HomeMy WebLinkAboutAgenda - 03-17-2015 - 7b1
ORD- 2015 -005
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 17, 2015
Action Agenda
Item No. 7 -b
SUBJECT: Cedar Grove Community Center Construction Bid Award and Approval of
Budget Amendment #6 -B
DEPARTMENT: Asset Management Services, PUBLIC HEARING: (Y /N) No
Finance
ATTACHMENT(S):
1) Site & Floor Plans
2) Certified Bid Tabulation
3) Construction Agreement
PURPOSE: To:
INFORMATION CONTACT:
Jeff Thompson, (919) 245 -2658
Paul Laughton, (919) 245 -2152
David Stancil, (919) 245 -2155
David Cannell, (919) 245 -2651
1) Award a bid to Raccanelli Construction South, Inc. of Apex, North Carolina in the amount
of $2,311,900 for the construction of the Cedar Grove Community Center;
2) Approve Budget Amendment #6 -B in the amount of $104,000 from the Roofing Projects
Capital Project (related to the unused funds for the Northside Human Services Center) to
the Cedar Grove Community Center Capital Project to provide contingency funds for the
project;
3) Authorize the Chair to sign the necessary paperwork upon final review of the County
Attorney; and
4) Authorize the County Manager to execute change orders for the project up to the project
budget.
BACKGROUND: On May 8, 2014 the Board approved a project plan for the Cedar Grove
Community Center and directed staff to move forward with the development of construction
drawings, solicit bids, and present a construction bid award to the Board for consideration. This
decision was informed by several Board presentations on the Center's design and extensive
work with the Resident Advisory Work Group over several months leading up to the May 2014
Board decision. Attachment 1, "Site & Floor Plans ", presented to the Board on May 8, 2014,
illustrates the project.
The facility will house the Community Center, areas for bulk equipment and surplus storage for
the County, and leasable dry storage space for the Piedmont Food and Agricultural Processing
Center ( "PFAP ").
On June 18, 2014 the Board appropriated $2,822,226 in funds within the FY2014 -15 Capital
Investment Plan, supplementing $250,000 in funds previously appropriated for the project in FY
2012 -13. Staff and designer, MBAJ Architects of Raleigh, NC, worked through the summer and
fall of 2014 preparing the construction documents.
Competitive bids from ten firms were opened on February 19, 2015. After a period of review of
the bid documents by County staff and the project designer, Raccanelli Construction South, Inc.
of Apex, NC was determined to be the lowest responsive, responsible bidder for this project
(see Attachment 2, "Certified Bid Tabulation ").
Should the Board of County Commissioners award the bid, the projected construction period is
8 months. Depending upon construction progress, management of unforeseen conditions and
the facility commissioning process, the center will may be completed in the winter of 2015.
Opening of the facility is contemplated to be in early spring of 2016. Terms of the PFAP lease
will be presented to the Board for approval in the spring of 2015.
The proposed bid award contemplates awarding the base bid and all four alternates listed on
Attachment 2, "Certified Bid Tabulation ". Attachment 3, "Construction Agreement ", is the
document prepared by the County Attorney that will govern the project if and when the Board
authorizes the Chair to sign the Agreement.
FINANCIAL IMPACT: The BOCC has approved $3,072,226 for this capital project as part of
the FY2012 -13 and FY2014 -15 Capital Investment Plans. The lowest responsive and
responsible bid is higher than the preliminary estimate and absorbed the pre -bid contingency
funds allocated within the approved capital project amount.
Approval of Budget Amendment #6 -B will provide adequate contingency funds for the project,
re- purposing $104,000 in funds not used in re- roofing the Northside Human Services Center
prior to its deconstruction and the construction of Northside Elementary School within the
Roofing Project fund 30002. Should these contingency funds not be needed, the funds will be
repurposed back to the Roofing Projects Fund 30002.
