HomeMy WebLinkAboutCA Proposed SA No 3 with R2T for Spencer's WWTP Clarifier EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Supplemental Agreement No. 3 to Master Contract 2021/2022-A03 for R2T, Inc. (R2T) to
provide Construction Services for the Spencer's Wastewater Treatment Plant (WWTP) Clarifier #1
Foundation Stabilization project.
Date: September 6,2022
BACKGROUND:
CCUA staff is requesting approval of Supplemental Agreement No. 3 with R2T to perform foundation
stabilization construction services for the Spencer's WWTP Clarifier #1. In order to place this clarifier
back in service and allow the plant to function at its design capacity, the subsurface soil structure will
require modification to support the clarifier structure. In 2019, the Board of Supervisors authorized
Universal Engineering Services (UES) to perform subsurface investigations and provide
recommendations to mitigate the observed soil subsidence in the vicinity of Clarifier #1. Mittauer &
Associates was also authorized by the Board of Supervisors (and utilized UES's recommendations) to
prepare the foundation stabilization design, bidding and construction phase services. Mittauer &
Associates' design plans and specifications were utilized to procure the contractor to complete the
co
foundation stabilization work at Spencer's WWTP Clarifier#1.
as
o In February 2022, CCUA contracted with four General Contractors to provide water and wastewater
infrastructure general construction services on an as-needed continuing basis. CCUA established this
agreement under Master Contract 2021/2022-A03, which was approved by the Board of Supervisors on
ce February 1, 2022.
Staff bid the Spencer's WWTP Clarifier#1 project to the four(4)general contractors under the continuing
contract.All four(4) contractors submitting a bid. Results for the bids received are tabulated below.
Bidders Bid Value Received
Petticoat Schmidt $3,354,000.00
PBM Contractors $1,525,000.00
R2T $1,299,955.00
Wharton Smith $1,998,000.00
BUDGET:
Staff reviewed R2T's bid and determined the price of $1,299,955.00 to be the lowest responsive bid. Staff
budgeted for this project in the approved FY 22 CIP with$1,485,000.00 provided to complete this project
in FY 23 (beginning in October 2022).
RECOMMENDATION:
Staff respectfully recommends approval of Supplemental Agreement No. 3 with R2T, Inc. for
construction of the Spencer's WWTP Clarifier#1 Foundation Stabilization project.
ATTACHMENTS:
Supplemental Agreement No. 3
SUPPLEMENTAL AGREEMENT # 3 FOR CONSTRUCTION SERVICES UNDER THE
AGREEMENT FOR CCUA MASTER CONTRACT#2021/2022-A03
Site Address: 3061 Wandering Oaks Dr. Orange Park,FL 32065
Project Spencers WWTP Clarifier No. 1 Foundation Project: 2206-0311
Name: Stabilization No.:
Contractor: R2T,Inc.
Address: 500 Village Square Gardens, Ste 202,Palm Beach Gardens,FL 33410
CCUA requests and authorizes CONTRACTOR to perform the following services:
Scope:
The scope of services that CONTRACTOR shall provide is described in Attachment 1 to this Supplemental
Agreement.
Compensation
Compensation for the scope of services shall be described in the Agreement and is presented in Attachment 2
to this Supplemental Agreement.
Other Time Period(Calendars Days to Complete from Date of Supplemental Agreement) and Other
Terms: Terms in Attachment 3 if required.
Time Period: 270 days
Project Start Date:_Upon Notice to Proceed
Calendar Days to Substantial Completion: 240 days
Include Signed Copy of Appendix A to the Agreement for all projects exceeding$100,000.00
Services covered by this Supplemental Agreement shall be performed in accordance with the Provisions of the
AGREEMENT. IN WITNESS WHEREOF, the parties hereto have made and executed this Supplemental
Agreement as of the day and year shown below.
