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Home My WebLink AboutS Purchasing -Devere Construction Co Justice Facility Exp1 • 1 ORANGE COUNTY BOARD OF COMMISSIONERS • • • ACTION AGENDA ITEM ABSTRACT Meeting Date: May 15, 2007 Action Agenda Item No. ~ - G SUBJECT: Justice Facility Expansion Bid-Award and Contract Approval DEPARTMENT: Purchasing and Budget PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Bid Tabulation Value Engineering Schedule Letter from DeVere Construction Co. INFORMATION CONTACT: Pam Jones, Purchasing 919 245-2652 Donna Coffey, Budget 919 245-2151 PURPOSE: To consider awarding a bid and approving a contract with Bordeaux Construction, Inc., Durham, NC for the 40,227 square foot new construction and renovation of the Orange County Justice Facility; and to approve the withdrawal of a bid without forfeiture of accompanying bid bond from DeVere Construction Company, pursuant to NC GS 143-129.1. BACKGROUND: Bids were received for the Justice Facilities Expansion project on February 22, 2007, with Bordeaux Construction, Inc. submitting the lowest responsible bid that was responsive. As a reminder, the project consists of three major components: • An addition to the existing courthouse, as well as some limited renovations to some areas -within the existing courthouse. This portion of the project also includes the construction of amulti-purpose pavilion that will be situated on Margaret Lane and will serve as a transit stop and public information area; and • Construction of a public market house for use as a farmer's market. This portion of the project also includes the addition of remote restroom facilities adjacent to the existing Sheriffs office to serve the Market and park areas; and • Construction of some trails and limited low impact recreation areas in the River Park. Since the bid opening, County staff has collaborated with the project team, including Corley Redfoot Zack (architect), Jeff Thompson (contract project manager) and the proposed contractor to identify value engineering (VE) elements that would reduce the project cost without overall adverse impact on project outcome. The identified VE elements are listed on the attached schedule. The facility expansion project includes several sustainable design elements that are integrated into the design of the facility, including but not limited to, significant daylighting strategies and a geothermal heating system for the new and existing portions of the building. The rainwater collection system for the building was bid as an alternate; however, it is not recommended for award due to the significant construction cost ($142,870) and the significant payback period. Funding beyond that contemplated in this abstract would be required should the Board choose to include the rainwater collection system in the project. . , 2 F Should the Board of County Commissioners approve this bid award, construction is scheduled to commence by June 1, 2007. The Public Market House is ready for delivery at this time. The contractor will begin site preparation during the initial phases of the job, with completion of the • Market anticipated in July 2007. The remaining portion of the project (expansion and renovation of courthouse and the park) will be completed in late-2009. Note that additional funding for items needed for the completion of the project will be included in future years' Capital Investment Plans. Examples of future funding needs include furniture and equipment for the project, including the security equipment required for the point of entry checkpoint that will be established at the main entrance to the facility. DeVere Construction Company requested its bid be withdrawn without forfeiture of the accompanying bid bond due to an obvious clerical error in producing the bid (see attached letter). NC G.S. 143-129.1 indicates that "A public agency may allow a bidder submitting a bid pursuant to G.S. 143-129 for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment to withdraw his bid from consideration after the bid opening without forfeiture of his bid security if the price bid was based upon a mistake, which constituted a substantial error, provided the bid was submitted in good faith, and