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HomeMy WebLinkAbout2010_05_18 CC PKTBrookings City Council Special Meeting Tuesday, May 18, 2010 City Hall Council Chambers 311 Third Avenue 6:00 p.m. Mission Statement: The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 P.M. SPECIAL MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council attendance. 4. Discussion regarding the Joint Powers Board Agreement for the County/City Administrative Office Building. Informational 5. Possible action on to remove TABLED “Action to authorize the Mayor to sign the contract with Bossardt Corporation, the construction manager for Brookings City/County Administration Building project” (tabled 5/11/10). Motion to remove from the table, Request Public Comment - Roll Call 6. Review of funds expended and allocated for the County/City Administrative Office Building Project and discussion regarding construction budget. Informational 7. Adjourn. Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe & Keith Corbett Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm. The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. SPECIAL MEETING 4. Discussion regarding the Joint Powers Board Agreement for the County/City Administrative Office Building. April 6, 2010 City Council Meeting excerpt: Joint Cooperative Agreement – County/City Administrative Office Building. A motion was made by Kubal, seconded by Bartley, to approve a Joint Cooperative Agreement for a County/City Administrative Office Building. No public comment was made. All present voted yes; motion carried. JOINT COOPERATIVE AGREEMENT FOR COUNTY/CITY ADMINISTRATIVE OFFICE BUILDING Agreement made April 6, 2010, between Brookings County, SD, a South Dakota County (the “County”) and the City of Brookings, South Dakota a municipality under South Dakota law (the “City”). WHEREAS, County and City are in need of additional space for administrative offices; and WHEREAS, the parties believe that combining their offices in a single building will enhance the ability of both to serve the public; and WHEREAS, pursuant to the formal approval by the County on April 13, 2010 and the formal approval by the City on April 6, 2010, the officers of the respective entities are authorized to enter into this agreement: NOW THEREFORE, the parties agree as follows: Section One Statutory Authority This agreement is made pursuant to the authority granted by SDCL § 1-24-1 to 1-24-23, inclusive and 6-3-2. Section Two Purpose of the Agreement and Use of the Building This agreement is intended to specify terms and conditions under which County and City will purchase land together and construct, equip and maintain an administrative building for the joint and common use of the County and City to house the County’s Offices and the City’s Administrative Offices. Further, it is the intent of both Parties that this Agreement may be amended and supplemented prior to the beginning of, or during the construction period. Section Three Acquisition of Property County and City are negotiating the purchase of the properties as set forth in Exhibit “A” attached hereto and by this reference incorporated herein. County and City shall each be obligated to pay one-half of the costs of such property acquisition, including purchase prices, closing costs and demolition costs. Upon closing all of such properties shall be titled in the names of County and City jointly. Section Four Building Name and Use The name of the building shall be the BROOKINGS CITY/COUNTY ADMINISTRATION BUILDING. The building shall be used to house the administrative functions of the County and City and for such other purposes as the County and City deem appropriate. Section Five Estimated Cost and Financing The estimated cost of the joint building is not to exceed 12 Million Dollars which shall be born by each party as stated herein. It is anticipated that County has sufficient funds set aside to purchase said properties and pay for its share of the construction of the building by appropriation. It is anticipated that City will issue sales tax bonds and appropriate the bond proceeds to pay its share of the purchase of said properties and the construction of the building. Section Six Allocation of Construction Costs A) Each party shall pay for the general cost of constructing the joint administrative building an allocated share based upon their respective square footage of separate office area as it relates to the combined square footage of both separate office areas. The general cost of constructing the joint administrative building for the purposes of such payment allocation shall include the following: 1. All costs of architects, engineers and construction manager; 2. Site preparation and footings; 3. All exterior walls, windows and doors; 4. The roof and floor structure; 5. All heating and air conditioning systems; 6. All load-bearing walls; 7. Utility service (electrical, plumbing, telephone, security systems, and related wiring and lighting), excluding utility work in the separate areas of each party; and 8. All costs relating to common areas, including hallways, bathrooms, commission/council chambers and other combined meeting rooms. 