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Feb 23 20D7 2e54PM <br />~~.:."~ Elmore <br />t ~ ~~ ~ [Attorneys <br />~j {- at Law <br />KEITH E, C(7LTRAIN <br />ketth.coltratnCUlelmorawail.com <br />ELMDRE & tilFiLL <br />919-865-9501 p.l <br />vd+~wa.Ehnora4Ya11,co~n <br />-v-Charlesmn ~ GreonvBle ^ Eialelgh <br />February 23, 2007 <br />Via Certified Mail and Facsimile to: <br />(919) 493-?306 <br />Mr_ I~en Redfoot <br />Conley Redfoot Zack, lnc. <br />222 Cloister Court <br />Chapel Hill, North Carolina 27S 14 <br />Via Certified Mail and Facsimile to: <br />(91.9) 644-3004 <br />Ms. Laura Blackmon <br />Count3~ Manager <br />Orange County North Carolina <br />200 S. Cameron .Street <br />Hillsborough, I'lorth Carolina 27278 <br />Re: fJxange County Justice Expansior Project <br />Sid date: February 22, 2007 <br />DeVere Construction Colnpazly, I]ac.'s Request to Withdraw Bid <br />Dear Mr, Redfoot and IUls. Blackmon, <br />I am couxlsel fox DeVere Construction. Caznpany, Zrle. ("DeVere") in connection with the <br />abo~re project. As Mr. Dustin Crittenden has previously discussed with Mr. Redfoot, DeVere <br />hereby requests, pursuant to N.C. Gell. ~ 143-129.1, that it be allowed to withdraw its bid <br />I("Bid") submitted yesterday for the C}range County Justice Expansion Project without forfeiture <br />of its accompanying bid bond. The grounds for this request are summarized as follows: <br />The Bid included a substantial, good faith, clerical error based an DeVere's employee`s <br />misunderstanding afthe directions on the bid alternate tabulation sheet. The bid alternate <br />tabulation sheet included the direction: <br />Should any of the alternates as dQSCribed in the contract documents be accepted <br />the arrcount written below shall be the amount to be "added to" or "deducted <br />,from" the base bid (Strike out 'Add" or "Deduct" as appropYiate}. <br />(Addendum #~, 2/15/07 FP-2). <br />Proper completion of this foz~rz~t requires the bidder to strike the word "Deduct" when they <br />wanted to add additional funds to the contract for the alternate. Similarly, the bidder would <br />strike the ward "Add" when they wanted to subtract funds for election afthe alternate. Attached <br />as Exhibit A is an accurate copy of the worksheet prepared by DeVere's estimator, Dustin <br />Crittenden on February 22nd. Mr. Crittenden`s office is located in Alpena, IVII. As shown by <br />Exhibit A, Mr. Crittenden intended to add funds for each of the possible alternates that the <br />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 <br />