COURT FACILITIES AND COUNTY SPACE NEEDS COMMITTEE

JANUARY 6, 2010
 

** NOT APPROVED **


Members Present:  D. Pullen, D. Fanton, G. Benson, C. Crandall  (Absent: D. Cady, P. Curran, D. Russo)

 

Others Present:  M. Alger, M. Balling (Bovis Lend Lease), D. Burdick, A. Finnemore, J. Foels, M. Healy, T. Hopkins, J. Margeson, T. Miner, T. O’Grady, B. Riehle;  Media:  B. Quinn, Wellsville Daily Reporter

 

Call to Order:  3:05 p.m. by Committee Chairman David Pullen

 

Approval of Minutes: 

 

            The minutes of December 2, 2009, were approved following a motion made by Legislator Fanton, seconded by Legislator Benson and carried.

 

Court Facilities Project Update – Mark Balling (Bovis Lend Lease):

 

Budget: 

            Mark Balling, from Bovis Lend Lease, the Construction Management firm for the project, reported that they’ve been working with John Margeson, LaBella, and Public Works to come up with all of the expenditures to date and projections for the incidental budget (a copy of the report is attached to the original minutes).  The report began with Javen Construction’s awarded bid amount, including all alternates, at $9,086,300.  We’re carrying a contingency value of $725,000, bringing the construction cost total to $9,811,300.  Incidental costs were listed, and Mr. Balling noted those that had been completed and invoiced so far, including:  partial Bovis and LaBella fees and reimbursables, Court study, soil borings and geotechnical report, building permit fees, driveway costs (Public Works and outside vendors), bond counsel and legal fees, and Seeler Engineering fees (PLA).  Anticipated incidental costs total $2,565,158.25, bringing the total anticipated project costs to $12,376,458.25, or $2.1 million under LaBella’s latest budget projection of $14,480,700, which included finishing the shell space.  Mr. Balling further explained some of the incidental costs listed on the report:

 

·         Materials Testing, budgeted at $50,000:  Bovis Lend Lease requested bids, and they received four proposals.  Mr. Balling noted that at the next meeting, they will recommend a contract to be awarded.  This is for third-party inspection of the contractor’s work throughout the project for items such as compaction, concrete, steel, weld, and fireproof adhesion.  The contract will be for a unit price with a “not to exceed” amount.

 

·         Driveway Costs, budgeted at $100,000:  Between the County Department of Public Works and outside vendors, $83,038.59 has been spent to date on the widened access road, with a little more expected.  These costs will be reimbursed to DPW.

 

·         Moving and Relocation Expense, budgeted at $25,000:  There may be no costs incurred under this line item.  Whether moving is done by County departments or professional movers will have to be discussed.

 

·         Alternates No. 1-4 Reimbursement by Office of Court Administration (OCA):  Indicated on the lower section of the report as a credit of $41,500, as those costs were included in the total on the top section.

 

·         Movable Storage Shelving Units, budgeted at $265,000:  This is something that needs to be purchased (electric high-density file shelves that scroll, similar to County Clerk’s).  It will need to be bid and the cost confirmed.

 

·         Utility Company Connection Charges, budgeted at $50,000:  Suggested by LaBella, unsure when these costs will be incurred (LaBella’s issue).

 

·         Bond Counsel/Legal Fees, budgeted at 60,000:  The legal fees paid to date ($38,916.27) are related to the Project Labor Agreement (PLA).

 

·         Seeler Engineering, PLA Agreement, budgeted at $10,814.25:  Expended.

 

·         Builders’ Risk/General Liability Insurance, budgeted at $70,000:  Working on getting a firm quote from the County’s insurance carrier, NYMIR through Richardson and Stout.

 

·         Furniture and Equipment, budgeted at $100,000:  This amount could end up being very little.  There hasn’t been much discussion on furniture needs for the County offices being moved into the addition and whether existing furniture will be moved.

 

·         Telephone/Data Servers/Equipment, budgeted at $25,000:  The contractor is providing the wiring and the Courts are providing the equipment for their space, but there will be some County department requirements for this.

 

·         Computer Hardware and Software, budgeted at $30,000:  The line item is there to be used if needed.

 

·         Signage, budgeted at $10,000:  The contractor is providing ADA required signage.  This line would be for room signs, building signs, etc.