the bidder submits credible evidence that the mistake was clerical in nature as opposed to a judgment error..." The Statute further provides that the request for withdrawal be made in writing to the public agency within 72 hours of the bid opening. Review by staff and the County Attorney has determined that the bid in question appears to have been submitted with an obvious error in the amounts submitted for the alternates. This bidder could have been declared the low bidder had the erroneous pricing for the altemates been considered. Staff and the County Attorney recommend that the Board • authorize the bid to be withdrawn as allowed by Statute and written notice of the outcome be provided to DeVere Construction. DeVere Construction Company will provide no material or labor, nor will they perform any subcontract or other work associated with this project or for any person associated with this project. FINANCIAL IMPACT: Currently available funding for the project elements outlined in the Background section includes: Justice Facili and New Courthouse Renovations Available Fundin Previously Board A proved Pa -As-You-Go Funding $330,000 Alternative Financin Approved for Issuance June 2007 $10,200,000 Market House Grant Funds $90,000 Em to ee Parkin Previous) .Board Approved Pay-As-You-Go Fundin $25,000 River Park Previously Board Approved Pa -As-You-Go Funding $50,000 Anticipated Contribution from Town of Hillsborough $50,000 Total Funding $10,745,000 As currently planned and bid, the estimated expenditure for the project elements outlined in the Background section totals $11,145,000, leaving a $400,000 shortfall between available funding and planned expenditures. Staff recommends that the Board approve a funding plan that • appropriates additional County pay-as-you-go funding in future years (2007-08 through 2009- 10). This approach is similar to funding plans. approved by the Board for Carrboro High School and Chapel Hill Carrboro City Schools Elementary #10. • Should the Board approve this proposed funding plan, staff will incorporate full funding of the project in the 2008-18 Capital Investment Plan (CIP) planned for presentation to the Board in October 2007. RECOMMENDATION(S): The Manager recommends that the Board award a bid in an amount not exceed $10,076,838 to Bordeaux Construction Company, Inc; authorize the Manager to execute change orders as may be required; authorize the. Chair to sign a contract, subject to final review by the County Attorney; and approve the withdrawal of a bid by DeVere Construction Company without forfeiture of accompanying bid bond pursuant to N.C. G.S. 143- 129.1 as outlined above. • • Oran~;c C~aunt~~ Justice Expansion, Public Mat•ket House and Iti~'er Park laid "tabulation Bids Receivec~l: Februar~~ 22, ?007 Single-1'riluc ~ General Contractors Lic. ~ Bid Bond Min. Bus. Add. Recd. Base Bid 'A' Courthouse Addition and Renovation Base. Bid 'B' Public Market I-louse Base [3id'C' River ['ark B1~1-dcaux Constnlction 9266 ^ ^ ^ `9,399,500.00 ~ 196,500.00 535,71)0.00 Dc~'cre Construction 4609? ^ ^ ^ ~ 10,253.000.00 X263,000.00 y 132,000.00 T. ;~. Loving 325 ^ ^ ^ ~ 10,797,000.00 ~ 135.600.00 S 1 17.600.00 1•~la~~C ~~Olltill-UCt1011 -1. '~~1. '1-h~mlpson Co. 474 ^ ^ ^ ~ 11,23>,000.00 $260,000.00 5110,400.00 Bids as sho~,vn above, received at 3:00 Pm, Thursday, February 22, 2007, have been checked, validated and are hereb~~ certit~icd as correcC. hcnnctll ~.. Redfuot, AIA O • • • • • • ~• •, Oranl;c County Justice Expansion, Public Market House and River Park t3id Tabulation Bids Received: l~ebruary 22, 2007 Single-I'ritne _ General Contractors Alternate A-1 Rainwater Reuse System Alternate A-2 HVAC EMS Control System Alternate A-3 Exterior Pavilion Alternate B-l Heavy-duty As halt I'avinu Alte-•ttate B-? Metal Roofing ;~lternatc C'-1 P(:dcstrian L3rid~e 13ordcaux Construction `);142,870.00 no change $62,000.00 ~ 1$, i>0.00 X37,930.00 $20,425.00 DeVerc Construction ($185,000.00) S0.00 (~10(i,000.00) ($21,000.00) 032,000.00) 0+30,000.00) T. A. Lo~~ing X352,000.00 ~ 18,000.00 $66,300.00 $19,000.00 $40,000.00 X29,000.00 T7]alle Construction ,I. ~~1. "Chompson Co. X231,000.00 ~ 17,500.00 ~ 106,000.00 S 18,200.00 $38, l 00.00 X43,000.00 