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HomeMy WebLinkAboutEDB Defer Action for ITB 22-23-A10 Fleming Island Water Reclamation Facility (WRF) Neutralizer Building FINAL - cothvi CLAY COUNTY UTILITY AUTHORITY s } M MEMORANDUM TO: Jeremy D. Johnson, Executive Director FROM: Darrin G. Parker, Contract& Procurement Specialist Joseph Paterniti, PE,Assistant Chief Engineer DATE: March 31, 2022 RE: Defer Action for Invitation to Bid No. 2022/2023-A10 Fleming Island Water Reclamation Facility(WRF)Neutralizer Building On January 17, 2023, staff advertised the project Fleming Island Water Reclamation Facility (WRF) Neutralizer Building ITB# 2022/2023-A10 in the Florida Times Union and on CCUA's Bonfire Procurement Portal. The first mandatory Pre-Bid Meeting was held on January 26,2023, with only one (1) contractor attending. Staff scheduled a second mandatory Pre-Bid Meeting where several contractors attended. At the March 24, 2023,bid opening, staff only received one (1) response from contractor Petticoat-Schmitt Civil Contractors, Inc., with the bid amount below. cr Petticoat-Schmitt Civil Contractors, Inc. $3,469,000.00 L The bid amount for this project significantly exceeds the 100%design Engineer of Record's(EOR) Opinion of Probable Construction Cost(OPCC)which was $1,787,000.00 submitted in December ce 2022. While the project was in the bidding phase the EOR sent an email updating the OPCC to $3M. No breakdown of the updated OPCC was provided. Engineering expressed an interest in further discussion with the Contractor for review of the submittal to investigate cost saving measures while maintaining the functionality of the neutralizer process. Therefore, Staff recommends the Board of Supervisors defer action pending further discussion with low Bidder regarding potential voluntary reduction of Bid. Deferring action is supported by Section 6 of CCUA Resolution No. 2020/2021-06. Staff will return to the Board of Supervisors with a recommendation on how to proceed with this project. Attachments: ITB 2022/2023-A10 Bid Form—Petticoat-Schmitt Civil Contractors, Inc. CCUA Resolution No. 2020/2021-06 //JP(Author) //DP,PS,AB (Review) //JJ(Final) SECTION 00300 BID FORM PROJECT NO. 2203-136 BID NO. 22/23-A10 FLEMING ISLAND WRF NEUTRALIZER BUILDING CLAY COUNTY UTILITY AUTHORITY SUBMITTED BY: Petticoat-Schmitt Civil Contractors, Inc. DATE: 3/24/23 Address: 6380 Philips Hwy., Jacksonville, FL 32216 Contractor License No.: CGC#057651 DUNS No.: N/A Email: latwell@petticoatschmitt.com The undersigned, as Bidder, hereby declares that the only person or persons interested in the proposal as Principals is, or are named herein and that no other person that is herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself to fully in regard to all conditions pertaining to the places where the work is to be performed; that he has examined the plans and specifications for the work and contract documents relative thereto, that he has read all special provisions furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete it in accordance with the shown, noted, described and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction of the contract with the Owner with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and contract documents. BID SCHEDULE Total Lump Sum Bid Price is to be the sum of the Amounts shown for all items listed on the Bonfire Procurement Platform and are to include all labor, materials, equipment, and incidentals necessary to perform the work as indicated in the Contract Documents. Work includes, but is not necessarily limited to, all the items listed in the specification and shown on the Drawings, based upon the undersigned's own estimate of the quantities and costs. The Bid Table and Bid Price will be submitted on the Bonfire Procurement Platform. The Successful Bidder shall commence ordering materials and equipment within ten (10) calendar days after receipt of a Notice to Proceed from the Owner. At the Owner's option, the Contractor shall be required to provide the Owner with the details Project No.2203-136 Bid Form -00300 - 1 January 2023 Fleming Island WRF Neutralizer Building of his Purchase Order, including vendor quote(s), vendor name, address, and quantity and type of materials being ordered. The Owner may choose to order the major materials and/or equipment direct. Should the Owner choose to do this, any payment that is made direct by the Owner (plus an amount equal to the sales tax that would have been paid by the Contractor) for the materials shall be a direct deduct from the Contractors contract as if the payment were made direct to the Contractor. The whole purpose of this provision is to save the amount of sales taxes that would be otherwise assessed to the Contractor for the major material purchases. It shall be the Contractor's responsibility to ensure conformance with contract requirements, coordinate ordering, deliveries, submit Shop Drawings, receive and verify accuracy of such shipments and, unload such shipments as if Contractor had