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HomeMy WebLinkAboutCA SA No. 1 with TankRehab.com-GST Inspections.Cleaning.Repair EXECUTIVE SUMMARY AGENDA ITEM: Proposed Supplemental Agreement No. 1 to Master Contract RFP No. 2021/2022-A05 for TankRehab.com, LLC to provide Ground Storage Tanks Inspection, Cleaning and Repair ITB No. 2021/2022-A28 CCUA Project No. 6021-004 Date: September 1, 2022 BACKGROUND: Currently, CCUA operates a total of ninety-five (95) tanks at Water, Wastewater, and Reclaimed Water facilities. The Florida Department of Environmental Protection requires inspection of potable water tanks every five (5)years. When inspecting,tanks should also be cleaned and repaired while drained. CCUA's historical process had been cumbersome with taking tanks offline multiple times and facing challenges with procurement thresholds when trying to make repairs. The Board of Supervisors approved the selection of general contractors that specialize in tank inspection, cleaning, and repair at the May 17, 2022, meeting. Staff requests authorization to engage TankRehab.com to complete the required inspections and any necessary repairs. Staff advertised the above-referenced project on CCUA's Bonfire Procurement Platform to the two (2) qualified contractors under the continuing contract on July 25, 2022. cts • EVALUATION: c a On August 18, 2022, staff received two (2) responses to the ITB, which were subsequently ce evaluated by the project evaluation committee. Listed below is the overall proposals and pricing. Bidders Bid Value Received TankRehab.com,LLC $158,300 Razorback LLC $216,600 BUDGET: TankRehab.com, LLC submitted the lowest responsive bid for this project in the amount of $158,300. Staff budgeted $802,552 for subcontractors in the operating budget for FY2022/2023. RECOMMENDATION: Staff respectfully request the Board of Supervisors approve Supplemental Agreement No. 1 with TankRehab.com, LLC, for the Ground Storage Tanks Inspection, Cleaning and Repair. ATTACHMENTS: Supplemental Agreement No. 1 Bid Tabulation //JDJ,AB (Author) //RB,AB (Review) //JDJ(Final) EXHIBIT A: SUPPLEMENTAL AGREEMENT# 1 FOR GROUND STORAGE TANK MAINTENANCE AND REHABILITATION SERVICES UNDER THE AGREEMENT FOR CCUA MASTER CONTRACT#21/22-A05 Site Address: CCUA Water Treatment & Wasterwater Treatment Storage Tanks Project Potable Water Tank Inspection,Cleaning,and Repair Project: Name: No.: Contractor: TankRehab.com, LLC. Address: 2030 E.Adams Street, Jacksonville, Florida, 32202 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: Project Start Date: Calendar Days to Substantial Completion: 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 Name(printed) Title Executive Director Title Date Date Attachment 1: Scope of Services TankRehab.com, LLC. will provide inspection, sediment removal, and repair/rehabilitation of water treatment and wastewater treatment storage tanks. The work will consist of inspection, sediment removal, and repair/rehabilitation of water treatment and wastewater and reclaimed water storage tanks for CCUA. General maintenance work scope may include, but not be limited to, the following: • Repair, re-installation, and alignment of tank appurtenances. • Repair, cleaning, and/or rebuilding of carbon steel ground storage tanks. • Repair, cleaning, and/or rebuilding of glass lined fused steel ground storage tanks. • Repair, cleaning, and/or rebuilding of concrete ground storage tanks. • Steel fabrication, repair, and demolition associated with the tanks and related appurtenances. • Concrete, repair, and demolition associated with the tanks and related appurtenances. • Recalibration and/or replacement of pressure relief valves. • Protective coating,preparation, furnishing and installation. • Demolition and disposal of materials. • Proper disposal of sediment from the tanks. • Regulatory 5-year ground storage tank Inspection, Cleaning, and Engineering Report suitable for FDEP submission and regulatory compliance. All Contract work must include mobilization, demobilization, labor, materials, equipment, and subcontracts for the required work. In addition, the Contractor shall provide a cost loaded work schedule, schedule of values, cost control strategies, and daily and weekly progress reporting, and As-built Surveys with all close out documents. Contractor shall also provide administrative, technical, and supervisory support for its projects. ITB#21/22-A28 Potable Water Tank Inspection, Cleaning, and Repair Bid Tabulation Line Item Number Description of Services Tank Rehab Meadowbrook GST 1, 500,000 Gallon,Inspection Report for DEP and Cleaning(Tank must remain full, please include cost for robotics and divers as needed). 