COURT FACILITIES AND COUNTY SPACE NEEDS COMMITTEE

JUNE 10, 2009

 

** NOT APPROVED **


Members Present:  D. Pullen, G. Benson, D. Fanton, W. Hall, T. Hopkins, C. Crandall

            (Absent:  T. O’Grady)

 

Others Present:  W. Dibble, A. Finnemore, LaBella Associates (M. Kukuvka), J. Margeson,

            T. Miner, T. Parker, B. Riehle;  Media:  B. Quinn, Wellsville Daily Reporter

 

Call to Order:  1:35 p.m. by Committee Chairman David Pullen

 

Approval of Minutes:  The minutes of May 6, 2009 were approved following a motion made by Legislator Hopkins, seconded by Legislator Fanton and carried.

 

Court Facilities Project Design Development Report, LaBella Associates:

 

            Mark Kukuvka, from LaBella Associates, distributed and briefly reviewed the contents of their design development report.  (The same information was used by the estimators.)

 

Volume 1:             Technical information and general project information

·         Section 1:        Mission statement, fact statement, detailed cost estimate, project schedule, implementation and controls, summary of areas

·         Section 2:        Detailed room-by-room sheets, NYS Code reviews for both the addition and renovation sections of the project

·         Section 3:        Existing site conditions, subsurface geo-technical exploration (includes soil boring logs; engineer indicated that the site is fine, with nothing special needed for footing and foundation)

·         Section 4:        Detailed system descriptions including structural, mechanical, electrical, HVAC, fire protection, plumbing, security control

·         Section 5:        Outline specifications as precursor to bidding documents for contractors (including products and materials), asbestos report (in existing facility, some asbestos found in ceiling areas, not in floors or walls)

Volume 2:             Drawings to date (not final); precursor to bidding documents

 

            Mr. Kukuvka suggested that the Committee could review the information at the next meeting after everyone has had a chance to look it over.  If there are any concerns or questions, they should be given to Mr. Pullen or Mr. Margeson.  If any adjustments are needed, this is the time to do it.

 

            LaBella will be reviewing the same information with the Office of Court Administration (OCA) and Court representatives during a working session on Tuesday, June 16, in the Board Chambers.  They have had a preview of the room sheets, and they will begin discussing the detailed millwork in the Judge’s Chambers, fixtures, etc.  As per Committee direction, LaBella is taking a modest approach, yet respectful of the existing Courthouse.

 

            Chairman Crandall questioned how detailed the conversations on materials with Court personnel would be, and used as examples the millwork and ceiling tile.  Would they be requesting specific materials, or just the appearance of it?  The direction should be a nice looking project, but modestly done.  Mr. Kukuvka replied that the conversations would include both imagery and material.  There will be places where hardwood is called for, and others where plaster, or painted, or stained materials could be used.  Some of the choices they’ve made could be negotiable, but in addition to material and imagery, part of the answer will be from a durability and functional standpoint.

 

            Mr. Kukuvka suggested another round of meetings with maintenance staff on materials, because they may have preferences and could know of parts and components that aren’t easily replaced.  Legislator Fanton noted that maintenance wasn’t consulted during the Jail project, and we ended up with problems.

 

            Legislator Hall commented on something Judge Griffith said on the Court tour about a particular area that was really nice.  The Judges had input.  The project was reasonable but looked nice.  Having other people’s input is a good idea.  Mr. Kukuvka noted that Warren Emerson sat in on all of the working sessions as a liaison for the Judges, but at some point it may be good to sit down with the Judges also.

 

Draft Estimate:

 

            Mark Kukuvka presented the draft financial estimate summary for construction costs and owner’s soft costs for the Court Facilities Project.  The first two pages did not include the build-out of the addition ground floor shell space, and the last two pages did include that additional scope.  (A copy of the draft cost estimate is attached to the original minutes.)  A more detailed estimate is included in the design development report notebooks. 