purchased the materials direct. Shop Drawings received from the suppliers, will be forwarded by the Clay County Utility Authority to the Contractor for their review of accuracy and correctness of the Shop Drawings and shall provide an approval action on each product. Shop Drawings shall then be submitted to the Design Engineer for their review and approval action. After the Contractor and Engineer have reviewed the Shop Drawings, they then shall be submitted to the Clay County Utility Authority for review. The Contractor shall include all risk of loss and bear the cost of insurance on all materials purchased tax exempt. Once the Clay County Utility Authority's Purchase Order is prepared, then it will be returned to the Contractor for proofing and mailing to the vendor. The Bidder further proposes and agrees to commence work under his contract on a date to be specified in the Notice-to-Proceed and shall complete all work there under within the time to schedule in the Agreement. Bids are to be on lump sum and/or unit price bases as indicated and are to include all labor, materials, equipment, and incidentals necessary to perform the work as indicated in the contract documents. Item 1. Base Bid: 1. New pre-engineered metal building, complete as shown and described 2. All architectural features 3. All Electrical, mechanical, structural, plumbing components. 4. Building and floor plan is designed to accommodate all BCR Equipment including two 160-GPM rotary disk thickeners, two polymer feed systems, two 15,000-gallon process tanks, one Centrisys 2-Phase Centrifuge and five chemical storage tanks. 5. Equipment to be installed by BCR is detailed in Appendix A - BCR Equipment Reference Plans. Note that some of the equipment in Appendix A will be installed by BCR after contractor's completion of the building or in some cases equipment may be installed by BCR during construction. This work MUST be coordinated with CCUA and BCR. The items to be installed by the Contractor as part of this contract are: a. Install five (5) Chemical Storage Tanks on the completed slab in the Neutralizer Building prior to the installation of the building's roof. BCR will direct the alignment and position of the tanks and ensure tank penetration piping aligns with piping by others. The tanks will then be bolted to the concrete tank slab by the Contractor. BCR to provide anchor bolts and washers (316 SS). The type of equipment, weights and dimensions are detailed in Appendix B - Stored Equipment to Be Relocated and/or Installed. This equipment is currently stored Project No.2203-136 Bid Form -00300 - 2 January 2023 Fleming Island WRF Neutralizer Building at the Fleming Island WRF site. b. Install two (2) storage tanks on the exterior slab (Vessel Concrete Pad). BCR will direct the alignment and position of the tank and ensure tank penetration pipe aligns with piping installed by others. The tanks will then be bolted to the concrete slab. BCR to provide anchor bolts and washer (316 SS). The type of equipment, weights and dimensions are detailed in Appendix B - Stored Equipment to Be Relocated and/or Installed. This equipment is currently stored at the Fleming Island WRF site. c. Install one (1) centrifuge on the elevated equipment slab in the covered bay. BCR will direct the alignment and position of the centrifuge and ensure equipment connections align with piping installed by others. The tanks will then be bolted to the concrete slab. BCR to provide anchor bolts and washers (316 SS). The type of equipment, weights and dimensions are detailed in Appendix B - Stored Equipment to Be Relocated and/or Installed. This equipment is currently stored offsite at the Mid Clay WWTP site. Contractor shall be responsible for relocating this equipment to the Fleming Island WRF facility. 6. Appendix B - Stored Equipment to Be Relocated or Installed contains a listing of stored equipment that requires delivery to the Fleming Island WRF. 7. Appendix A - BCR Equipment Reference Drawings depicts the pumps and equipment that is to be installed. Some of the equipment will be installed by the Contractor (as detailed above), and some by BCR. Appendix A contains the equipment and component information and is included for reference. Work in the Contractor's scope includes construction of concrete support pads, containment berms, pipe to trenches, and stub-outs of electrical and plumbing for the equipment. Contractor will also be responsible for installing empty conduits that will be used by BCR for controls after completion of the building. The conduits are shown or referenced on the project plans as well as detailed in the Appendix A - BCR Equipment Reference Drawings. 8. Site work including grading, paving, drainage modifications, utility piping, electrical feeds to the existing electrical room, power and controls to exterior equipment (pump station and WAS pump), communications conduit and wiring, and additions as shown and specified. Onsite work (outside the building) includes interconnection to existing utilities, furnishing and installing the wastewater pump station, and furnishing and installing the WAS pump station as shown on the drawings. Item 1 -Total Lump Sum Base Bid: $ 5 `7(9 9 Ono . 