06-07-2012 FCI Constructors, I-70 RTOF Change Order 1Memo
To: Honorable Mayor and Town Council Initials
Thru: Patty McKenney, Acting Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: June 7, 2012 it
Re: 1 -70 Transportation Operations Facility Project Update and Presentation of Change Order
01
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This memorandum is submitted to Town Council to provide an update on the 1 -70 Regional Transportation
Operations Facility Project (the Project) located at the Town's Public Works Facility at 500 Swift Gulch Road,
and to present Change Order 01 to the Preconstruction and Construction Agreement with FCI Constructors.
The project is generally proceeding per the anticipated schedule, with full construction occurring the week of
June 18th, with some minor activity occurring prior. As of the composition of this memorandum, the Town is
waiting for Notice to Proceed from CDOT personnel for the CDOT FASTER grant portion of the work. However,
non -CDOT funded work can commence at any time and will commence if CDOT NTP is delayed beyond June
18th. Avon has submitted all required documentation to CDOT and it is in their internal system. A
groundbreaking ceremony is scheduled for June 19, 2012 at 4:00 pm.
Change Order 01 to the Preconstruction and Construction Services Agreement (Agreement) is also presented
with this memorandum. Change Order 01 accomplishes the following: it accepts the Guaranteed Maximum
Price (GMP) and construction schedule and incorporates those items into the Agreement, it offers some
housekeeping and other contract cleanup to reflect changes in the project that have occurred since the
contract was initially executed, and it provides references to the construction plans and specifications.
DISCUSSION:
The Final Guaranteed Maximum Price (GMP) for Bid Packages 1 and 3 as presented by FCI Constructors is
$9,359,426. Bid Package 1 generally includes the Bus Barn, Fueling, Wash, and site infrastructure and has a
subtotal of $9,069,127. Bid Package 3 includes the relocation of the modular office building to the northern
portion of the site and associated infrastructure and has a subtotal of $290,299. Note that bid package 1 does
not include build -out of the mezzanine portion of the bus barn. Mezzanine build -out is currently under-
funded, but the funding gap will close as the project risk is reduced and the Town contingency allotment is
released. Staff anticipates at a minimum partial build -out of the mezzanine within the proposed schedule.
Table 1 below shows the project budget fund sources.
Table 1: 1 -70 RTOF Proiect Budget
Sources
Grant
Local
Total
FTA 5309 State of Good Repair
$7,500,000
$1,875,000
$9,375,000
FTA 5309 Bus and Bus Facilities
$367,323
$91,831
$459,154
CDOT FASTER
$1,000,000
$370,880
$1,370,880
ARRA
$522,000
$ -
$523,000
TOA COP Funds (less non -grant eligible
$120,586
PW expenses)
Totals
$9,389,323
$2,337,711
$11,848,620
1 -70 Transportation Operations Facility Update
June 12, 2012
Page 2 of 3
Table 2 below shows the anticipated construction expenditures for the project. Note that the difference
between the total budget and the total expenditures is a positive balance of $292,126. The GMP cost for Bid
Package 4, full mezzanine build -out, is $827,918. This leaves a shortfall for full build -out of $535,792, which is
less than the project contingency. Construction of the mezzanine will be authorized after subsurface work is
completed based on remaining available funds.
Table 2: 1 -70 RTOF Construction Expenditures
Expenditure Type
Amount
Final Design
$832,459
Engineering Svcs during Construction
$260,653
Preconstruction Services
$60,500
Accepted GMP
$9,359,426
Utility Costs
$200,000
Project Administration
$250,000
Contingency
$593,456
Totals
$11,556,494
Mobilization is scheduled for June 18th, with some minor site activity, submittal work, and long lead
procurement underway. Notice to proceed for non -CDOT FASTER and non -ARRA work was issued on June 6.
The final round of Planning and Zoning commission approvals is scheduled for the June 25, 2012 meeting, and
includes the following changes from their May 15, 2012 meeting: stone veneer on center facade on the lower
portion of the building, reduction in glazing on the west and east elevations, and a change in the proposed
stucco columns to a concrete /steel /stone composite. Exhibit A to this memorandum shows the final design
that will be presented to Planning and Zoning. The changes should result in minimal additional cost to the
project and can be easily absorbed by the project contingency.
Notice to proceed for the CDOT FASTER grant scope is expected imminently. The ARRA grant contract is still
not available due to close -out of the prior project since the ARRA grant is comprised of unutilized funds from
Summit County. CDOT personnel have committed to having the contract available by the end of June.