1 $ 6,000.00 Fleming Oaks GST 1,255,000 Gallon, Inspection 2 Report for DEP and Cleaning $ 4,500.00 Fleming Oaks GST 2, 580,000 Gallon, Inspection Report for DEP and Cleaning(Tank must remain full, please include cost for robotics and divers as needed). 3 $ 6,000.00 Pace Island GST 1, 530,000 Gallon, Inspection Report for DEP and Cleaning 4 $ 48,000.00 to Fleming Oaks Hydrotank 1,Inspection Report for DEP and Cleaning 1, 10,000 Gallon 5 $ 3,000.00 Tanglewood GST 2,218,000 Gallon,Inspection Report for DEP and Cleaning 6 $ 4,500.00 Old Jennings GST 1, 530,000 Gallon,Inspection Report for DEP and Cleaning 7 $ 4,800.00 Ravines GST 1, 530,000 Gallon,Inspection Report for DEP and Cleaning(Tank must remain full,please include cost for robotics and divers as needed). 8 $ 6,000.00 Ravines GST 1, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 9 $ 3,500.00 Ravines GST 2, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 10 $ 3,500.00 Ravines GST 3, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 11 $ 3,500.00 Peters Creek Hydrotank 2, 10,000 Gallon, Inspection Report for DEP and Cleaning 12 $ 3,000.00 Pier Station Hydrotank 1, 5,000 Gallon, Inspection Report for DEP and Cleaning 13 $ 3,000.00 Spencers Hydrotank 1, 10,000 Gallon, Inspection Report for DEP and Cleaning 14 $ 3,000.00 Spencers GST 1, 530,000 Gallon, Sediment Removal Only(Tank must remain full,please include cost for robotics and divers as needed). 15 $ 6,000.00 Owner's Contingency for Repairs. (Please enter $50,000) 16 $ 50,000.00 TOTAL $ 158,300.00 EXHIBIT "B" 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 nonfederal 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 eelification 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. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date ITB#21/22-A28 Potable Water Tank Inspection, Cleaning, and Repair Bid Tabulation Line Item Number Description of Services Tank Rehab Razorback LLC Meadowbrook GST 1, 500,000 Gallon,Inspection Report for DEP and Cleaning(Tank must remain full, please include cost for robotics and divers as needed). 1 $ 6,000.00 $ 16,000.00 Fleming Oaks GST 1, 255,000 Gallon, Inspection 2 Report for DEP and Cleaning $ 4,500.00 $ 15,000.00 Fleming Oaks GST 2, 580,000 Gallon, Inspection Report for DEP and Cleaning(Tank must remain full, please include cost for robotics and divers as needed). 3 $ 6,000.00 $ 1,600.00 Pace Island GST 1, 530,000 Gallon, Inspection Report for DEP and Cleaning 4 $ 48,000.00 $ 16,000.00 Fleming Oaks Hydrotank 1,Inspection Report for DEP and Cleaning 1, 10,000 Gallon to 5 $ 3,000.00 $ 9,000.00 Tanglewood GST 2,218,000 Gallon,Inspection Report for DEP and Cleaning 6 $ 4,500.00 $ 15,000.00 Old Jennings GST 1, 530,000 Gallon,Inspection Report for DEP and Cleaning 7 $ 4,800.00 $ 16,000.00 Ravines GST 1, 530,000 Gallon,Inspection Report for DEP and Cleaning(Tank must remain full,please include cost for robotics and divers as needed). 8 $ 6,000.00 $ 16,000.00 Ravines GST 1, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 9 $ 3,500.00 $ 8,000.00 Ravines GST 2, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 10 $ 3,500.00 $ 8,000.00 Ravines GST 3, (Inactive) 50,000 Gallon, Inspection Report for DEP and Cleaning 11 $ 3,500.00 $ 8,000.00 Peters Creek Hydrotank 2, 10,000 Gallon, Inspection Report for DEP and Cleaning 12 $ 3,000.00 $ 9,000.00 Pier Station Hydrotank 1, 5,000 Gallon, Inspection Report for DEP and Cleaning 13 $ 3,000.00 $ 8,000.00 Spencers Hydrotank 1, 10,000 Gallon, Inspection Report for DEP and Cleaning 14 $ 3,000.00 $ 9,000.00 Spencers GST 1, 530,000 Gallon, Sediment Removal Only(Tank must remain full,please include cost for robotics and divers as needed). 15 $ 6,000.00 $ 12,000.00 Owner's Contingency for Repairs. (Please enter $50,000) 16 $ 50,000.00 $ 50,000.00 TOTAL $ 158,300.00 $ 216,600.00