00 $ &U.s1 5.1 VL41- 4 u.drat 1+0 v►..etr.?(J Q 0 t\ S (Written) 61z0 rt U -S (Remainder of this page intentionally blank) Project No.2203-136 Bid Form -00300 - 3 January 2023 Fleming Island WRF Neutralizer Building AN INDIVIDUAL By (Printed Name) By (Signature) (Seal) Business Address: Phone No: Fax No: to Project No.2203-136 Bid Form -00300 - 4 January 2023 Fleming Island WRF Neutralizer Building A PARTNERSHIP (Seal) (Firm Name) (General Partner/Signature) (Print Name) Business Address: Phone No: Fax No: to Project No.2203-136 Bid Form - 00300 - 5 January 2023 Fleming Island WRF Neutralizer Building A CORPORATION Petticoat-Schmitt Civil Contractors, Inc. (Seal) (Corporation Name) FLORIDA • (State of Incorporation) ,<<<'``t By_ (Signature of Person Authorized to Sign) Lauren C. Atwell (Print Name) President& COO (Title) • (Corporate Seal) Attest • (Sec ary) ti^ .;, Business Address: 6380 Philips Hwy., Jacksonville, FL 32216 to (904) 751-0888 Phone No: Fax No: (904) 751-0988 Project No.2203-136 Bid Form -00300 - 6 January 2023 Fleming Island WRF Neutralizer Building A JOINT VENTURE (Business Name) By: (Signature) (Print Name) (Address) By: (Signature) (Print Name) (Address) to (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). The full names;business addresses;business and emergency telephone numbers of persons and firms interested in the foregoing bid, as principals, are as follows: (If Corporation, President, Secretary, and Treasurer Identification) Project No.2203-136 Bid Form -00300 - 7 January 2023 Fleming Island WRF Neutralizer Building Unanimous Action of the Board of Directors of Petticoat-Schmitt Civil Contractors, Inc. Taken without a meeting by written consent The following action is taken by the sole Director of PETTICOAT-SCHMITT CIVIL CONTRACTORS, INC. a Florida Corporation, by written consent without a meeting, as of September 16, 2014, pursuant to Section of the 607.134 of the General Corporation Act of the State of Florida permitting such action to be taken. RESOLVED,that Lauren C. Atwell be and hereby is named Vice President of the Corporation, to serve until his successor shall be duly qualified and elected, and can sign legal documents on behalf of Petticoat-Schmitt Civil Contractors, Inc. to The undersigned, being the sole Director of PETTICOAT-SCHMITf CIVIL CONTRACTORS, INC. does hereby consent to the foregoing action as of the date first above written. • , Ry n Sch itt Preside 4Notar'zed by: 321014J /Y1 6-1/A6S c,JAY 29,t 9.. CLAY COUNTY UTILITY AUTHORITY RESOLUTION NO.2020/2021-06 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY AMENDING AND RESTATING PRIOR RESOLUTION NO. 2020/2021-04, ADOPTING PUBLIC BID RECEIPT, OPENING, AWARD, POSTING, PROTEST AND RECORDING POLICY AND PROCEDURES; AUTHORIZING AUTHORITY TO COMPETITIVELY AWARD IN ACCORDANCE WITH s.255.20(1),FLA. STAT., AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CLAY COUNTY UTILITY AUTHORITY that: 1. Purpose The Board of Supervisors ("Board") of the Clay County Utility Authority (the "AUTHORITY") does hereby adopt the following policy concerning the bid receipt and opening procedures,recording requirements,award,and protest of award for bid solicitations,construction, reconstruction or improvements to the AUTHORITY's water, reclaimed water, and wastewater systems in excess of$10,000, excluding emergency repairs. 2. Official Receipt of Bid or Proposal Each bid or proposal and its accompanying materials shall be submitted to the AUTHORITY's Bonfire Procurement Portal, https://clayutility.bonfirehub.com. The link on the AUTHORITY's website will direct bidders to the Bonfire Procurement Portal. Bidders will download the solicitation documents and upload a bid response and required documentation to the Bonfire Procurement Portal. The Bonfire Procurement Portal will notify the AUTHORITY's Procurement Department when a solicitation has been received and fully completed. All submissions received into the Bonfire Procurement Portal will remain sealed until the advertised bid opening. 1 Resolution No. 2020/2021-06 3. Time of Opening The bids will be opened at the prescribed time, or soon as possible thereafter, at a public meeting conducted in compliance with s. 286.011, Florida Statutes, and any successor statute thereto, in the presence of the Procurement Manager or designee. Bidders as well as members of the public are welcome to attend bid openings and all subsequent committee and Board of Supervisors meetings related to the bids. Bids will not be opened until Proof of Publication has been confirmed by the Procurement Manager or their designee. Consistent with s. 255.0518 (2), Florida Statutes, and any successor statute thereto, the Procurement Manager or designee shall announce at the bid opening meeting the name of each bidder and the price submitted in the bid. 4. Place of Opening All bids received shall be opened at the designated area stated within the solicitation,which includes, GoToMeeting(GoToMeeting Hub) , a designated conference room, or Board room, of the Clay County Utility Authority, 3176 Old Jennings Road, Middleburg, Florida 32068. All attendees complete the sign-in form to verify their attendance. Upon opening of a bid,the Procurement Manager or designee will review the responses to deem the bidders as responsive and responsible. Within the Bonfire Procurement Portal, the Procurement Manager will release each responsible and responsive bidder's response to the Project Manager and reviewers assigned to the solicitation for evaluation and scoring. 