior walls, doors, and plumbing fixtures required for the 2015 "build -out" of the space for the re -assigned uses to Sheriff's Law Enforcement, and District Attorney offices Floor Plans and Roof Plan (CAD) of the new Courts Building illustrating: 23,200 Basement floor with Tunnel connection, stairs, elevators, mechanical and electrical equipment rooms, possible Records Storage, and parking (if any) Ground Floor with a Space Plan for the Clerk of Courts office, .fury Assembly, I large County courtroom "set", and Public Entry'Lobby 2n " Floor with a Space Plan for Probation offices �- I ;mallcr G unty courtroom 3`d Floor with 1 large District courtroom "set' + 2 smaller District courtroom "sets" Attachment A 01.16.07. 03.08.07 Revised Page 2 of 2 Project Deliverables conCcl. Structural Engineering 6,000 Review of geotechnical investigation report for foundation design Preliminary floor + roof framing plan for Detention Center Housing Addition Preliminary floor+ roof framing plan for new Courts Building Exterior Elevations (north, south, east, west): 10,000 Detention Center Housing Building addition (4 drawings) Courts Building (4 drawings) Building Sections (north -south, east -west): 6,000 New Housing Building Addition to the Detention Center (2 drawings) New Courts Building (2 drawings) Mechanical and Electrical systems narrative for: 15,000 Detention Center Housing Building addition Remodel of the 10,000 sf vacated by Courts in the Justice Center New Courts Building Court Technology narrative describing: Evidence display Audio recording and sound amplification 2,800 Security Electronics narrative for the DC Housing Building addition, describing: 1,500 Door controls/door position switches Cameras (type and location) Camera monitors (type and location) Security Electronics narrative for the Courts Building describing systems for: 1,000 Screening individuals and their "packages" at the Public Entry/Lobby Camera locations throughout the facility/Camera monitor locations Location of duress buttons/alarms Part Three. Preparation for, Submittal of, and Attendance at Height Variance Request $16,000 Knight Planning Services/Eagle Reilly Johnson Architecture Part Four. Construction Cost Estimating for Phase One $32,000 Preparation of construction cost estimate by RJA Team Meetings, RJA estimate review and critique by CM/GC Revisions to RJA estimate Part Five. Cost Modeling $14,000 Total Project Cost Model for Phase 1. Similar to Cost Model 4, dated 01.02.07 (ntta Aczl). Annual Operating Cost Model for Detention Center Annual Operating Fxpense Fstimate for new Courts Building Part Six. Preparation of the Final Report $16,000 Preparation of I st Draft Report for submittal to County for review Preparation of 2°d Draft Report for submittal to County for approval Minor revisions to 2`1 Draft Report, and Final Printing Delivery of 12 copies of the Final Report to County WIM Eagle County Justice Center. 2015 Master Plan 4 New Courts Building with Tunnel Connection to existing Justice Center Preliminary 'Total Project Cost :N'lodel 01.02.07 revised A. Sitework - $1,250,000 Demolish existing DA/Probation building and haul away. 5,350 sf 60,000 Remove exist'g parking and construct new surface parking for 188 cars at Courts bldg 350,000 Grading, sidewalks, railings, landscaping, irrigation, lighting at new Courts Building 600,000 Allowance for Stormwater Drainage and Retention/Detention improvements 120,000 Allowance for relocation/extension/expansion of underground utilities 120,000 B. Remodeling within the Justice Center $900,000 Remodel 5,000 sf of exist'g Courts space for use as Sheriff's Law Enforcement offices 450,000 Remodel 5,000 sf of exist'g Courts space for use as District Attorney offices 450,000 C. Detention Addition to existing Justice Center building $0 Defer construction until rental is untenable and use cash to pay for design and construction D. New free-standing 4 Story Courts building (including Probation) $20,530,000 4 floors above grade - 58,000 gsf "finished" @ $335/sf 19,430,000 Basement for judges' parking, records, inmate movement (10,000 gsf @ $1 10/gsf) 1,100,000 E. Tunnel between existing Justice Center and new Courts building $420,000 300 lineal feet w/ new exit stair and 2 -stop hydraulic elevator at existing Justice Center end Sub -total A thru E $23,100,000 F. Professional Services $2,256,800 Arch itect/Engineer, inc. Reimbursable Expenses 1,963,500 Furniture planning: Sheriffs Law Enforcement, Clerk of Court, Probation, DA 75,000 Surveying and Geotechnical Investigations 20,000 Telecommunications and Court Technology Consultant 25,000 Materials Testing during Construction (0.75% of A - E) 173,300 G. Permit, Tap, and Development Fees $444,600 City of Eagle Building Permit Included in A - E Sanitary sewer + water - tap + development fees (assumes irrigation of 25,000 sf or less) 348,100 Improvement + Impact Fees: fire protection, emergency medical services, streets 96,500 H. Miscellaneous $760,000 Moving Probation, DA, + Courts furniture and equipment into JC and new Courts bldg 30,000 Courtroom technology for 2 County courtrooms @ $50K each State pays tier District 100,000 Furniture for 2 County "court sets" (jury box, chambers/staff, j. delib) State pays District 140,000 Telecom cabling + devices in JC + Courts bldg w/ new phone switch (68,000 sf @ $5) 340,000 Video Visiting for Detention Center (6 public + 10 inmate stations) Deter New furniture for Clerk of Court ($300K total, assume State pays halt) 150,000 New office furniture and equipment for Sheriff's Law Enforcement TBD L Total A thru H $26,561,400 J. Contingency (d) 15% of "1" $3,984,200 K. Grand Total ("I" + "J") $30,545,600 All co,t 1i1: 11res a„innC it uTS1111ction ;tan in J:uluar� 2017. Ad;u14il1cnh to thi.`, C'o>f M,)de1 'N i(I',c nrcdcd to acx�uunt fi r inflation �hnufd the construction `,4111 he later. ASSnnIC inflation in wnsttuction, and crnsUuction-rclaled costs. of°,6 per ytr. At this rate, Inflation on the construction cost (S23. I M) is $462,000 per+uirter. All figures, with the exception of costs;/sf are rounded to the nearest S I00. RF..ILLY,lOHNSON;kRCHffECT*[.'RE. Dumvr