Cedar Grove Community Center— Project #10016
Revenues for this Droiect:
Appropriated for this Droiect:
FY 2014 -15
Current
Budget
3/17/15
Amendment
FY 2014 -15
Revised
Budget
Available Project Balance
$ 250,000
Amendment
$ 250,000
Debt Financing
$2,822,226
$2,822,226
From Roofing Capital Project
$ 104,000
$ 104,000
Construction /Re airs /Renov.
$ 3,072,226
$ 760,326
$ 2,311,900
Total Project Revenues
$ 3,072,226
$ 104,000
$3,176,226
Appropriated for this Droiect:
FY 2014 -15
3/17/15
FY 2014 -15
Current
Amendment
Revised
Budget
Budget
Professional Services
$ 207,300
$ 207,300
Construction /Re airs /Renov.
$ 3,072,226
$ 760,326
$ 2,311,900
Construction - Roofing
$ 445,600
$ 445,600
Construction - Abatement
$ 51,600
$ 51,600
K
Furniture, Fixtures and Equip.
FY 2014 -15
Current Budget
3/17/15
Amendment
$ 76,000
$ 76,000
Owner's Contingency
Amendment
$ 200,100
$ 83,826
$ 83,826
Total Project Appropriation
$ 3,072,226
From General Fund
$ 104,000
$ 3,176,226
Roofing Project — Project #30002
Revenues for this Droiect:
Aoorooriated for this groiect:
FY 2014 -15
Current Budget
3/17/15
Amendment
FY 2014 -15
Revised Budget
From County Capital
$ 200,100
Amendment
$ 200,100
Debt Financing
$459,010
$459,010
From General Fund
$1,233,000
$104,000
$ 1,129.000
Total Project Appropriation
$ 1,892,110
($104,000)
$ 1,788.110
Total Project Revenues
1 $ 1,892,110
($104,000)
$1,788,110
Aoorooriated for this groiect:
RECOMMENDATION(S): The Manager recommends the Board:
1) Award a bid to Raccanelli Construction South, Inc. of Apex, North Carolina in the amount
of $2,311,900 for the construction of the Cedar Grove Community Center;
2) Approve Budget Amendment #6 -B in the amount of $104,000 from the Roofing Projects
Capital Project (related to the unused funds for the Northside Human Services Center) to
the Cedar Grove Capital Project to provide contingency funds for the project (if
necessary)
3) Authorize the Chair to sign the necessary paperwork upon final review of the County
Attorney; and
4) Authorize the County Manager to execute change orders for the project up to the project
budget.
FY 2014 -15
3/17/15
FY 2014 -15
Current Budget
Amendment
Revised Budget
Professional Services
$68,000
$ 68,000
Roofing Projects
$1,824,110
($104,000)
$ 1,720,110
Total Project Appropriation
$ 1,892,110
($104,000)
$ 1,788.110
RECOMMENDATION(S): The Manager recommends the Board:
1) Award a bid to Raccanelli Construction South, Inc. of Apex, North Carolina in the amount
of $2,311,900 for the construction of the Cedar Grove Community Center;
2) Approve Budget Amendment #6 -B in the amount of $104,000 from the Roofing Projects
Capital Project (related to the unused funds for the Northside Human Services Center) to
the Cedar Grove Capital Project to provide contingency funds for the project (if
necessary)
3) Authorize the Chair to sign the necessary paperwork upon final review of the County
Attorney; and
4) Authorize the County Manager to execute change orders for the project up to the project
budget.
Attachment 1
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Site Plan
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CEDAR GROVE COMMUNITY CENTER
FLOOR PLAN 10.14.14
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PROJECT: Cedar Grove Community Center
COMM NO: 1315
BID DATE: February 19, 2015
BID LOCATION: Orange County
131 West Margaret Lane, Room 004
Hillsborough, NC
BID TABULATION SHEET - SINGLE PRIME CONTRACTOR - COMBINED BID
Attachment 2
FILE NO: B - 8.1
BID DUE: 2:00 p.m
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CONTRACTOR
LIC #
BID
BND
Addenda
MBE
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Safety
Record
BASE BID
ALT 1
ALT 2
ALT 3
ALT 4
1
2
3
Bordeaux Construction Co.
