HomeMy WebLinkAboutAgenda 12-14-21; 8-d - Lake Orange Erosion Control Barrier Replacement Project - Construction Contract Award 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2021
Action Agenda
Item No. 8-d
SUBJECT: Lake Orange Erosion Control Barrier Replacement Project - Construction
Contract Award
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT(S):
1. DRAFT Construction Agreement Christopher Sandt, Staff Engineer,
(Construction Contract) between Owner (919) 245-2583
and Contractor (over $250,000) Craig Benedict, Planning & Inspections
2. FY2021-26 CIP Summary for Lake Director, (919) 245-2585
Orange Dam Rehabilitation Jovana Amaro, Purchasing Agent,
3. Project Scope — Lake Orange Erosion (919) 245-2651
Control Barrier Replacement Project
4. Bid Tabulation
PURPOSE: To award a contract for the construction of the Lake Orange Erosion Control Barrier
Replacement Project.
BACKGROUND: In July 2020, the County Manager approved a consulting services contract with
the qualified engineering consulting firm, Alpha and Omega Group, PC, for the development of
construction drawings and bid documents for use in competitive bid solicitation and a construction
agreement award for the Lake Orange Erosion Control Barrier Replacement Project (hereafter
"the Project"). In May 2021, the County Manager approved an amendment to the original
consulting services contract with Alpha and Omega Group, PC for additional consulting services
related to Bidding and Award Assistance, Construction Engineering and Inspections, Construction
Materials Testing, and Post Construction Phase services for the Project.
The Project is part of Orange County's current (FY2021-26) Capital Investment Plan (CIP) (see
Attachment 2 for FY2021-26 CIP Summary). The Project scope involves the repair/rehabilitation
of the existing erosion control barrier and emergency spillway approach on the Lake Orange dam
(see Attachment 3 for a display of basic Project scope). In order to commence construction and
help ensure worker safety, the water surface of Lake Orange will be temporarily lowered (i.e.
drawn down) by a maximum of seven (7)feet below normal pool for approximately four(4) months.
On October 29, 2021, Orange County published an informal Advertisement for Bids (Orange
County Bid No. 367-OC 5339) for the Project. On December 3, 2021, Orange County received
two (2) electronic bids from qualified General Contractors (see Attachment 4 for a copy of the Bid
Tabulation for the Project).
The lowest responsible and responsive bidder for the Project as determined by staff is FSC II,
LLC dba Fred Smith Company (hereafter "the Fred Smith Company") of Raleigh, NC. On
2
December 3, 2021, the Fred Smith Company submitted a complete construction bid of $446,579
for the Base Bid, $306,180 for Alternate 1, and $540,950 for Alternate 2. Staff subsequently
requested a "best and final offer" from the Fred Smith Company (the lowest responsive and
responsible bidder) and on December 8, 2021, Staff received from the Fred Smith Company a
revised complete construction bid of $438,000 for the Base Bid. Staff is currently negotiating
costs and other technical details with the Fred Smith Company to develop a final construction
contract that is specific to the Base Bid only. Neither Alternate 1 nor Alternate 2 are proposed for
construction at this time and are not included as part of this item.
The anticipated Project schedule is as follows:
Task Duration/Date
Construction Contract Execution Late December 2021
Lake Drawdown and Construction Late December 2021 —April 2022
Construction Completion and Lake Refill April 2022 through Summer 2022
FINANCIAL IMPACT: Through prior years' CIP budgeting and current year CIP budgeting, the
Board has appropriated $585,000 for design, construction, and management of the Project. The
pending negotiated construction contract will not exceed the appropriated budget for the Project.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this agenda item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gases.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Authorize the County Manager and staff to negotiate a final construction contract with the
Fred Smith Company of Raleigh, NC;
2. Authorize the Board Chair to execute the final construction contract for the Project on
behalf of the Board, contingent upon evidence of responsibility in the contractually-required
supplemental information to be provided by the Fred Smith Company, following the
pending Notice of Award and subject to final review by the County Attorney; and
3. Authorize the County Manager to execute any subsequent construction contract
amendments with the Fred Smith Company on behalf of the Board, up to the approved
budget amount and subject to final review by the County Attorney.