9. Parking lots, exterior lighting, signage and landscaping. B) Each party shall pay in full the costs of construction regarding each party’s separate office area, including: 1. All utility service serving only each separate area; 2. All non-load bearing walls and similar dividers; 3. All finish work, trim, painting, carpeting, lighting and ceilings; and 4. All equipment. C) Each party shall timely pay its respective share of the construction costs as they become due under the construction contracts. Section Seven Design Approval The Joint Committee shall work with the architect to develop plans for the building layout, exterior, common areas, landscaping and parking lots. Such plans shall be submitted for approval to the County Commission and the City Council upon completion of the schematic design phase and upon completion of the design development phase. The County Commission shall have the sole and final approval of the design and interior finishing of the County’s separate area and the City Council shall have the sole and final approval of the design and interior finishing of the City’s separate area. Section Eight Furniture, Fixtures and Equipment The City and County will each pay for their own furniture, fixtures and equipment necessary for their operations in the Center. Each Party shall pay for furniture, fixtures and equipment necessary for the joint areas and the general operation of the building based upon the same allocation as for construction costs under Section Six (A) above. Section Nine Insurance Liability insurance shall be procured jointly, if necessary, by the County and the City to protect said governmental units from any and all claims for bodily injury, including death and property damage arising out of the use or operation of the facility. In addition, fire and extended coverage insurance in an amount not less than the cost of construction, shall be obtained by the County and the City, which will insure the owners of the building in case of fire, catastrophe, or other damage to the building, fixtures, and/or equipment contained in the facility. Each Party shall pay for the cost of such insurance based upon the same allocation as for construction costs under Section Six (A) above. Each Party shall pay for any insurance on its separately owned furniture, fixtures and equipment. Section Ten Portion and Method of Allocating Expenses of Operation and Maintenance Each party shall pay for all costs of maintenance, repairs, utility and capital replacement for its separate areas. The costs of maintenance, repairs, utilities and capital replacement of the building exterior, roof, heating and air conditioning systems, grounds, parking lot and common areas shall be allocated between the Parties based upon the same allocation as for the construction costs under Section Six (A) above. Section Eleven Management of Common Areas The City Manager shall be responsible for the management and scheduling of jointly used areas of the building. The County Commission and the City Council shall always have priority as to the use of the Commission/Council Chambers. Any fees generated by the use of the common areas of the building shall be applied to the costs of maintenance and upkeep of such common areas. Section Twelve Personnel The City shall control the personnel and operations of its offices and the County shall control the personnel and operations of its offices; except as specifically agreed to within the terms of this Agreement or any other agreement between the Parties. Section Thirteen Building/Advisory Committee A building advisory committee, consisting of four (4) members, two (2) from the County and two (2) from the City, shall meet periodically as necessary for the purpose of discussing problems or difficulties during the planning, design and construction of the building; and the continued operation of the building and grounds. The City Manager and the County Commission Assistant shall be non-voting members of such committee. Such committee shall have general authority concerning the planning, design and construction of the building and the continued operation of the building, provided, however, that the following matters are subject to approval by both the County Commission and the City Council: Hiring architects and engineers; Approval of final design and plans; Bidding all contracts; All bonds and financing; and Annual operation budget. Section Fourteen Disposition of Revenue Derived from Building In the event that there exists any revenues derived from the operations of the building, the County and City shall retain such revenues as are attributable to the space under its control. Section Fifteen Termination This agreement shall continue until otherwise terminated by the parties by mutual agreement. Section Sixteen Partial Invalidity In any one or more of the provisions of this Agreement, or of any exhibit or attachment thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but the Bond Resolution, and the exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be. Section Seventeen Agreement Open to Public Inspection This agreement shall be filed and copies hereof kept as an open record with the County Finance Officer and City Clerk and shall be open to public inspection. Section Eighteen Amendments This agreement may be amended and supplemented from time to time by the action of the governing bodies of the County and City. All amendments or supplements shall be filed in accordance with Section Seventeen. