HomeMy WebLinkAboutAgenda - 05-15-2007-6cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2007
Action Agenda
Item No. ~p ~- 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
Sheriff's 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
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 alternates 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 Facilit and New Courthouse Renovations Available
Fundin
Previously Board Approved Pay-As-You-Go Funding $330,000
Alternative Financing Approved for Issuance June 2007 $10,200,000
Market House
Grant Funds $90,000
Em to ee Parkin
Previously Board Approved Pay-As-You-Go Funding $25,000
River Park
Previously Board Approved Pay-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.
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Justice Facility Project
Summary of Bid
Value Engineering Detail
----
Bid Summary
Base Bid $9,899,500
Farmer's Market $196,500
River Park $85,700
AlternateA-3 Pavillion $62,000
Total Gross Construction $10,243,700
Less:
Accepted Value Engineering Items: -$166,862
Total Proposed Bid Award for construction $10,076,838
ption Amount
,ccepted Value Engineering Items Detail:
1echanically Attached TPO for roof -$7,01
refinished 24 gauge metal in lieu of aluminum -$9,70
taircase with h/m tempered in lieu of firelite -$46,45
limination of 8' chain link construction fence -$1,37
revision of C2.0, C3.0 dated 3/26/07 -$1,15
oilet fixture renovation deletion X113,114,203,204 -$39,44
:ast stone coping in lieu of metal coping -$7,74
,Iternative to Carpet/Carpet Tile -$22,97
ise existing supply and return air -$1,50
:eramic Tile alternative -$22,34
Deletion of air temp sensor inputs -$65
VC waste and vent piping where permissable -$6,50
otal value engineering items -$1
Feb 23 20D7 2e54PM
~~.:."~ Elmore
t ~ ~~ ~ [Attorneys
~j {- at Law
KEITH E, C(7LTRAIN
ketth.coltratnCUlelmorawail.com
ELMDRE & tilFiLL
919-865-9501 p.l
vd+~wa.Ehnora4Ya11,co~n
-v-Charlesmn ~ GreonvBle ^ Eialelgh
February 23, 2007
Via Certified Mail and Facsimile to:
(919) 493-?306
Mr_ I~en Redfoot
Conley Redfoot Zack, lnc.
222 Cloister Court
Chapel Hill, North Carolina 27S 14
Via Certified Mail and Facsimile to:
(91.9) 644-3004
Ms. Laura Blackmon
Count3~ Manager
Orange County North Carolina
200 S. Cameron .Street
Hillsborough, I'lorth Carolina 27278
Re: fJxange County Justice Expansior Project
Sid date: February 22, 2007
DeVere Construction Colnpazly, I]ac.'s Request to Withdraw Bid
Dear Mr, Redfoot and IUls. Blackmon,
I am couxlsel fox DeVere Construction. Caznpany, Zrle. ("DeVere") in connection with the
abo~re project. As Mr. Dustin Crittenden has previously discussed with Mr. Redfoot, DeVere
hereby requests, pursuant to N.C. Gell. ~ 143-129.1, that it be allowed to withdraw its bid
I("Bid") submitted yesterday for the C}range 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 an DeVere's employee`s
misunderstanding afthe directions on the bid alternate tabulation sheet. The bid alternate
tabulation sheet included the direction:
Should any of the alternates as dQSCribed in the contract documents be accepted
the arrcount written below shall be the amount to be "added to" or "deducted
,from" the base bid (Strike out 'Add" or "Deduct" as appropYiate}.
(Addendum #~, 2/15/07 FP-2).
Proper completion of this foz~rz~t requires the bidder to strike the word "Deduct" when they
wanted to add additional funds to the contract for the alternate. Similarly, the bidder would
strike the ward "Add" when they wanted to subtract funds for election afthe alternate. Attached
as Exhibit A is an accurate copy of the worksheet prepared by DeVere's estimator, Dustin
Crittenden on February 22nd. Mr. Crittenden`s office is located in Alpena, IVII. As shown by
Exhibit A, Mr. Crittenden intended to add funds for each of the possible alternates that the
Eimnre & 4Vaii, P.A. • 3737 Glenwood Avenue• 5utte I00 (27612} • Post Otflce Box ]0937 • Ratetgh, North Garoiina 27605 • iefophone: 91?.865.9500 • facsimile: 919,865,9501
Feb 23 2007 z:54PM ELMORE a WFiLL 919-£i65-9501 p.2
,..
