HomeMy WebLinkAboutAgenda 03-15-22; 8-f - Lake Orange Erosion Control Barrier Replacement Project – Award of Construction Contract Amendment #1 (Amendment over $250,000) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 15, 2022
Action Agenda
Item No. 8-f
SUBJECT: Lake Orange Erosion Control Barrier Replacement Project— Award of
Construction Contract Amendment #1 (Amendment over $250,000)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT(S):
1. Bid Tabulation, Bid No. 367-OC 5339 Christopher Sandt, Staff Engineer,
2. Photos — Existing Erosion Control Barrier (919) 245-2583
to be Replaced under Contract Craig Benedict, Planning & Inspections
Amendment #1 Director, (919) 245-2585
3. Project Scope — Contract Amendment #1 Jovana Amaro, Purchasing Agent,
4. TEMPLATE Construction Contract (919) 245-2651
Amendment between Owner and
Contractor (not yet populated)
PURPOSE: To award a construction contract amendment (over $250,000) for the construction
of ALT-1 scope as defined within the Lake Orange Erosion Control Barrier Replacement Project.
BACKGROUND: On October 29, 2021, Orange County published an Advertisement for Bids
(Orange County Bid No. 367-OC 5339) for the Lake Orange Erosion Control Barrier Replacement
Project (hereafter "the Project"). On December 3, 2021, Orange County received two (2)
electronic bids from qualified General Contractors (see Attachment 1 for a copy of the Bid
Tabulation for the Project). The lowest responsible and responsive bidder for the Project as
determined by staff was FSC II, LLC dba Fred Smith Company (hereafter "the Fred Smith
Company") of Raleigh, NC. The Project is part of Orange County's current (FY2021-26) Capital
Investment Plan (#10074).
At the December 14, 2021 Board meeting, the Board approved a competitively bid construction
contract with the Fred Smith Company for construction of the Project. Due to funding limitations
at the time of contract award, only the BASE BID of the Project was contracted for construction in
the amount of $438,000. The BASE BID scope includes the construction of a new access
driveway to the Lake Orange site and the construction of two large concrete retaining walls on
both sides of the existing emergency spillway so as to stabilize failing slopes on both side of the
existing emergency spillway. A Notice to Proceed for construction of the BASE BID was issued
by Orange County on January 31, 2022. BASE BID construction activities commenced shortly
thereafter and the Project currently remains under construction.
In order to commence construction of the BASE BID work and to help ensure worker safety, the
water surface of Lake Orange was temporarily lowered (i.e. drawn down) by approximately five
(5) feet below normal pool. Based on detailed structural inspections of the existing earthen berm
throughout the month of February 2022 (with the water surface temporarily lowered), the
2
Engineering Division of the Planning & Inspections Department has determined that the existing
earthen berm is exhibiting significant structural deterioration along the entire length of the 1,000+
foot long earthen berm. These structural deficiencies are far worse than originally anticipated,
and have only become apparent due to the Engineering Division's current ability to observe the
portions of the earthen berm that are typically underwater. Attachment 2 is a summary of
photographs showing the deteriorated conditions of the existing erosion control barrier along the
Lake Orange dam (taken while the water level is currently down).
The Engineering Division estimates that upwards of 50 cubic yards of earthen dam have been
lost to erosion over the decades due to the continued deterioration of the existing erosion control
barrier, and that this erosion will increase exponentially over time until the issue is addressed.
While there is no immediate risk of dam failure, the existing deteriorated erosion control barrier
must be stabilized/repaired/replaced as soon as possible.
Proposed Contract Amendment #1 scoping includes the complete removal and replacement of
the existing deteriorated erosion control barrier with a robust system of interlocking concrete
blocks called ArmorFlex. See Attachment 3 for a display of the scoping for Contract Amendment
#1 and pictures of a typical ArmorFlex system. This scoping is as described within Orange County
Bid No. 367-OC 5339 as "ALT-1". Use of the currently mobilized contractor (Fred Smith) to
perform this construction work while the Lake Orange water surface is in its temporarily lowered
condition will provide the most economical and pragmatic means for commencing this critical dam
reconstruction/repair work.
FINANCIAL IMPACT: Contract Amendment #1 will be funded via $306,180 of requested
additional construction funding for CIP #10074, as contained within proposed Budget Amendment
#9. Budget Amendment #9 is a separate agenda item on the March 15, 2022 meeting agenda.
The pending construction contract amendment will not exceed the $306,180 Budget Amendment
request 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 approve the award of Contract Amendment #1
(Attachment 4) to the Fred Smith Company of Raleigh, NC;
2. Authorize the Board Chair to execute Contract Amendment #1 (Attachment 4) for the
Project with the Fred Smith Company of Raleigh, NC on behalf of the Board, 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.
Attachment 1 3
Orange County NC _
Bid No.367-OC 5339: Lake Orange Erosion Control Barrier replacement
Deadline:December 3,2021 at 3:00 pm ORANGE COUNTYNORTH CAROLINA
Single Prime General Contractor License No. certified check MBE Nondiscrimination Base Bid Total
Bid Bond E-verify Living Iran Divestment certification Addendum Total Alternate t Alternate 2
Affidavit Wage Certification No 1
Fred Smith Company 43848 y y y y y y y $446,579 $306,180 $540,950 $1,293,709
Thalle Construction Co.,Inc. 35203 y y y y y y y $660,068 $472,228 $756,624 $1,888,920
Jovana Amaro
Purchasing Agent
Digitally signed by William S.
Needham,PE
DN:cn=William S.Needham,PE,
o=Alpha and Omega,ou,
email=wsneedham@aogroup.com,
c=US
Date:2022.03.03 14:28:45-05'00'
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Attachment 4 10
NORTH CAROLINA
CONTRACT AMENDMENT#1
ORANGE COUNTY
THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this_day of ,20 by
and between ORANGE COUNTY (hereinafter referred to as "County") and (hereinafter referred to
as "Provider").
WITNESSETH:
THAT WHEREAS, the County and Provider entered into a contract dated , (hereinafter the "Original
Agreement"), for the provision of services for ; and
WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended
to reflect an end date by which all Services shall be completed of
2. Exhibit to the Original Agreement is amended by adding the following tasks and services to the
Services to be provided by the Consultant:
3. Article _, Section is amended to reflect a maximum payable not-to-exceed amount of
4. Except for the changes made herein,the Original Agreement shall remain in full force and effect to the extent
it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original
Agreement and the terms of this Amendment,this Amendment shall control.
IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above
written.
ORANGE COUNTY PROVIDER
Renee Price
Chair, Board of County Commisioners
Revised 06/21