5. Bid Tabulation The Bonfire Procurement Portal will tabulate the responses for immediate download and a detailed audit report to be saved in the bid package file. The Procurement Manager or their designee will review the information for accuracy, export the tabulation document, and save the document in the Procurement folder. In addition, and consistent with s. 255.0518 (3), Florida Statutes, upon request the Procurement Manager or their designee will make available the name of each bidder and the price submitted in the bid. 6. Recommendation The Procurement Manager or designee will receive a concurrence from the Project Manager and report its recommendation to the Executive Director. At the next regularly scheduled meeting of the Board or Finance Committee the Executive Director or their designee will submit the recommendation for approval of posting a notice of intent to award, deferring action, or rejecting any ineligible bids or all bids and shall state the rationale for the recommendation. The Executive Director or their designee shall cause to be filed in the public record for such Board or Finance Committee meeting a list of all bidders and their bids, together 2 Resolution No. 2020/2021-06 with the written report and recommendation of the Executive Director or their designee. 7. Board of Supervisors Action The Board of Supervisors shall act on the recommendation of the Executive Director or their designee or shall refer a bid to the Finance Committee for its recommendation, at the next regularly scheduled Board meeting following the bid opening,unless tabled by the Board or earlier action is taken at an emergency meeting of the Board. The Board may act on a bid solicitation by voting to post notice of intent to award bid, subject to no valid bid protest being filed within the time provided for by law, by rejecting any nonconforming bids and any conforming bids which are not selected, or by rejecting all bids. In voting to post notice of intent to award the bid to a specific bidder,the Board shall be voting to award such bid,and for the Executive Director or their designee to proceed to reduce the approved bid to the form of a binding written contract with the successful bidder without further action of the Board, absent a timely protest being filed with the Executive Director or designee of the AUTHORITY in the manner provided by law. 8. Posting Each bidder on a project shall be promptly notified via Bonfire Procurement Portal of the AUTHORITY's Notice of Intent to Award Bid, action to award bid, and/or action to reject its bid, and by posting the notice of intent to award the selected bid on such project at a conspicuous location within the public access areas of the Authority's offices. Each notice shall contain the following statement: "Failure to file a protest within the time prescribed in s. 120.57(3),Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes, and under the adopted policies of the AUTHORITY for bid protests." If no notice of protest and formal written protest are filed as required in Section 9 below within time provided by law,the selected bid shall be deemed awarded to the specified bidder and the Executive Director or their designee shall proceed to reduce the selected bid to the form of a legally binding written contract without further action of the Board. 9. Bid Protest In the event that a written notice of protest and formal written protest are timely filed in the manner prescribed by this Section 9,the Executive Director shall refer the bid solicitation back to the Board for further action and review and shall commence such additional response on behalf of the AUTHORITY as is required by the protest procedure set forth in this Section 9. Upon such a referral back to the Board, the Board shall direct the Executive Director to take whatever action the AUTHORITY is permitted to take hereunder or by applicable law,including without limitation (i)the rejection of all bids and the rebidding of the solicitation, (ii)the emergency award of the bid to the selected bidder under the circumstances and in the manner provided by law, (iii)the defense of the selection of the bidder chosen by the Board pursuant to this protest procedure, or (iv) both 3 Resolution No. 2020/2021-06 (ii)and (iii). The AUTHORITY adopts and incorporates by reference the bid protest procedure set forth