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. _____________________________ _____________________________ Tim Reed, Mayor Dennis Falken, Chair, Brookings County Board of Commissioners ATTEST: ATTEST: _____________________________ ______________________________ Shari Thornes, City Clerk Vicki Buseth, County Finance Officer SPECIAL MEETING 5. Possible action on to remove TABLED “Action to authorize the Mayor to sign the contract with Bossardt Corporation, the construction manager for Brookings City/County Administration Building project” (tabled 5/11/10). Attached is a proposed contract for construction management-agent services for the Brookings City/County Administration Building. The Building Committee decided at the outset of the project to use a construction manager-agent delivery method for the construction of the project. This method does not utilize one general contractor. Rather, the project is segregated into multiple bid packages that are individually bid in order to get the best price for each bid package. In addition, this method enhances the opportunities for all local contractors and trades to bid on specific portions of the project. The bid packages will be structured to encourage local contractors to bid. What’s more, this method provides a higher degree of inspection services than traditional general contracting. Attached is information from state law which further describes construction management. All aspects of construction including managing the various multiple prime contractors are coordinated by the construction manager. The CM, along with the architect, constitutes the professional consulting team on behalf of the owners for the project. We issued Request for Proposals and received 12 responses. The Building Committee is recommending hiring the Bossardt Corporation for this service. Bossardt provided the most comprehensive proposal and has extensive experience with government buildings and projects with two owners. The fee is 2.5 percent of construction cost plus general conditions. When comparing the base fee, this proposal was tied with one other proposer for the second-lowest base fee of all 12 proposers; and is the only proposer who provided an estimate of monthly general condition reimbursable expenses. ACTION: Motion to remove from the Table, Request Public Comment, Roll Call SDCL 5-18-46. "Construction management services" defined. For the purpose of this chapter, the term, construction management services, means the following: 1. Services provided in the planning and design phases of a public improvement project including the following: a) Consulting with, advising, assisting, and making recommendations to the public corporation and architect or engineer on all aspects of planning for project construction; b) Reviewing all plans and specifications as they are being developed and making recommendations with respect to construction feasibility, availability of material and labor, time requirements for procurement and construction, and projected costs; c) Making, reviewing, and refining budget estimates based on the public corporation's program and other available information; d) Making recommendations to the public corporation and the architect or engineer regarding the division of work in the plans and specifications to facilitate bidding and awarding of contracts; e) Soliciting the interest of capable contractors and assisting the public corporation in taking bids on the project; f) Analyzing the bids received and awarding contracts; and g) Preparing and monitoring a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and 2. Services provided in the construction phase of the public improvement project including the following: a) Maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project; b) Observing the work as it is being performed for general conformance with working drawings and specifications; c) Establishing procedures for coordinating among the public corporation, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing labor policy in conformance with the requirements of the public corporation's policy and making recommendations; d) Reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract; e) Making recommendations for and processing requests for changes in the work and maintaining records of change orders; f) Scheduling and conducting job meetings to ensure orderly progress of the work; g) Developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors, and providing periodic status reports to the owner and the architect and engineer; and h) Establishing and maintaining a cost control system and conducting meetings to review costs. Source: SL 2003, ch 38, § 2. SPECIAL MEETING 6. Review of funds expended and allocated for the County/City Administrative Office Building Project and discussion regarding construction budget. May 13, 2010 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Obligations incurred to-date on Brookings City/County Administration Building Property acquisition: $1,989,500 Architect contract: 5.9 percent of owner-determined construction budget with a minimum of $472,000 Aesbestos inspection: $5,000 (not to exceed) Site survey: $7,500 (CDI) Informational 7. Adjourn.