Change Order 01:
Change Order 01 to the Preconstruction and Construction Agreement is also presented with this
memorandum and is attached as Exhibit B. Primarily, the Change Order incorporates plans, specifications,
schedule, and GMP into the Contract Documents. The original Preconstruction and Construction Agreement
was executed on September 19, 2011. Since then, the Town, the design team led by CDM Smith, and FCI
engaged in preconstruction services which included plan review and coordination, value engineering, and
eventually, scheduling and subcontractor bid solicitation. This has led to significant changes in the original
project as envisioned in September of 2011. The Change Order accomplishes housekeeping of the Agreement
by clarifying dates and removing the references to Phase I and Phase II since the project was consolidated into
one phase. It also provides for the requirement to name the grantors, CDOT and the FTA, as additional
insured. Since the change order merely revises Agreement language, there are no financial implications with
its approval. Future change orders that are within the project budget will be approved by Staff.
1 -70 Transportation Operations Facility Update
June 12, 2012
Page 3 of 3
RECOMMENDED MOTION: "I move to approve Change Order 01 to the Preconstruction and Construction
Agreement for the 1 -70 Regional Transportation Operations Facility between the Town of Avon and FCI
Constructors, Inc."
ATTACHMENTS:
Exhibit A Change Order 01
TOWN MANAGER COMMENTS:
13
CUM SMITH ALL RIGHTS RESERVED.
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T)2012 CDM SMITH ALL RIGHTS RESERVED.
REUSE OF DOCUMENTS: THESE DOCUMENTS AND DESIGNS PROVIDED BY PROFESSIONAL SERVICE, INCORPORATED HEREIN. ARE THE PROPERTY OF CUM SMITH AND ARE NnT Tn RE 11— w —.1
*2012 CUM SMITH ALL RIGHTS RESERVED.
--L Ur UUCUMENIS: IHESL DOCUMENTS AND DESIGNS PROVIDED BY PROFESSIONAL SERVICE, INCORPORATED HEREIN, ARE THE PROPERTY OF CDM SMITH AND ARE NOT TO BE USED, IN WHOLE OR PART, FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF CDM SMITH
i> 012 CDM SMITH ALL RIGHTS RESERVED.
Kt- Ur UUGUMENI]: IHEBE UUCUMENIS AND DESIGNS PROVIDED 8Y PROFESSIONAL SERVICE, INCORPORATED HEREIN, ARE THE PROPERTY OF CDM SMITH AND ARE NOT TO BE USED, IN WHOLE OR PART, FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF CDM SMITH
CHANGE ORDER
Order No.: 01
Date: June 12, 2012
Agreement Date: September 19, 2011
NAME OF PROJECT: I -70 REGIONAL TRANSPORTATION OPERATIONS FACILITY
OWNER: TOWN OF AVON
CONTRACTOR: FCI CONSTRUCTORS, INC.
The following changes are hereby made to the CONTRACT DOCUMENTS:
The Preconstruction and Construction Agreement for the I -70 Regional Transportation Operations
Facility (R`I'OF) is hereby amended as follows:
Article 3.1 of the Agreement shall be amended to read:
"Contractor shall begin the Preeonstruction Services upon full execution of this Agreement by both
parties. Contractor shall complete its design and budget review and provide the Town with its GMP, a
detailed budget and final construction schedule on or before Mare" 31, 2012 May 21 2012
Article 3.2 of the Agreement shall be amended to read:
"Contractor agrees that Construction Services shall commence upon ten (10) days of Town's issuance of
Notice to Proceed with Construction Services and all Construction Services shall be substantially
completed in accordance with the construction schedule approved by the Town. in tie event shall the
Completion Dates feF Ganstmetion ger-vieOS be !RteF thall the dates speeitled in 2.1.14, abseRt WFiReR
The elate of Substantial
Completion established by this Change Orderl is September 6, 2013. The completion date may be
amended in writing in accordance with Section d below. "
Article 2.1.14 of the Agreement shall be amended to read:
"Contractor will assist the design team in making recommendations of sequencing based on the project
parameters for determining the most cost effective construction sequence. Contractor will provide a
preliminary critical path schedule for the completion of the design phase, procurement of long lead items
and construction phase. The anticipated construction schedule is to complete Phase 1 the project by
October 2013 or sooner. Phase ll will eefnmenee- afteFAp ' , 2013 and sliall be t�ally eamplaied by
Deeembef 31, . The CM /GC may propose alternative options for schedule to be considered provided
all work is completed no later than the specified dates."
Article 5.5 of the Agreement shall be amended to read:
"Abandonment or significant reduction in the scope or magnitude of the Project will not result in a
negotiated reduction of the Construction Services Fee.
