HomeMy WebLinkAboutEDB Fleming BCR 6-1-23 FINAL EXECUTIVE SUMMARY
AGENDA ITEM:
Award of contract to Petticoat-Schmitt Civil Contractors, Inc., for Fleming Island Water
Reclamation Facility (WRF)Neutralizer Building
CCUA Bid No. 22/23-A10
CCUA Project No.: 2203-136
CCUA Financial Job No.: 23009RR
Date: June 1, 2023
BACKGROUND:
The Neutralizer Building project is part of the expansions needed at the Fleming Island WRF to
treat biosolids at the facility.
Staff advertised the subject project on CCUA's Bonfire Procurement Platform on January 18,
c 2023,and in the Florida Times-Union on January 24,2023.An Onsite Mandatory Pre-Bid Meeting
a & Site Tour was held on January 26, 2023 and was attended by only one (1) Contractor. Prior to
o the published Bid Opening Date, an Addendum was issued to schedule a 2ND Pre-Bid Meeting &
L Site Tour as well as extending the Bid Opening Date to March 24, 2023. At the Bid Opening,
6 CCUA received one (1) bid from Petticoat-Schmitt Civil Contractors, Inc., in the amount of
cc
$3,469,000.00 (excluding owner-purchased equipment).
Staff and the Engineer of Record (EOR) J. Collins Engineering Associates, LLC, evaluated the
bids for conformance with the solicitation requirements and determined Petticoat-Schmitt Civil
Contractors, Inc., submitted the lowest, responsive bid.
The bid for this project exceeded the EOR's Opinion of Probable Construction Cost (OPCC) of
$3,000,000.00. Staff and the EOR had budget concerns due to the bid exceeding the OPCC.
Because of this exceedance, as well as there being a single bidder, staff requested the Board of
Supervisors defer action at the April 4, 2023, meeting. Staff also requested authorization for
discussions with the single bidder to understand the basis for the bid and discuss the potential for
voluntary reductions. The result of the process with the EOR and the single bidder reduced the
amount to $3,331,182.00. Staff weighed the opportunity cost of delaying the project and re-
bidding,however the BCR equipment has been delivered and is in storage, therefore, the decision
was made to accept the results of the voluntary reduction process and move forward with this
critical project.
//HC(Author)
//DP,AW,JP,AB (Review)
//PS(Final)
BUDGET:
CCUA pre-purchased the BCR equipment for approximately $4.2 million. The pre-purchased
equipment and construction cost brings the total project cost to $7,875,729.00,which is 9.4%over
the original budget of$7.2 million. The additional funds will be transferred from Capital Project
Contingency to move this project forward.
RECOMMENDATION:
Staff respectfully requests the Board of Supervisors approval of the award for The Fleming Island
Water Reclamation Facility Neutralizer Building to Petticoat-Schmitt Civil Contractors, Inc., in
the amount of$3,331,182.00. Staff also requests the Board of Supervisors approval of deductive
change orders and owner-direct purchase orders for the express purpose of saving sales taxes on
major materials and equipment, as authorized by the Executive Director, or his designee, and as
recommended by the Chief Engineer. In addition, staff respectfully requests approval of the
attached Bid Opening Minutes.
ATTACHMENTS:
Florida Times-Union Advertisement
Pre-Bid Meeting#1 Attendance
Pre-Bid Meeting#2 Attendance
Bid Opening Attendance
Defer Action Memorandum for CCUA Bid No. 2022/2023-A10
Petticoat-Schmitt Civil Contractors, Inc. Voluntary Reduction Summary
//HC(Author)
//DP,AW,JP,AB (Review)
//PS(Final)
INVITATION TO BID
NOTICE IS HEREBY GIVEN
THAT Clay County Utility Authority
(AUTHORITY), Clay
County, Florida, will be accepting
sealed Bids for ITB# 22/23-A10
Fleming Island Water Reclamation
Facility (WRF) Neutralizer Build-
ing,which will be received until 2:00
P.M. (EST), February 23, 2022, at
the following location:
The complete Solicitation package
can be obtained by visiting:
https://clayuti I ity.bonfirehub.com/po
rtal/?tab=openOpportunities.
Submissions must be posted to the
Clay County Utility Authority
Bonfire Procurement Portal located
at https://clayutility.bonfirehub.com.
(hardcopies will not be accepted).