3
[Departmental Use Only]
TITLE LakeOrangeECBarrierRepl.
FY 20-21
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called"Agreement"),made as of the 15th day of
December, 2021, by and between TBD, (hereinafter called the "Contractor"), and Orange County, 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 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 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 Alpha&Omega Group (Sheet CVR through C4.3 [12 plan
sheets] dated 06/15/2021)
b. Written specifications prepared by the Designer.
c. TBD proposal dated December 3, 2021 which fully describes the work to be performed, such
work(hereinafter called the "Work").
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d. Related documents listed under Section 1 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 TBD, 2022.
c. 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 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 shall at all times remain in compliance with all applicable local, state, and federal
laws, rules, and regulations including but not limited to all state and federal non-discrimination
laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and
Orange County Living Wage Policy (each policy is incorporated herein by reference and may
be viewed at http://www.oran ec�ountmc. og v/departments/purchasing_division/contracts.php).
Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the part of
the County. This paragraph is not intended to limit and does not limit the definition of breach
to discrimination.
f. If activities related to the performance of this Agreement require specific licenses,certifications,
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or related credentials Contractor represents that it and 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
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.
i. 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.
j. 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 written approval or written
permission of the Owner or Designer shall be removed and replaced at Contractor's expense.
1. The Contractor shall obtain all necessary permits including all permits required to complete the
Work in compliance with local, state, and federal law.
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
TBD Dollars ($TBD). 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 131 W. Margaret Lane,
2"d Floor, 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 06/21 3
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(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(21/2%).
(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.
(3) The Owner may discontinue withholding retainage in accordance with the
provisions of NCGS-143-(bl)(2)when the project is 50% complete.
(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 (as
determined by the County)completed and an appropriate Affidavit,Indemnification,and
Release as required in Section 5.4(e) of Exhibit 1 has been received and approved 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 or 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 or non-
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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.
c. In the event of a change in the Owner's statutory authority, mandate or mandated functions, by
state 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: Contractor:
Orange County TBD
Attn: Christopher J. Sandt, P.E.
P.O. Box 8181
Hillsborough,NC 27278
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.
c. 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 parry 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 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 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 County has designated (Christopher J. Sandt, P.E.) to act as the County's representative
with respect to the Project and shall have the authority to render decisions within guidelines
established by the County Manager or the County Board of Commissioners and shall be available
during working hours as often as may be reasonably required to render decisions and to furnish
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information.
f. 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.
g. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness
of Contractor's actions to remedy such breach or complete the performance of its obligations.
h. Upon request of the Owner, the Contractor shall submit to County all relevant documentation,
including but not limited to,job cost records, to support its claims for final compensation and if
such request is made final compensation shall not be due until all relevant documentation is
received,reviewed, and approved by 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
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]
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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: By:
Chair, Orange County Board of County TBD
Commissioners (BOCC) Printed Name and Title
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10
Lake Orange - Dam Rehabilitation
Project Category County Project Status: New Project Type
Functional Service Area: Community Services Proposed Bid Date: TBD New
Department: Planning and Starting Date: 7/1/2019 Expansion
Inspections Completion Date: 6/30/2025 Renovation x
Project Number: 10074 Replacement
Project Description/Justification:
Lake Orange is a Class II (WS-II) public water supply reservoir owned by — F
Orange County. The lake was created in 1968 via the construction of an
earthen dam and concrete spillway across the east fork of the Eno River. � "'•
The lake's primary uses are public water supply as designated by North
Carolina Department of Environmental Quality (NCDEQ) and maintenance
of minimum (dry weather)flows in the Eno River, as defined within the Eno
River Water Management Plan (a.k.a. the Eno River Capacity Use
Agreement). The Lake Orange dam was classified by NCDEQ as a "High
Hazard" dam in August 2011 which means that failure of the dam could
result in severe property damage and/or possible loss of life downstream.