 

            Draft project costs, prior to the additional scope of building out the addition ground floor shell space:  The worksheet includes construction costs, consultants and miscellaneous costs, and owner’s soft costs.  Construction includes a 5 percent design contingency for unknowns from what isn’t drawn yet; this will go to zero at the next level when the design is final.  The worksheet still contains a few unknowns, some left blank, and some filled in with assumptions.  The largest unknown is the Clerk of the Works or Construction Manager fees.  A decision has to be made on a single or multiple prime contractors, so that estimate will have to be plugged in when known.  An owner’s general contingency of 5 percent has been included.  Construction and owner contingencies may be able to be used for the Construction Manager fees, which were the largest unknown.  Mr. Kukuvka noted that the construction contingencies (5 percent for the new work and 10 percent for the renovations) will be carried all the way into construction until near the end.

Total projected construction budget:                    $11,895,489

Total projected owner’s and soft costs:                $  1,716,451

Total projected project costs:                                 $13,611,940 (Not incl. CM fees)

The budget was:                                                       $13,786,700

Under budget by:                                                      ($   174,760)

 

            Draft project costs, including the additional scope of building out the addition ground floor shell space and a little more work on the addition ground floor for Social Services:

Total projected construction budget:                    $12,524,845

Total projected owner’s and soft costs:                $  1,719,755

Total projected project costs:                                 $14,244,600 (Not incl. CM fees)

The budget was:                                                       $13,786,700

Over budget by:                                                        $     457,900

 

            Legislator Pullen questioned if the estimates were based on more current figures, considering the economy, than last year during the original development stage.  Mr. Kukuvka noted that escalation is probably down about 3 percent and that is built in, and yes, the estimates are current.  They assume bidding in September and receiving bids in October.  The window is close enough now that prices are more predictable.  It’s a favorable bidding market right now, and we’re also in a good location to get bidders.

 

            Chairman Crandall asked if some of the unknowns, such as insurance, utility connection, and furnishings, could be narrowed down fairly quickly.  Mr. Kukuvka and Mr. Margeson will work together to define some of that from past experience, using County forces or moving agencies or getting some actual quotes.

 

            Mr. Kukuvka requested direction from the Committee on pursuing the full build-out of the addition ground floor as the base bid.  Consensus of the Committee was affirmative.

 

Fire Access Road Cost Estimate:

 

            Mark Kukuvka reported that, pursuant to meetings with the Code Enforcement Officer, the access road to the addition doesn’t comply with fire-fighting access requirements, which specify a 26-foot width.  The present County Office Building was constructed prior to these regulations, but the new addition construction will require they be complied with.  Mr. Kukuvka presented sketches and a cost estimate summary sheet to widen the western access road (the current exit from the back employee parking lot adjacent to the Office for the Aging, which is currently 15-feet wide) to bring it into compliance.  (A copy of the drawings/estimate is attached to the original minutes.)  The cost estimates don’t factor in any County Public Works labor.  Mr. Kukuvka noted that the road wouldn’t need to be dealt with for about one and one-half years, but will be needed for legal fire-fighting access.

 

20-Foot Wide Road

Construction:                                                $135,160

Construction Contingency at 5%:              $    6,758

Soft Costs at 15%:                                        $  21,287.70

Total:                                                              $163,206

 

26-Foot Wide Road

Construction:                                                $203,116

Construction Contingency at 5%:              $  10,156

Soft Costs at 15%:                                        $  31,990.77

Total:                                                              $245,263

 

            Due to the location of utilities and the steep slope beside the property, a 20-foot width would be workable, but the code requires a 26-foot width.  Mr. Kukuvka noted that a variance from the state could be applied for to allow construction of the 20-foot wide road, using reasons of the steep grade and physical hardship.  Although there is also an $80,000 cost difference, the physical impediment of the steep slope and addition of a hydrant would be the issues that are stressed. 

 

            Mr. Kukuvka pointed out that the piling illustrated in the drawings would be right next to the OFA building and completely avoids the utilities.  The addition of a few parking spaces was also discussed.  There is a pond included in the drawings at the low end of the site to provide needed retention of storm water.  Chairman Crandall questioned if there was a less expensive alternative to widening the slope, by possibly coming up from the west behind the adjacent properties.  Mr. Kukuvka replied that it probably would not be workable and would not be less expensive.