in s. 120.57(3), as if fully set forth herein,or its successor statute, as its policy and procedure to be followed with respect to any bid protests. The Executive Director or their designee, the Procurement Manager, of the AUTHORITY are hereby designated as the appropriate parties to receive all filed notice of protests and formal written protests within the time periods required therein. The Finance Committee of the AUTHORITY is hereby designated as the quasi-judicial body to hear the informal proceeding required under s. 120.57(3)(d)2, in the event of protests involving no disputed issue of material fact. The Division of Administrative Hearings of the State of Florida shall hear any protests involving a disputed issue of material fact pursuant to s. 120.57(3)(d)3. 10. Ineligible Bid Any bids that do not meet the requirements of the bid solicitation advertisement will be rejected and the reasons therefor stated. Notwithstanding the foregoing, however, the AUTHORITY reserves the right to waive formalities in any bid, to reject any or all bids with or without cause, and/or to accept the bid or any portion thereof that, in its judgment, will be in the best interest of the AUTHORITY. 11. Authority Authorized to Competitively Award This Resolution authorizes the Authority to "competitively award" in the broadest sense of that defined term, as set forth in s. 255.20(1), Florida Statutes, which is hereby incorporated by this reference, Without limitation to the generality of the foregoing, the Authority shall be authorized hereby to award contracts based on submission of sealed bids, proposals submitted in response to request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. The Authority may elect to evaluate the qualifications of bidders based upon advertised specifications prior to requesting bids. The Authority may use qualifications to determine the responsible and competent bidders. In that case, the Authority will then request sealed competitive bids from those short-listed bidders qualified as responsible and competent. For example, the Authority may, but shall not be required to, combine the qualification of responsible and competent bidders, and the later solicitation of the bid offering the lowest costs to the Authority from those qualified, responsible and competent bidders, in a single advertised procurement, with Board action to be taken both to approve the selection of the qualified firms allowed to bid,and the subsequent award of the bid of the qualified, responsible and competent bidder at the lowest costs to the Authority. 12. General Law and Enabling Act This Resolution is adopted pursuant to general laws of the State of Florida, including without limitation ss. 120.57(2) and (3), 255.0518, 255.20, and 286.011, Florida Statutes, and pursuant to the AUTHORITY's enabling act, Section 17 of Chapter 94-491, Laws of Florida, Special Acts of 1994,which is hereby incorporated by reference and made a part hereto,and which provides in pertinent part: 4 Resolution No. 2020/2021-06 Section 17. CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS; SEALED BIDS. — All contracts let, awarded, or entered by the AUTHORITY for the construction, reconstruction, or improvements to the system or any part thereof, if the amount thereof shall exceed $10,000, except for emergency repairs, shall be awarded only after public advertisement and call for sealed bids therefor, in a newspaper published and circulated in Clay County, such advertisement to be published at least once, three (3) weeks before the date set for the receipt of such bids. Such advertisements for bids, in addition to the necessary and pertinent matters, shall state in general terms, the nature and description of the improvement or improvements to be undertaken and shall state that detailed plans and specifications for such work are on file for inspection in the office of the authority and copies thereof shall be furnished to any interested party upon payment of reasonable charges to reimburse the authority for its expenses in providing such copies. The award shall be made to the responsible and competent bidder or bidders who shall offer to undertake the improvements at the lowest costs to the Authority and such bidder or bidders shall be required to file bond for the full and faithful performance of such work and the execution of any such contract in such amount as the authority shall determine, and in all other respects the letting of such construction contracts shall comply with applicable provisions of the general laws relating to the letting of public contracts. 13. Effective Date This Resolution and adopted policy will become effective as of July 6, 2021, upon its adoption by the Board of Supervisors. 5 Resolution No. 2020/2021-06 Duly adopted by the Board of Supervisors of the Clay County Utility Authority, this 6th day of July, 2021. BOARD OF SUPERVISORS, CLAY COUNTY UTILITY AUTHORITY By: Wendell Davis, Chairman Attest: L---) Jani., Loudermil , Recording Secretary 6 Resolution No. 2020/2021-06