 

·         Incidental Budget Contingency, budgeted at $100,000:  Recommended for miscellaneous costs.

 

            Mr. Balling noted that he will work with Public Works Superintendent David Roeske and the Accountant each month to reconcile costs expended to date, and he will provide the committee with monthly updates and report on any issues.  Mr. Pullen questioned the process for issues like the movable storage shelving units, telephone equipment, and furniture.  Mr. Balling will bring these things up at the appropriate time.  The shelving will be bid out, and the other things will be state contract wherever possible.

 

            Mr. Pullen noted that there is both a construction contingency of $725,000 and an incidental contingency of $100,000.  Mr. Balling pointed out that even if all of those contingencies are spent, we would still be $2.1 million under budget, going by the last projections made by LaBella.  Legislator O’Grady questioned the bond amount of $13.8 million, and Mr. Pullen replied that the last hard estimate from LaBella of $14.48 million included additional things such as finishing out the shell space, and that occurred after the bond approval.  We have bonding authority for $13.787 million, but we’re still well under that.  Mr. Pullen didn’t feel there was reason to change it.

 

Schedule:

            Mr. Balling reported that they had their kick-off meeting with Javen Construction prior to Christmas to go over procedures and rules.  They will have bi-weekly project meetings beginning next Thursday.  Javen is working on their schedule to submit to Mr. Balling for approval.  They’re also working on the schedule of values for their payment breakdown.  Submittals are coming in (they have to submit on all the materials they’ll be using).  He’ll know more after he receives Javen’s schedule, but in January, they will probably be starting on the trenching for utilities.  They’ll be using movable fencing, so they’ll only need to take the parking area that’s necessary for the utility work.  They need to create a staging area, and the trailers (Bovis’s and Javen’s) will be coming in January, as well.  They will cover certain first-floor windows for protection during the project.  The Courts asked that that be one of first things done.  There is a control system that needs to be relocated from the Maintenance Building, probably in January, and hopefully the Maintenance Building will come down in February.  Work will continue with utilities and get foundations under way in February and March.  Steel erection should begin in April, then they’ll get the slabs poured and get the façade going.  Legislator Fanton questioned the process for concrete work in the cold weather.  Mr. Balling responded that it would involve hot water in the mix, an approved additive, blanketing, and heating, depending on how cold it is.  They will ask for a winter protection plan.  Mr. Balling is still waiting for some things from Javen, but they’ve submitted their bonds, insurance, and the signed contract, so things will be moving forward.

 

Change Order Process:

            Mr. Balling will report on any potential changes during his monthly updates.  Each one will have a number and be tracked separately.  The committee will need to discuss approval limits.  Mr. Pullen questioned if the County Administrator had been given authority to approve change orders, and Mr. Margeson noted that the committee will need to decide whether to give him the authority to approve change orders for this project and if so, up to what dollar amount.  In the interest of keeping the project moving on a day-to-day basis, someone should be given that authority.  During the County Jail project, Mr. Margeson had authority to approve change orders up to $5,000.  Mr. Balling commented that on other projects, he has seen counties authorize someone to approve change orders up to $20,000 or $25,000.  Mr. Pullen recommended that the change order authority be given, since the committee only meets once per month, and the committee would still receive the monthly reports to keep them informed.

 

            A motion was made by Legislator Fanton, seconded by Legislator Benson and carried to authorize County Administrator John Margeson to approve orders to proceed regarding change orders for up to $20,000 for the construction of the Court Facilities Addition and Renovation.  Construction Manager Bovis Lend Lease will be providing monthly reports, including information on any change orders, to the Court Facilities and County Space Needs Committee.  Referral to Ways and Means Committee.

 

Decision on Lawsuit Filed by Citizens for Responsible Government:

 

            Mr. Pullen provided committee members with copies of Judge NeMoyer’s Decision rendered on Monday, January 4, 2010, in relation to the lawsuit filed by the Citizens for Responsible Government.  County Attorney Thomas Miner read a public statement at the Board meeting.  The group had applied for a preliminary injunction and temporary restraining order.  They were denied in November.  They proceeded to a determination on the merits of the actual petition, which is what the Judge issued his Decision on, dismissing the petition in its entirety.