Fleming Island Water Reclamation
Facility (WRF) Neutralizer Build-
ing
A MANDATORY Pre-Bid Meeting
(herein so called) will be held virtu-
ally on Thursday, January 26, 2022,
at 10:00 A.M. (EST) at the follow-
ing location:
Clay County Utility Authority
Board of Supervisors Room (Board-
room)
3176 Old Jennings Road
Middleburg, Florida 32068-3907
All questions and concerns regard-
ing this Solicitation must be submit-
ted on the CCUA Bonfire
Procurement portal
https://clayuti I ity.bonf i rehub.com
prior to 12:00 P.M. (EST) on Thurs-
tp day, February 2, 2022. Late ques-
tions may be answered at the discre-
tion of CCUA. All responses to ques-
tions will be uploaded to the Portal
and issued in an Addendum on
Thursday, February 9, 2022.
CCUA reserves the right to change
the time and date of the Mandatory
Pre-Bid Meeting, to change the Bid
due date and time, to waive formali-
ties in any Bid, to reiect any or all
Bids with or without cause, and/or to
accept the Bid or any portion
thereof that, in the CCUA'S sole and
absolute judgment, will be in the
best interest of CCUA.
1/24/2023
2/2
4- PRE-BID MEETING SIGN-IN SHEET
Fleming Island WRF Neutralizer Building
CCUA Bid No. 22/23-A10 .
Date: January 26, 2023, 10:00 A.M. (EDT)
Name Company E-Mail Address
Darrin G. Parker ge Clay County Utility Authority dgparker(c�clavutility.orq
Heather Cavanagh Clay County Utility Authority hcavanaghnclavutilitv.or
q
Joe Paterniti Ai Clay County Utility Authority jpaterniti a(�,clayutilitv.orq
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John Collins J. Collins Engineering Associates, LLC iohnt icollinsengineering.com
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- 2ND PRE-BID MEETING SIGN-IN SHEET
Fleming Island WRF Neutralizer Building
CCUA Bid No. 22/23-A10
Date: February 15, 2023, 10:00 A.M. (EDT)
Name Company E-Mail Address
Darrin G. Parker V--i;°
Clay County Utility Authority dgparkerCa�clayutility.orq
Heather Cavanagh Clay County Utility Authority hcavanagh(a�clayutility.org
Joe Paterniti Clay County Utility Authority jpaterniti@clayutility.org
John Collins () J. Collins Engineering Associates, LLC johnCa�jcollinsengineering.com
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BID OPENING SIGN-IN SHEET
Fleming Island WRF Neutralizer Building
CCUA Bid No. 22/23-A10
Date: March 24, 2023
Name Company E-Mail Address
Darrin G. Parker Clay County Utility Authority dgparker(aclayutility.org
Heather Cavanagh Clay County Utility Authority hcavanagh(aiclavutility.org
Joseph Paterniti Clay County Utility Authority jpaterniti(uc1ayutility.org
to
•
CLAY COUNTY UTILITY AUTHORITY
MEMORANDUM
AUfl
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.
Petticoat-Schmitt Civil Contractors, Inc. $3,469,000.00
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
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.
The bid submitted by the qualified Contractor appears within historical and recent pricing trends.
Staff considers the understanding of elements and factors that make-up the bid incredibly
important.
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
trenches, and stub-outs of electrical and plumbing for the equipment. Contractor will
to 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 `71.9 9 6 6 b . 00
$ & M, W . 1 u 1.t‘ 1+0 1/41►.�FPt1. 6 Q 0 t\ iticS
(Written) 61.Y t`t 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
kk— (State of Incorporation) ."`�.,<<'``t
By_
(Signature of Person Authorized to Sign)
Lauren C. Atwell
(Print Name)
President& COO
(Title)
(Corporate Seal)
/4
Attest
-c-I (Sec ary)
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-SCHMITT 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:
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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:
k___.)
Jani., Loudermil , Recording Secretary
6 Resolution No. 2020/2021-06
Fleming Island Water Reclamation Facility BCR Neutralizer Building
CCUA Project No. 22-3-136
Bid No. 22/23-A10
Voluntary Reduction Summary
Voluntary Reduction Adjustments
Original Bid $3,469,000.00
Replace pre-cast-style pump station with fiberglass
package pump station (31,541.00)
Change discharge piping to 4-inch ductile iron (27,121.00)
Change manholes to cleanouts (12,658.00)
Change pump manufacturer from Flygt to WILO (26,314.00)
Remove BDA system from fire alarm (25,691.00)
Replace grate manufacturer from Fibergrate to (4,158.00)
McNichols
Remove slip dowels @control joints (10,210.00)
Change Insulation to R-19 VRR with web system, switch
roof finish from Kynar to Galvalume Finish, and change
to wall panels from 24 GA to 26 GA (11,241.00)
Move Forcemain from gravel road into grass (12,547.00)
Reduce FM from 8" to 6" (3,124.00)
Remove labor and equipment for misc. metals installation
at process tanks (3,213.00)
Add Allowance to be used only by CCUA approval 30,000.00
New Contract Total $3,331,182.00