Single-Prime ~ General Contractors Plumbing Subcontractor Fire Protection Subcontractor Mechanical Subcontractor Electrical Subcontractor Bordeaux Construction Wake Precision Warren-Hay JC Electric DrVerc Constnlction Wake Precision Warren-Hay JC Electric. "1". A. Lo~~ing Maybet•ry Precision Comfort Eng. Lewis ^l hilllt ~..'on5lrllCtlol] ,l. ~-1. ~1~1]rmpson C'u. Southern Piping Precision Comfort Eng. JC Electric 0 Justice Facility Project Summary of Bid Value Engineering Detail Base Bid $9,899, Farmer's Market $196, River Park $85, IternateA-3 Pavillion $62, Total Gross Construction $10,243, Less: ccepted Value Engineering Items: -$166, Total Pro osed Bid Award for construction $10,076, Amount Accepted Value Engineering Items Detail: Mechanically Attached TPO for roof Prefinished 24 gauge metal in lieu of aluminum Staircase with h/m tempered in lieu of firelite Elimination of B' chain link construction fence Revision of C2.0, C3.0 dated 3/26/07 Toilet fixture renovation deletion X113,114,203,204 Cast stone coping in lieu of metal coping Iternative to Carpet/Carpet Tile Use existing supply and return air Ceramic Tile alternative Deletion of air temp sensor inputs PVC waste and vent piping where permissible Total value en ineerin items -$7,018 -$9,703 -$46,452 -$1,375 -$1,156 -$39,447 -$7,743 -$22,978 -$1,500 -$22,340 D • • Feb 23 2007 2:54PM Elmore ~ 1lt~all>~ KEIfH E, tALTRAIN keith.coltralnQeeknorewae.mm ELMORE & WRLL 919-865-9501 p. 1 _ -_- - O .__~_ _.. vawv:.ElnmreWaA.corn __~ Charleatnn • GreemrHle • Ralalgh February 23, 2007 Via Certified Mail and Facsimile to: (919) 493-7306 Mr. Ken Redfoot Corley Redfoot Zack, Inc. 222 Cloister Court Chapel Hill, North Carolina 27Si4 Via Certif ed Mail and Facsimile to: (919) 644-3804 Ms; Laura Blackmon County Manager Orange County North Carolina 200 S. Cameron Street Hillsborough, North Carolina. 27278 Re: Orange County Justice Expansion Project Sid date: February 22, 2Q07 DeVere Construction Company, Int.'s Regaest to Withdraw Bid • Dear Mr. Reelfoot and Ms. Blac[unon, I am counsel for DeVere Construction Company, Inc. ("DeVere") in connection with the above project. As Mr. Dustin Crittenden has previously discussed with Mr. Reelfoot, DeV ere hereby requests, pursuant to N.C. Gen. § I43-129.1, that it be allowed to withdraw its bid ("Bid") submitted yesterday for the Change County Justice Expansion Project without forfeiture of its accompanying bid bond. The grounds for this request are summarized as follows: The Bid included a substantial, good faith, clerical error based in DeVere's employee's misunderstanding of the directions on the bid alternate tabulation sheet. The bid alternate tabulation sheet included the direction: Should arty of the alternates as described in the contract documents be accepted the amount written below shall be the amount to be "added to" or "deducted from" the base bid (Strike out 'Add" or "Deduct" as appropriate). (Addendum #7, 21I 5/07 FP-2). Proper completion of this form requires the bidder to strike the word "Deduct" when they wanted tv add additional funds to the contract for the alternate. Similarly, the bidder would strike the word "Add" when they wanted to subtract funds for election ofthe alternate. Attached as Exhibit A is an accurate copy of the worksheet prepared by DeVete's estimator, Dustin Crittenden on February 22nd. Mr. Crittenden's office is located in Alpena, MI. As shown by • Exhibit A,1Vfr. Crittenden intended to add funds far each of the possible alternates that the Elmore & Wall, P.A. ~ 3737 Glenwood Avenue, Sutte 100127612) • Post office Bax ]0937 • Raleigh, North Caroline 27605 • telephone: 91°.865.9500 • farshnlle: 919.865.9501 Feb 23 2DD7 2:54PM ELMORE d WRLL 915-865-9501 p.2 Mr. Ken Reelfoot • Ms. Laura Blackmon February 23, 2047 Page No. 2 County might select and indicaxed the same by striking the words, '.'Deduct," for each alternate. To submit the Bid to the County,lVlr. Crittenden prepared the alternate tabulation sheet. He then transmitted the same to his assistant, Ms. Wendy Sheppard. Ms. Sheppard then verbally communicated the price information to DeVere's North Carolina employee, Mr. Chris Meyer who completed the Bid alternate tabulation sheet and submitted