The Construction Services Fee will be based on the GMP and will not be subject to reduction if the GMP
can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction
methods."
Article 9.1 D of the Agreement shall be amended to read:
CO- I
"Owner protective liability applying separately to each project and showing the OWNER, Colorado
Department of Transportation (CDOT), and Federal Transit Administration (FTA) as Named Insured.
Coverages shall remain in effect until the work is accepted by OWNER and shall be written for limits of a
maximum of $2,000,000 per occurrence and $4,000,000 annual aggregate. CONTRACTOR shall
evidence coverages with an insurance binder with the actual insurance policy submitted to OWNER
within thirty days of effective date. CONTRACTOR shall be responsible for purchasing additional
insurance coverage if the $4,000,000 aggregate is exhausted before the project is completed."
Article 12 of the Agreement shall be amended to read:
"The Contract Documents which comprise the entire Agreement are made a part hereof and consist of the
following:
12.1. This Agreement.
12.2. The General Conditions.
12.3. The 95% Issuedfor Construction Specifications, Dated April 6, 2012.
12.4. The 95% Issuedfor Construction Drawings, April 6, 2012.
12.5. Addenda I through 6 to the 95% Construction Drawings.
12.6. The 95% Design /GMP Cost Estimate and Clarifications and Assumptions Package submitted by
FCI Constructors, Dated May 21, 2012.
12.7. The Preliminary Construction Schedule submitted by FCI Constructors, Dated May 31, 2012.
12.8. 42.3: Exhibit "A ": CMAR Fee and Schedule Proposal Form Dated July 29, 2011
12.9.44 —A.- Exhibit "B ": CMAR Fee Structure Dated July 29, 2011
12.10. 1-2.5. Exhibit "C ": CMAR Proposal Qualifications Document Dated July 22, 2011 and RFP
Response Document Dated August 12, 2011
12.11. 414,6: Exhibit "D ": Request for Qualifications, Town of Avon 2011 RFP02, dated June 23,
2011
12.12. 44,-' Exhibit "E ": Request for Proposals, Town of Avon 2011 RFP02 Part 2, dated August 1,
2011
There are currently no Contract Documents other than those listed above in this Article 12. if TeN�,
the budget, sehedule, and final plans and speeifieatiens (as appreved by Owner) will beeeme pat4 ef the
Centr -aet n,.,,..., ents TlliefeaftefHereafter, the Contract Documents may only be altered, amended, or
repealed by an executed, written change order or other amendment to this Agreement."
Justification:
The purpose of Change Order 01 is to accept the Guaranteed Maximum Price (GMP) for bid packages 1
and 3 as defined in specification 01010 -1.02D and to reconcile discrepancies in the Agreement to account
for changes made during the CMAR Preconstruction Phase. This Change Order clarifies and updates
CO -2
certain dates stipulated in the original Agreement, removes references to two construction phases, adds
provisions to name CDOT and FTA as additional insured, and adds references to the final plans and
construction. documents.
Change to CONTRACT PRICE:$ 9,359,426 (GMP for Bid Packages 1 and 3)
Original CONTRACT PRICE: $ 60,500 (Preconstruction Phase)
Current CONTRACT PRICE adjusted by previous CHANGE ORDER NIA
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$ 9,359,426.
The new CONTRACT PRICE including this CHANGE ORDER will be $9,419,926.
Change to CONTRACT TIME:
The date for substantial completion of all work is hereby established to be September 6, 2013.
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO -3
I Constructors, Inc.
1 -70 Regional Transportation Operations Facility
FINAL GMP EVALUATION
Date: June 6, 2012
DESCRIPTION COSTS NOTES
ACCEPTED BID PACKAGES
BID PACKAGE 1
S
9,169,085
BID PACKAGE 3
f
190,299
SUBTOTAL- BID PACKAGES
$
9,459,384
ACCEPs.W COff- Q.PT.IONS
DELETE 2ND RINSE ARCH ON BUS WASH
$
(6,466)
DELETE BLOWER SYSTEM ON BUS WASH
S
(47,700)
DELETE 3 YEAR EXTENDED SERVICE AGREEMENT ON BUS WASH
S
(45,792)
SUBTOTAL- OPTIONS
$
(99,958)
FINAL PROPOSED GMP
$
9,359,426
QM_P- Q5T$ 4Y QRANT TYPE
CDOT FASTER
$
1,403,648
ARRA
S
334,784
LOCALLY FUNDED
$
290,299
FTA
$
7,330,695
FINAL PROPOSED GMP
$
9,359,426