In Fall 2018, NCDEQ and a private engineering firm conducted dam
inspections that identified numerous deficiencies, due to the age of this
52-year old structure. This project would represent a multi-year approach
to repair these deficiencies, by continuing to address high priority needs in
FY2021-22. The FY2021-22 proposal is to repair the existing erosion
control barrier and the associated materials testing for a total request of
$360,000.
In Fall 2020, Orange County conducted additional inspections of the
concrete spillway channel and intake tower as part of the data collection
efforts related to existing professional engineering design contracts with
two (2) separate qualified engineering firms. Detailed inspections revealed
additional (previously unknown) structural deficiencies within the existing
intake tower and along the concrete spillway channel. The FY2021-26 CIP
has been completely re-assessed and re-prioritized from previous years, so
as to address the most critical known structural deficiencies.
FINANCIAL SUMMARY
Current Year 1 Year 2 Year 3 Year 4 Year 5 Five Year 6
Prior Years Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Year to
Project Budget Funding 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 Total Year 10
Appropriation
Professional Services
CEI-EC Barrier Replacement 20,000 20,000
CEI-Gate/Actuator Replacement 20,000 20,000
CEI-Intake Tower Point Repairs 10,000 10,000
CEI-Spillway Channel Point Repairs 10,000 10,000
Engineering Design-Priority Projects 90,000
Replacement of Concrete Spillway
Channel
370,000
Construction/Repairs/Renovations
38
11
Blasting Painting of Intake Tower
120,000
Bridge
Erosion Control Barrier Repair 145,000 330,000 330,000
Gate Actuator Replacement 125,000 125,000
Intake Tower Demucking 5,000
Intake Tower Painting 50,000 50,000
Sluice Gate Replacement 150,000 150,000
Spillway Channel Point Repairs 75,000 75,000
Spillway Channel Replacement 1,750,000
Project Management
Materials Testing -Intake Tower
Painting 5,000
Materials Testing-Erosion Control
5,000 10,000 10,000
Barrier
Materials Testing-Spillway Channel
5,000 5,000
Point Repairs
Materials Testing-Spillway Channel
50,000
Replacement
Appropriation Total 95,000 150,000 360,000 360,000 85,000 805,000 2,295,000
Revenues/Funding Source
Debt Financing 95,000 150,000 360,000 360,000 85,000 805,000 2,295,000
Revenues/Funding Source Total 95,000 150,000 360,000 360,000 85,000 805,000 2,295,000
39
PI 857439371 PIN:9857532274 PIN:9857637105
PIN:9857444098 +' PIN:9857638157
LAKE ORANGE
PIN:9857424819 p`r
Normal •• • r fw�,9857633020
• PIN:9857625810
PIN:9857428841 PIN:9857627798
t- PIN:9857737379
PIN:9857426723 .' PIN:9857642370 f I
{
PIN:9857429471i9
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• • both sidesof Spillway
•
PIN:9857623476
PIN:9857520240 '1 1
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PIN:9857427149
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PIN:98576 161,y+ t of� �f
PIN:9857613516
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•. , PIN:9857613516
PIN:9857425155 PIN:9857512497
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PIN:9857615075
Attachment 4 13
Orange County NC _
Bid No.367-OC 5339: Lake Orange Erosion Control Barrier replacement
Deadline:December 3,2021 at 3:00 pm ORANGE COUNTY
NORTH CAROLINA
Single Prime General Contractor License No. Certified Check MBE Nondiscrimination Base Bid Total
- Bid Bond E-verify Living Iran Addendum Certification Total Alternate 1 Alternate 2
Affidavit Wage Divestment No 1
Certification
Fred Smith Company 43848 y y y y y y y $446,579 $306,180 $540,950 $1,582,300
Thalle Construction Co.,Inc. 35203 y y y y y y y $660,068 $472,228 $756,624 $1,768,541
Jovana Amaro
Purchasing Agent