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2 <br />Should the Board of County Commissioners approve this bid award, construction is scheduled <br />to commence by June 1, 2007. The Public Market House is ready for delivery at this time. The <br />contractor will begin site preparation during the initial phases of the job, with completion of the <br />Market anticipated in July 2007. The remaining portion of the project (expansion and renovation <br />of courthouse and the park) will be completed in late-2009. <br />Note that additional funding for items needed for the completion of the project will be included in <br />future years' Capital Investment Plans. Examples of future funding needs include furniture and <br />equipment for the project, including the security equipment required for the point of entry <br />checkpoint that will be established at the main entrance to the facility. <br />DeVere Construction Company requested its bid be withdrawn without forfeiture of the <br />accompanying bid bond due to an obvious clerical error in producing the bid (see attached <br />letter). NC G.S. 143-129.1 indicates that "A public agency may allow a bidder submitting a bid <br />pursuant to G.S. 143-129 for construction or repair work or for the purchase of apparatus, <br />supplies, materials, or equipment to withdraw his bid from consideration after the bid opening <br />without forfeiture of his bid security if the price bid was based upon a mistake, which constituted <br />a substantial error, provided the bid was submitted in good faith, and the bidder submits credible <br />evidence that the mistake was clerical in nature as opposed to a judgment error..." The Statute <br />further provides that the request for withdrawal be made in writing to the public agency within 72 <br />hours of the bid opening. Review by staff and the County Attorney has determined that the bid <br />in question appears to have been submitted with an obvious error in the amounts submitted for <br />the alternates. This bidder could have been declared the low bidder had the erroneous pricing <br />for the alternates been considered. Staff and the County Attorney recommend that the Board <br />authorize the bid to be withdrawn as allowed by Statute and written notice of the outcome be <br />provided to DeVere Construction. DeVere Construction Company will provide no material or <br />labor, nor will they perform any subcontract or other work associated with this project or for any <br />person associated with this project. <br />FINANCIAL IMPACT: Currently available funding for the project elements outlined in the <br />Background section includes: <br /> <br />Justice Facilit and New Courthouse Renovations Available <br />Fundin <br />Previously Board Approved Pay-As-You-Go Funding $330,000 <br />Alternative Financing Approved for Issuance June 2007 $10,200,000 <br />Market House <br />Grant Funds $90,000 <br />Em to ee Parkin <br />Previously Board Approved Pay-As-You-Go Funding $25,000 <br />River Park <br />Previously Board Approved Pay-As-You-Go Funding $50,000 <br />Anticipated Contribution from Town of Hillsborough $50,000 <br />Total Funding $10,745,000 <br />As currently planned and bid, the estimated expenditure for the project elements outlined in the <br />Background section totals $11,145,000, leaving a $400,000 shortfall between available funding <br />and planned expenditures. Staff recommends that the Board approve a funding plan that <br />appropriates additional County pay-as-you-go funding in future years (2007-08 through 2009- <br />