the Bid to the County. Ms. Sheppard's experience had alw$ys been to circle the selected terms rather than strike them. Therefore, v~ithout understanding the difference in biddrng procedures for this project and v~Zthout checking with Mr. Crittenden, Ms. Sheppard verbally instructed Mr. Meyer, to circle the word(s) "Deduct" on the Bid alternate tabulation sheet in lieu of striking those words as intended by Mr. Crittenden. This error may create confusion in what DeVere intended to submit as the Bid (the . original and only copy of which is included in the Bid submitted to Mr. Reelfoot.) If one interprets the circles to be "strikes," then the Bid accurately reflects what DeVere intended; i.e., to strike the word "Deduct" so as to increase the contract sum by the respective amount for any given alternate. However, if one interprets the circles to indicate that DeVere wanted to actually • subtract the respective amount, then the Bid does mot reflect what DeVere intended. k3arther, such an interpretation would lead to the nonsensical result that DeVere intended to be paid less should the County~elect to increase the scope of work, This interpretation would constitute a substantial clerical error. Because of the above possible confusion, DeVere believes that it is best that it withdraw its Bid with the County if the County will consent to the same without requiring DeVere to forfeit its bid bond and hereby requests that its Bid be withdrawn accordingly. . DeVere states that it has not previously nor will in the future associate with any other contractors to perform work on the project should the County consent to the Bid withdraw. DeVere will also make itself available to answer any questions the County should have or to disclose other documents reasonably necessary for the County to considez this request in accon3ance with N.C. Gen. Stat. §143-129.1. Please fee] fi~ee to contact me or Dustin Crittenden (989) -356-4,411 should you have any . questions. • i i• Feb 23 2007 2:54PM ELMORE & WALL ~ ~ .. Mr. Ken Redfoot Ms. Laura Blackmon -February 23, 2007 Page No. 3 KEC/ca enclosures cc: wlencl: Mr. Dustin Crittenden Mr. Tom Adams ~. th E. Coltrain 919-865-9501 p.3 Yours truly, ELMORE ~ WALL; P.A. 02/23/2007 09:32 9893561198 Df°IERE CpNSTRUCTI~I -PAGE 03 • • :~o~ue,u~oagng f~l~~~sp ~.. • ~ :~a4~tuoo~ uoliae3ad ~!~ . 1 ~ S - 1Q ~7 - 1~~ ~yooRn 6u• ~ ' ' ' ~. _ ~{aerJ asno~ppfg Deno ~Op~g ~sePed ~L-~ . 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NC G.S. 143-129.1 indicates that "A public agency may allow a bidder submitting a bid pursuant to G.S. 143-129 for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment to withdraw his bid from consideration after the bid opening without forfeiture of his bid security if the price bid was based upon a mistake, which constituted a substantial error, provided the bid was submitted in good faith, and the bidder submits credible evidence that the mistake was clerical in nature as opposed to a judgment error..." The Statute further provides that the request for withdrawal be made in writing to the public agency within 72 hours of the bid opening. Review by staff and the County Attorney has determined that the bid in question appears to have been submitted with an obvious error in the amounts submitted for the alternates. Further, the request for withdrawal was presented within the required timeframe. Pursuant to Statute, DeVere Construction Company will provide no material or labor, nor will they perform any subcontract or other work associated with this project or for any person associated with this project. • Orange County Board of Commissioners ruled, pursuant to NC General Statutes Section 143-129.1, that the bid of DeVere Construction Company is allowed to be withdrawn for the reasons provided in the documents presented and the information otherwise provided without forfeiture of DeVere Construction Company's bid bond. Approved this 15th day of May, 2007. Moses Carey, Jr., Chair Orange County Commissio 1, Donna S. Baker, Clerk to the Orange County Commissioners certify this to be a true and accurate accounting of action taken by the Orange County Board of Commis toners on y 15, 2007. Donna S. Baker, Clerk to the Board •