9266 -U
✓
✓
✓
I ✓
✓
✓
✓
$2,505,000
$0
$15,000
$11,230
$132,700
Burney& Burney Construction Co., Inc.:
30238
✓
✓
✓
✓
✓
✓
✓
$3,000,000
$0
$31,000
$10,000
$135,000
D.W. Ward Construction Company, Inc.
7244
✓
✓
✓
✓
✓
✓
✓
$2,359,962
$0
$15,000
$7,900
$119,020
HM Kern Corp.
Kenbridge Construction Co., Inc.
8542
4512
✓
✓
"-I
✓
✓
1/1
✓
✓
✓
✓
✓
✓
✓
✓
$2,266,000 '
$2,394,000
$0
$0
$14,100
$28,000
$6,800
$6,600
$116,600
$120,000
Muter Construction,lLC
73095
✓
✓
✓
✓
✓
✓
✓
$2,695,321
$25,000
$30,000
$15,000
$175,000
Racanelli Construction South, Inc.
Resolute Building Company
69432
14397
✓
✓
✓
✓
1/1
✓
✓
✓
✓
✓
✓
✓
✓
✓
$2,175,000
$2,319,300 ';
$0
$0
$16,000
$18,600
$5,900
$67,000
$115,000
$156,000
S & S Building and Development, LLC
61690
✓
✓
✓
✓
✓
✓
✓
$2,630,499
$0
$33,800
$13,400
$159,200
W.C. Construction
63557
✓
✓
✓
✓
✓
✓
✓
$2,328,128
0
27,000 1
8,000 1
117,500
Alternate 1: Preferred brand mechyanical equipment by Mitsubishi
Alternate 2: Site improvements
Alternate 3: New doors and hardware in storage wings
Alternate 4: New windows in storage wings
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Confirmation Bid Tabulation Sheet
Boomerang Design
Attachment 3 7
[Departmental Use Only]
TITLE Cedar Grove Community Ctr
FY FY2014 -15
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement "), made as of the 17th day of
March, 2015, by and between Raccanelli Construction South, Inc., (hereinafter called the "Contractor "), and
Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the
"County," .. Orange County," or "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 and incorporated General Conditions attached as Exhibit 1.
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:
Construction Drawings prepared by MBAJ Architecture, PA, including the base bid condition,
Alternate 1, Alternate 2, Alternate 3, and Alternate 4. All references within the documents to
the name Boomerang Design refer to MBAJ Architecture, PA (Sheet sets (totaling 60 sheetes):
G101 -103; Survey Sheet; C0.0 -C6.5; A001 -A604; I801, 5101 -5102; P001 -P201; M001 -M403;
E001 -E601 dated 11- 11 -14, along with Addendum #1 dated ; Addendum 92 dated
February 6, 2015, Addendum 93 dated , and Addendum 94 dated )
Revised 10/14
b. Written specifications prepared by the Designer.
c. Raccanelli Construction South, Inc. proposal dated February 19, 2015 which fully describes
the work to be performed, such work (hereinafter called the "Work ").
d. Related documents listed under Section 2 above.
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 January 16, 2016.
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
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
Revised 10/14 2
9
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
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
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 Two Million Three Hundred Eleven Thousand Nine Hundred Dollars ($2,311,900).
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 Orange County, 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 ").
Revised 10/14 3
10
(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.
(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.
Revised 10/14 4
11
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:
Owner:
Orange County
Attn: Jeff Thompson
P.O. Box 8181
Hillsborough, NC 27278
8. MISCELLANEOUS
Contractor:
Raccanelli Construction South, Inc.
1001 Pemberton Road, Suite 202
Apex, NC 27502
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
Revised 10/14 5
12
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
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 or General Conditions shall be declared
invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
Revised 10/14 g
13
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:
By:
Earl McKee, Chair Nicholas Raccanelli, President
Orange County Board of Commissioners Printed Name and Title
Revised 10/14 7