 

            Mr. Kukuvka estimated that it will take two to three months for the variance on the road.  He currently has two items under variance consideration, the second being the firewall between the existing Courthouse and the addition.  The firewall variance would be an administrative issue not requiring a hearing, but the road would require a hearing.  A question was raised on the additional time and expense for redesign if the variance isn’t given.  Mr. Kukuvka commented that he could use the draft sketch to apply for the variance.  The only risk would be calendar days.  If the variance is denied, we have to have something in place for the building permit process.  The schedule indicates going to Commission of Corrections for approval of holding cells on September 14, and going out to bid in mid-September.  He should hear in August on the variance.  We may have to make an adjustment and a “commitment to fix” so it will hold up for the building permit.

 

            Legislator Fanton noted that he has had conversations with Public Works about the entrance, and will give them a copy of the drawings.  There was discussion on exact placement of utility lines, and Mr. Kukuvka noted that he allowed some buffer for utility maintenance.  The proposed sheet piling stops short of the hydrant and ties into the existing piling.  He also commented that even the 20-foot width would provide two lanes.  Chairman Crandall suggested that with the piling and gaining more parking, Public Works may feel it makes more sense and would possibly be able to do the access road in-house.  Legislator Fanton expressed concern about the height of unsupported piling on the downside and the need for extensive anchors.  A step-back retaining wall would be more expensive, would still have to be anchored back, and there’d be a lot of fill over buried utility lines.

 

            A motion was made by Legislator Fanton, seconded by Legislator Hopkins and carried to authorize LaBella Associates to apply for a state code variance for the 20-foot wide fire access road. 

 

Attorney/Client Session:

 

            A motion was made by Legislator Fanton, seconded by Legislator Hall and carried to enter into an Attorney/Client Session.  Following discussion, a motion was made by Legislator Fanton, seconded by Legislator Hopkins and carried to return to regular session.

 

Construction Manager or Clerk of the Works Services RFP:

 

            A motion was made by Legislator Hopkins, seconded by Legislator Benson and carried to authorize the County Administrator to issue a Request for Proposals (RFP) for two levels – Construction Manager services or Clerk of the Works oversight – for the Court Facilities Project including the full build-out of the addition ground floor.  Mr. Margeson noted that the RFP would probably be sent out next week (the week of June 15) and he would allow 30 days for response.  Mr. Kukuvka will work with Mr. Margeson on wording to define what services would or would not be required for the Clerk of the Works.  Results of the RFP will be discussed by the Committee at the August 5 meeting.

 

State Environmental Quality Review (SEQR) for Proposed Property Acquisition:

 

            County Administrator John Margeson reviewed a Short Environmental Assessment Form for property the County is proposing to acquire at 21 Court Street, Belmont, NY, currently owned by the Presutti family.  A motion was made by Legislator Fanton, seconded by Legislator Hopkins and carried to approve the Short Environmental Assessment Form and issue a Negative Declaration, Notice of Determination of Non-Significance, on the acquisition of the Presutti property on 21 Court Street, Belmont, NY.

 

            County Administrator John Margeson reviewed a Short Environmental Assessment Form for property the County is proposing to acquire at 25 Court Street, Belmont, NY, currently owned by the Tronetti family.  A motion was made by Legislator Hopkins, seconded by Legislator Fanton and carried to approve the Short Environmental Assessment Form and issue a Negative Declaration, Notice of Determination of Non-Significance, on the acquisition of the Tronetti property on 25 Court Street, Belmont, NY.

 

Project Labor Agreement:

 

            Legislator Pullen reported that he will check with Peter Godfrey regarding the status of the Project Labor Agreement, which would require a resolution before the end of July.  If we have an answer from Mr. Godfrey, this will be discussed at the July 1 meeting; otherwise a special meeting will be set up, and the July 1 meeting won’t be needed.

 

NEXT MEETING:  Tentatively scheduled for Wednesday, July 1, 2009 at 3:00 p.m.  (LaBella Associates representatives will not need to be present.)

 

ADJOURNMENT: The meeting was adjourned at 3:35 p.m. following a motion made by Legislator Fanton, seconded by Legislator Hopkins and carried.

 

Respectfully submitted by

Adele Finnemore, Journal Clerk