HomeMy WebLinkAboutAgenda - 06-03-2014 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2014
Action Agenda
Item No. 7 -b
SUBJECT: Orange County SportsPlex Lobby Renovation Construction Bid Award
DEPARTMENT: Asset Management Services, PUBLIC HEARING: (Y /N) No
Finance & Administrative
Services, Orange County
SportsPlex
ATTACHMENT(S):
1) Bid Tabulation
2) Construction Agreement
(Attachments #1 and #2 to the
Agreement are available at
http. / /www. co. orange. nc. us/AssetM
gmt /documents /SportsPlexConstruc
tionAgreementAttachments.pdf -
Hard Copy Available Upon
Request)
3) Architectural Floor Plan
PURPOSE: To:
INFORMATION CONTACT:
Jeff Thompson, (919) 245 -2658
Clarence Grier, (919) 245 -2453
David Cannell, (919) 245 -2651
John Stock, (919) 644 -0339
1
1) Award a bid to Riggs- Harrod Builders, Inc. of Durham, North Carolina in the amount of
$429,550 for the construction of the Orange County SportsPlex Lobby Renovation;
2) Authorize the Chair to sign the necessary paperwork upon final approval of the County
Attorney; and
3) Authorize the County Manager to execute change orders for the project up to the project
budget.
BACKGROUND: The Board authorized the Manager to proceed with the design and
construction bid solicitation for the Orange County SportsPlex lobby renovation as part of the
FY2013 -14 Capital Investment Plan. The focus of the renovation is to allow for more
programming space within the SportsPlex to accommodate its current and future growth.
Competitive bids from ten firms were opened on April 24, 2014. After a period of review of the
bid documents by County staff and the project designer, Riggs- Harrod Builders, Inc. of Durham,
NC was determined to be the lowest responsive, responsible bidder for this project (see
Attachment 1, "Bid Tabulation ").
The bid award amount consists of the base bid and alternate #1A, opaque glass inserts for the
multi - purpose group exercise room visual privacy separation from the ice rink. Attachment 2,
"Construction Agreement ", is the document prepared by the County Attorney that will govern the
project pending the Board authorizing the Chair to sign the Agreement and related paperwork.
Should the Board of County Commissioners award the bid, the projected construction will begin
in June 2014 and will be completed in the fall. The construction will occur while the facility
remains open and will be accomplished with a phasing plan directed by Construction
Agreement. Staff will share information on the phasing plan at the meeting. Attachment 3,
"Architectural Floor Plan ", depicts the finished renovation condition.
FINANCIAL IMPACT: The BOCC has approved $440,000 for this project as part of the
FY2013 -14 Capital Investment Plan.
RECOMMENDATION(S): The Manager recommends the Board:
1) Award a bid to Riggs- Harrod Builders, Inc. of Durham, North Carolina in the amount of
$429,550 for the construction of the Orange County SportsPlex Lobby Renovation;
2) Authorize the Chair to sign the necessary paperwork upon final approval of the County
Attorney; and
3) Authorize the County Manager to execute change orders for the project up to the project
budget.
ATTACHMENT 1
BID TABULATION
ORANGE COUNTY BID NUMBER 367 -294
SPORTSPLEX RENOVATIONS APRIL 24, 2014; 2:00 PM
NAME OF BIDDER
LICENSE #
BID
BOND
ADDENDUM
1, 2, 3, 4
MBE
SAFETY
INFO
E-
VERIFY
BASE BID
ALT 1A
ALT 1B
ALT 2
GGS HARROD
18667
Y
Y
Y
Y
Y
$ 426,950.00
$ 2,600.00
$ 3,000.00
$ 58,300.00
&S
61690
Y
Y
Y
Y
Y
$ 432,895.00
$ 3,100.00
$ 1,650.00
$ 56,740.00
DYTHRESS
30760
Y
Y
Y
Y
Y
$ 454,900.00
$ 2,550.00
$ 1,975.00
$ 54,975.00
SOLUTE
14397
Y
Y
Y
Y
Y
$ 477,300.00
$ 2,500.00
$ 3,100.00
$ 60,500.00
JRNEY & BURNEY
30238
Y
Y
Y
Y
Y
$ 488,000.00
$ 2,770.00
$ 3,536.00
$ 66,010.00
AVID HILL BUILDERS
32728
Y
Y
Y
Y
Y
$ 504,790.00
$ 2,600.00
$ 1,700.00
$ 59,400.00
�OGRESSIVE
36100
Y
Y
Y
Y
Y
$ 507,300.00
$ 2,350.00
$ 1,500.00
$ 62,400.00
M KERN
8542
Y
Y
Y
Y
Y
$ 514,700.00
$ 2,700.00
$ 3,400.00
$ 57,600.00
AVE'S CONSTRUCTION
31908
Y
Y
Y
Y
Y
$ 560,140.00
$ 2,632.00
$ 3,360.00
1 $ 55,888.00
JLAND CONSTRUCTION
BID WITHDRAWN PURSUANT TO N.C.G.S. 143 -129.1
Attachment 2
NORTH CAROLINA
[Departmental Use Only]
TITLE Sportsplex Lobby
FY FY2013 -14
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
0
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement "), made as of the 3rd day of
June, 2014, by and between Riggs - Harrod Builders, Inc., (hereinafter called the "Contractor "), and Orange
County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the
"Owner ").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field
orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract
Documents form the Contract. In the event of any inconsistency between or among the Contract Documents
the Contract Documents shall be interpreted in the following order of priority:
a. This Agreement with incorporated General Conditions.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and /or field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice -to- Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Burke Design (Sheet Index dated November 20, 2013,
Project Manual dated March 24, 2014 and Addendums #1, #2, and #3 described in Attachment
1 dated April 7, 2014 for addendum #1; April 14, 2014 for addendum #2; and April 17, 2014
for addendum #3)
b. Written specifications prepared by the Designer.