 

Office for the Aging/Veterans’ Service Agency Facilities at Crossroads:

            An update was provided by Industrial Development Agency (IDA) Director John Foels.  The final engineering is complete, with a couple of small items to be worked out within the week.  Foundation work, concrete, and site work are all complete.  The next step is construction of the structure, which will begin within the next two weeks.  Some of the work is being done offsite.  Anticipated completion date is May 1.  That is a conservative date.  The County Information Technology Department has been involved.  Mr. Pullen questioned how the actual move would occur.  Mr. Margeson stated that the Department of Public Works would do it.  Mr. Foels will provide monthly updates to the committee.

 

Utilization of County Office Building Third Floor (Former Jail Space):

            Mr. Pullen suggested that committee members need to consider how to address other County space needs by utilizing available space on the former Jail floor.  Possibly at the February meeting, the committee could discuss that issue.  Mr. Fanton noted that DPW Maintenance will be moving up there until arrangements are made for them to go someplace else (the Maintenance Building will be torn down as one of the first steps in the Court Facilities Project).  The Board of Elections and several other departments are using some of the space for storage.  Mr. Pullen requested a report on how the space is currently being used and other options.

 

Records Storage Needs:

            County Administrator John Margeson reported on records storage space needs.  County Historian Craig Braack is also the Records Management Officer in charge of the storage of County and Court records.  Approximately eight years ago, Public Works constructed a 30’ x 60’ records storage building at the Landfill, using County manpower.  That building is full to the brim.  The County has a special reserve that has existed for a number of years due to state legislation that attaches a small monetary surcharge to filings in the County Clerk’s Office.  Over the years, the County has accumulated a little over $100,000 in funds that are to be dedicated to expenses related to records storage.  Mr. Margeson recommended that the committee endorse the idea of building another records storage building at the Landfill with the same dimensions as the current one.  The committee would need to make a referral and recommendation to the Ways and Means Committee to remove $80,000 from the Record Management Reserve Fund and place it in a Capital Account to construct another records storage building.  Deputy County Administrator Mitch Alger is working on a state records management grant application.  The grant program does not provide funding for capital construction, but it could be used for things like storage boxes and shelving.  The County was successful a couple of years ago in receiving a grant for $50,000, which was used for shelving and boxes.  That’s the same route he’d like to use now. 

 

            Mr. Pullen asked if there was any way to use some of that grant money for Court records storage needs.  Mr. Margeson stated that he didn’t believe we could apply for the grant and then apply it back for the benefit of the state.

 

            Chairman Crandall asked if the building would be climate-controlled and if the plan would be to build a twin to the existing building.  Mr. Roeske commented that they would just update the same plan and build adjacent to the existing building.  It was noted that the current building sufficed for ten years, but approximately 20 percent of the contents had accumulated prior to construction.  Mr. Margeson commented that Mr. Braack is very good at disposing of records that no longer have to be retained, following the record retention schedule.  Mr. Hopkins questioned the life expectancy of a new building if the size is the same as the current one.  Mr. Fanton asked how much we have accumulated to go in the new building now.  Mr. Margeson said there wasn’t a lot, but there may be some in the basement of the Child Support Collection Unit that needs a better space.  Mr. Pullen asked if the size should be looked at, as he’d rather do it right once than to re-address it later.  Mr. Roeske will look into that in regards to the space available.

 

            A motion was made by Legislator Fanton, seconded by Legislator Benson and carried unanimously to transfer $80,000 from the Record Management Reserve Account to a Capital Account to construct a records storage building adjacent to the existing records storage building at the County Landfill.  Referred to Ways and Means.

 

Attorney/Client Session:

            A motion was made by Legislator Fanton, seconded by Legislator Benson and carried to enter into an attorney/client session as requested by County Attorney Thomas Miner.  Immediately following discussion, a motion was made by Legislator Fanton, seconded by Legislator Benson and carried to end the attorney/client session and return to the regular meeting.

 

Next Meeting:  Wednesday, February 3, 2010 at 3 p.m.

Adjournment:  The meeting was adjourned at 4:15 p.m. following a motion made by Legislator Fanton, seconded by Legislator Benson and carried.

 

Respectfully submitted by

Adele Finnemore, Journal Clerk