CCUA: CONTRACTOR
Signature Signature
Name(printed) Jeremy D. Johnston,PE,MBA Name(printed)
Title Executive Director, CCUA Title
Date Date
ATTACHMENT 1
SCOPE
The work includes all labor, materials, equipment, permits, and incidentals necessary to
perform the work, including, but not limited to,the following:
A. The Contractor shall perform the work to complete the Spencers WWTF Clarifier
No. 1 Foundation Stabilization project. The work is described as follows: Installation
of approximately 650 LF of 6" underdrain, 8 piezometers, 43 helical piles, 33
cementitious grouting points, 52 chemical grouting points, cementitious and
chemical grout, grout injection testing, monitoring, erosion control dewatering, and
all associated restoration.
B. Mobilization/Demobilization, General Requirements, Bonds, and Insurance.
C. Contractor is responsible for protecting existing materials, structures, and
equipment on-site during construction activities.
D. Conducting all necessary coordination with on-site engineering and inspection.
E. Prepare Record Drawings.
to
ATTACHMENT 2
COMPENSATION
ITB#21/22-Al2 Spencers WWTP Clarifier No.1 Foundation
Stabilization Bid Tabulation
R2T, Inc.
Spencers WWTF Clarifier No.1 Foundation
Stabilization $ 1,274,955.00
Allowance $ 25,000.00
TOTAL $ 1,299,955.00
to
FEMA PUBLIC ASSISTANCE PROGRAM REQUIRED CONTRACT CLAUSES
1. Equal Employment Opportunity.
If this contract meets the definition of a "federally assisted construction contract" as provided in
41 C.F.R. § 60-1.3, the following shall apply to the contractor's performance under this contract:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive considerations
for employment without regard to race, color, religion, sex, or national origin.
c. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
e. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may be
canceled,terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions as may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately preceding
paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however,That in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States."
For the purposes of this section, "federally assisted construction contract" means any agreement
or modification thereof between any applicant and a person for construction work which is paid
for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
insurance, or guarantee, or any application or modification thereof approved by the Government
for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in
the construction work.
For the purposes of this section, "construction work" means the construction, rehabilitation,
alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services. The term also
includes the supervision, inspection, and other onsite functions incidental to the actual
construction.
2. Contract Work Hours and Safety Standards Act.
a. This section applies to all contracts in excess of $100,000 that involve the
employment of mechanics or laborers as provided in 40 U.S.C. § 3701.
b. As provided in 40 U.S.C. § 3702, the contractor shall compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.
c. The requirements of 40 U.S.C. § 3704 shall apply to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary,hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
d. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-halftimes the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
e. In the event of any violation of the clause set forth in paragraph (d) of this section
the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory,to such
District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph(d)of this section, in the
sum of$10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (d) of this section.
f. The Owner shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (e) of this section.
g. The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (c) through (f) of this section and a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (c)through(f) of this section.
3. Compliance with Clean Air Act.
a. The contractor agrees to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. The contractor agrees to report each violation to the Owner and understands and
agrees that the Owner will, in turn, report each violation as required to assure notification
to the state of Florida, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
c. The contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FEMA.
4. Compliance with Federal Water Pollution Control Act.
a. The contractor agrees to comply with all applicable standards,orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et seq.
b. The contractor agrees to report each violation to the Owner and understands and
agrees that the Owner will, in turn, report each violation as required to assure notification
to the state of Florida, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
c. The contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FEMA.
5. Debarment and Suspension.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the contractor is required to verify that none of the contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded(defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935).
b. The contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the Owner. If it
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the state of Florida and
the Owner, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
6. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the recipient.
7. Procurement of Recovered Materials.
a. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless the product
cannot be acquired-
i. Competitively within a timeframe providing for compliance with the
contract performance schedule,
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
8. DRS Seal, Logo, and Flags.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA pre-approval.
9. Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies,procedures, and directives.
10. No Obligation by Federal Government.
The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
11. Fraud and False or Fraudulent or Related Acts.
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the contractor's actions pertaining to this contract.
APPENDIX A,44 C.F.R. PART 18: CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with
each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies,to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
e47
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Signature f Contra or's Authorized Official
George Ajy, P.E. V. President
Name and Title of Contractor's Authorized Official
2 8 2022
Date