c. Contractor Bid proposal dated April 24, 2014 described in Attachment 2 which fully describes
the work to be performed, such work (hereinafter called the "Work ").
d. Related documents listed under Section 2 above.
Revised 1/14
3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice -to Proceed.
b. The Contractor agrees to complete substantially all Work included by October 31, 2014.
Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice -to- Proceed to be executed by the Contractor
and Owner.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality, accuracy and timely completion and /or submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub- subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub- subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be
required to comply with all federal, state and local antidiscrimination laws, regulations and
policies that relate to the performance of Contractor's services under this Agreement.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and /or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
credentials and that such licenses certifications, or credentials are current, active, and not in a
state of suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Revised 1/14 2
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without approval or written
permission of the Owner and /or Designer shall be removed and replaced at Contractor's
expense.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not -to-
exceed Four Hundred Twenty Nine Thousand Five Hundred Fifty Dollars ($429,550). Not
later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's
Representative, generally the Designer if a Designer is retained on the Work, a Request for
Payment for work done during the previous calendar month.
(i) The Request for Payment shall be in form of a standardized invoice or AIA Document
G702 -703 appropriately addressed to Owner's Representative at PO Box 8181,
Hillsborough NC 27278 and shall show substantially the value of work done during
the previous calendar month.
(ii) The amount due for payment shall be ninety -five percent (95 %) of the value of work
completed since the last Request for Payment and this amount shall be paid by the
Owner on or before the last business day of the month. Owner shall retain five percent
(5 %) (the "Retainage ").
(1) Upon Owner's Representative's certification that fifty percent (50 %) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent (2'/z %).
(2) Upon Owner's Representative's certification that ninety percent (90 %) of the
Work has been satisfactorily completed Retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
Revised 1/14 3
7
(iii) Final payment shall not be due to the Contractor until thirty (30) days after Final
Completion of the Work, including punch list work, has been satisfactorily completed
and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)
below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to
cure the breach. Owner may withhold the accompanying payment without penalty until such
time as Contractor cures the breach.
(i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or
fail to reasonably agree to such modified schedule, Owner may immediately terminate
this Agreement in writing, without penalty or incurring further obligation to
Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON — APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
and non - appropriation of public funds. It is expressly agreed that Owner shall not activate this
non - appropriation provision for its convenience or to circumvent the requirements of this
Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and /or mandated
functions, by state and /or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to Owner upon written notice to Contractor of such
limitation or change in Owner's legal authority.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Revised 1/14 4
Owner:
Orange County
Attn: Jeff Thompson
P.O. Box 8181
Hillsborough, NC 27278
Contractor:
Riggs- Harrod Builders, Inc.
1117 East Geer Street
Durham, NC 27707
8. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state, federal or local law, rules, regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing shall be
conducted by an independent third party at the expense of the Owner. Delays related to any of
the aforementioned tests and inspections shall not be grounds for delaying the completion of
the work. If any such tests and inspections reveal deficiencies in the Work such that the Work
does not comply with terms or requirements of the Contract Documents and /or the
requirements of any code or law the Contractor is solely responsible for the cost of bringing
such deficiencies into compliance with the terms of the Contract Documents and /or any code
or law.
d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner
reject any portion of the Work for failing to comply with the Contract Documents Contractor
shall immediately, at Contractor's expense, correct the Work. Any such rejection may be
made before or after substantial completion. If applicable, any additional expense borne by the
Designer under this section shall be paid at Contractor's expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use, income, financing, or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non - direct
damages.
10. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice -to- Proceed,
together with Modifications made or issued in accordance herewith are the Contract Documents, and the work,
labor, materials and completed construction required by the Contract Documents and all parts thereof is the
Revised 1/14 5
9
Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or
unenforceable, the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
Revised 1/14 g
10
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
Signature Signature
Printed Name and Title
Attest:
Donna Baker, Clerk to the Board
This instrument has been approved as to technical content.
Jeff Thompson, Department Director
This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Office of the Chief Financial Officer
This instrument has been approved as to legal form and sufficiency.
Office of the County Attorney
Revised 1/14 7
11
Attachment 3