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December 15, 2008 (Regular Meeting) <br />Page 1108 <br />that will provide relief to Harris Road, Concord, J.M. Robinson <br />and Northwest Middle Schools. <br />Cabarrus County Schools operating at 110$ capacity are considered <br />to be operating at the maximum capacity. <br />Mr. Marshall reported the following: the project is a mixed-use project <br />that includes a commercial aspect and falls under the previous Adequate <br />Public Facilities Ordinance (APFO); staff had been given a courtesy review of <br />the commercial portion of the project, yet was not made aware of the <br />residential aspect until later; upon learning of the residential portion, the <br />County has been working with the developers to establish the terms of the <br />Consent Agreement; etc. Mr. Marshall also responded to multiple questions <br />from the Board regarding school capacity. <br />Chairman White called for a motion to approve the Consent Agreement <br />between Cabarrus County and Shea Homes, LLC for the Edison Square condominium <br />project, including the payment of $1,331.00 per lot to advance school <br />adequacy with payment due prior to the issuance of building permits, and to <br />authorize the County Manager to execute the Agreement on behalf of Cabarrus <br />County, subject to review or revisions by the County Attorney. <br />Chairman White called for a motion; after hearing none, no action was <br />taken on this item. <br />(G-3) Discussion Concerning the Use of a Construction Manager At Risk for <br />the New Office Building to be Located Within the Proposed Government Complex <br />(Old Fairgrounds) <br />Mike Downs, Deputy County Manager, presented information related to the <br />use of a Construction Manager At-Risk for the new office building to be <br />located within the proposed government complex (Old Fairgrounds). He <br />reported that now is the time to bring a Construction Manager At-Risk into <br />the project if the Board chooses to do so. He also stated that he has met <br />with Vice Chairman Mynatt and Commissioner Poole and addressed their personal <br />questions and concerns. <br />In response to a question from Vice Chairman Mynatt, Mr. Downs and John <br />Day, County Manager, described the process for choosing a Construction <br />Manager At-Risk, stating that the County could send out Requests for <br />Proposals (RFP) and present them to the Board for selection. Mr. Day <br />explained that the Board may implement any selection procedure they choose. <br />He also stated that RFP's could be sent out and staff could possibly present <br />the returned RFP packages to the Board by the January 5 Work Session. <br />Vice Chairman Mynatt MOVED to proceed with the RFP (request for <br />proposals) process and make a recommendation to the Board of Commissioners. <br />Commissioner Poole seconded the motion. <br />Commissioner Privette reviewed a study completed by the John Locke <br />Foundation in which Construction Management At-Risk is described as <br />unbeneficial. He also commented on the "Guaranteed Maximum Price" (GMP) as <br />it relates to Construction Management At-Risk and questioned if the school <br />systems in Cabarrus County use this type of management. <br />Vice Chairman Mynatt reported that the Cabarrus County School system <br />employs a construction team. She also commented that the American Institute <br />of Architects is supportive of the Construction Management At-Risk method and <br />that such management ensures high quality and coordination. <br />Commissioner Poole expressed support for a Construction Manager At-Risk <br />being brought into the design process of this project rather than later in <br />the process. <br />Commissioner Carruth commented that utilizing a Construction Manager <br />At-Risk provides a certain amount of legal protection between the County and <br />subcontractors. <br />Further discussion continued and Mr. Downs responded to additional <br />questions from the Board regarding soil testing at the jail housing unit; the <br />use of local subcontractors; etc. <br />Commissioner Privette expressed opposition to using a method that <br />doesn't save the taxpayers' money and voiced his intent to vote against the <br />motion. <br />