Mr. Ken Reelfoot
Ms. Laura Blackmon
Pebxuary 23, 2007
Page No. 2
County might select and indicated the sane by striking the words, "Deduct," for each alternate.
To submit the Bid to the County, Mr. Crittenden prepared the alternate tabulation sheet.
He then transmitted the same to his assistant, Ms. ~%endy Sheppard. Ms. Sheppard then verbally
communicated the price infoxxnation to DeVere's I~Torth Carolina employee, Mr. Chris Meyer
.who completed the Bid alternate tabulation sheet and submitted the Bid to the County. Ms.
Sheppard's experience had always been to circle the selected terms rather than strike them.
Therefore, v~7thout understanding the difference in bidding procedures £ar this project and
i~zthout checking with Mr. Crittenden, Ms. Sheppard verbally instructed Mr. Meyer, to circle the
word(s) "Deduct" on the Hid alternate tabulation sheet in lieu of striking those wards 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 whatDaVere intended; i.e.,
to strike the word "Deduct" so as to increase the contract Burn by the respective amount for any
given alternate. However, if one interprets the circles to indicate that UeVere wanted to actually
subtract tl~e respective amount, then the Bid does not reflect what DeVere intended. Further,
such an interpretation would Lead to the nonsensical result that DeVere intended to be paid less
should the Countyelect 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 wi11 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 ar to
disclose other documents reasonably necessary for the County to consider this request in
accordance w7th1~1.C. +Gen. Stat. §143-129.1.
Please feel free to contact me or Dustin Crittenden (989) -356-4411 should you have any
. questions.
Feb 23 2997 2:5~FPM ELMORE & WRLL
~ ~ ..
Mr.1~'.en Redfoot
Ms. Laura Blackmon
February 23, 200?
Page No. 3
KEC/ca
enclosures
cc: w/encl:
Mr. Dustin Crittenden
Mr. Tom Adams
919-865-9501
Yours truly,
gLMpRE ~k W'ALL; P.A.
th E. Coltrain
p.3
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• ••
~~1 y,_~
•
' •' 's
.Alternate 8-'f: Heavy-dutyAspheit Pavement -
IAdd1 • (D~`e`chtct„1~, Dollars $~ ~ ~ ~~t~ ~
Afte crate 8- • .:Metal I~ooiing on Public Market Hatse
f
tAdct) (L'~dicctl D llars($) ~2~_lt]~~"
"C~ , -~ .
,Base E31d'C' Alterriatee
Alternate. Gi: pedestrian Bridge over StiAhouse Creek .
Add ~ D ~ Dollars O •0 ~ ~ •
P~~~tot7ingl ubco"i`P ''~' ' -1t- I V`"t ~ ~ 1 ~,
~Stwutd eny oi~ the altemafiss as described Fn the contract documents be accepted, the amaun( written ,
•below she,Q be the amount to be "added ~to" ar "deducted from" the base Bid. (Sftlke out "Add" ar
"Qeduce' as apprvpriate.j
g~4 C~I~{ 'A' Alternates ,~ ~ ~ ~, ~'S,~ ~•~
Alternate A-1: Rainwater Cogectian and Reuse System. ~ ~'~~~ .
fAddl f~lctl .___' • ~ Dollars{$~ 'T~~~~
,~
Alternate A-2; HVAG EMS Control System
tAadt t~e^ at~1 _
•A teina A-3; Exterior Pavilion
fAddl---- _ dual - --- -- - '
Fir{e~Protection Subccsrttractar:
M~ecQha~nical Subcontractor: • j -^~
Electrical Subcontractor- •
......~... - ~ ~t=P-2
Addendum #'~, 2115/+77
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