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V(D) Approval to Award and Execute the Construction Contract for the Reclaimed Water Booster Pumping Facility Project to Prime Construction Group • Agenda 05-04-04 Item V I) Mayor center of Good L,0. Commissioners S. Scott Vandergrift Danny Howell. District 1 OScott.Anderson, District 2 Acting City Manager `;17: �,r� Musty Johnson. District 3 V. Eugene Williford Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E. Director of Public Works DATE: April 22, 2004 RE: Reclaimed Water Booster Pumping Facility Project Award of Construction Contract to Prime Construction Group, Inc. ISSUE The Public Works and Community Development Departments request that the Mayor and City Commission authorize the award of the construction contract for the Reclaimed Water Booster Pumping Facility project to Prime Construction Group, Inc.. BACKGROUND/DISCUSSION On Thursday, April 8, 2004, bids were received for the Reclaimed Water Booster Pumping Facility project. The work for this project generally includes the installation of four pumps and related piping, instrumentation, electrical and a partial structure with landscaping on the property owned by the City north of the Grimes Office Park. This project also includes the installation of a 20 inch pipeline along Maguire Road and connection to the CONSERV pipeline located north of Moore Road. The construction and operation of this pumping facility will take reuse water from the CONSERV system (Orlando and Orange County) and provide it to the southern portions of Ocoee to be used for irrigation and allow the reduction of potable water and aid in compliance with the St. Johns River Water Management District Consumptive Use Permit. This project was publicly advertised in the Orlando Sentinel and through Central Florida Builder's Exchange, F.W. Dodge Construction Reports, and the Business Alliance. Four contractors submitted bids on this project. CONTRACTOR RECLAIMED WATER BOOSTER PUMPING FACILTY Prime Construction Group, Inc. $ 1,097,000.00 Beach Construction Company, Inc. $ 1,181,700.00 RTD Construction, Inc. $ 1,237,400.00 Gibbs & Register, Inc. submitted a bid of $795,000, which they quickly notified the City that their bid was in error. They exercised the right under Article 14 of the Instruction to Bidders — Modifications and Withdrawal of Bids and requested the withdrawal of their bid within the 24 hour time period stipulated in Article 14. Foley & Lardner reviewed Gibbs & Register's request and stated that the City should allow Gibbs &Register, Inc. to withdrawal its bid. The attached letter from Professional Engineering Consultants, Inc. (PEC) is a recommendation to award the contract to Prime Construction Group, Inc. in accordance with the base bid. The Public Works Development staff concurs with PEC's recommendation to award the Reclaimed Water Booster Pumping Facility project to Prime Construction Group, Inc. in the amount of $1,097,000.00. The construction cost of this project is higher than the engineer's estimate, of $880,000 that was prepared approximately six months ago. The increase is possibly due to increases in steel and related construction materials and the fact that three other projects bid on the same day. Both PEC and staff agree that re-bidding the project may or may not allow the City to realize lower bids. The overall project cost for this project is approximately $1,600,000. The land purchase was approximately $300,000, the design and construction services are approximately $200,000, and the construction cost is $1,097,000. The project will be funded from the 1997 Utility Bond Issue, there are approximately$2,000,000 remaining in this fund. RECOMMENDATION Staff recommends that the City Commission authorize the Mayor and City Clerk to execute a contract with Prime Construction Group, Inc. in the amount of$1,097,000.00 for the Reclaimed Water Booster Pumping Facility project in accordance with the following steps: • Authorize the Public Works Department to execute the Notices of Intent To Award and secure executed contract documents, bonds and insurance from the contractor. • Authorize the Mayor and City Clerk to execute the contracts with Prime Construction Group, Inc. at such time as the contract documents are reviewed for compliance by staff and legal counsel, as needed. DAW/jbw Attachments 1 (?IhBS & RE(.3ISTER, INC. -ih soltitl Stain Stmt1 G „....., ,,,,,,,,,,,,,,.,,, ' , , r ?; i;i� t Winter Garden, Florida i-4; yi i 3i r. '°t• !iil T c«imilc: (4071654-01 4 !i t f April 9. 200=1 I , \Tr. lT t'.id \\ heeler Ci of Ocoee 150 N. 1.akeshore Drive Ocoee. FL 3476i-2258 Subject; (i&R's Bid on Reclaimed Water Booster Pumpinv Facility - Notification of Rid Error and Request lot Bid Withdrawal Dear Mr. Wheeler: This is to notify . oa of an error in our hid that we submitted vesterdati. We respectf'ull‘ request that \re he allowed to \Nithdrn‘ our hid in accordance with Section 00200. Article 14, Section 14.2 of the hid documents. The mistake, in the amount of 80.1)00.00 is material and substantial. Our hid. had it not been for a computer spreadsheet error. would haze been S 1.175.000.01) instead of S 705.0140.011. laid Item No. 1. Reclaimed \\atcr Pumping I acility. is in error h‘ the same amount as the hid total. i.e. S $11.(H11). I have attached the bid spreadsheet that iN,e used in the preparation ol'our bid (note that we printed it out at 2;U0 p.m. alter we had tilled in the hid firm). 1 circled the error in the spreadsheet that caused the hid total tc, he in error. I also attached a corrected spreadsheet that reflects the correct totals for cur bid. Note the correction is circled as well. We respectfully request the return of our Bid Securit\. Please contae: me ifs ou hay e an_ questions. S i ncercl>. t,ilf.3l3S . REGISTER.l..R. INC. ,` ji ). i• i .Iyj#n \V. (i:ibbs. P.E. 4esident PROFESSIONAL ENGINEERING CONSULTANTS, INC. April 22, 2004 OE-37512.1 Mr David A Wheeler, P E. Public Works Director City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 SUBJECT: City of Ocoee Reclaimed Water Booster Pumping Facility RE: Recommendation of Award Dear Mr. Wheeler: • On Thursday, April 8, 2004, the City of Ocoee received sealed construction bids for the Reclaimed Water Booster Pumping Facility located west of Maguire Road from four (4) contractors: Gibbs & Register, Inc., Prime Construction Group, Inc., Beach Construction Company, Inc and RTD Construction, Inc. The City received a letter from Gibbs & Register, Inc. dated April 9, 2004 which notified of a material and substantial bid error in their submittal and requested that their bid be withdrawn siting Section 00200, Article 14, Section 14.2 of the bid documents. Referenced Article is as follows: "7f within 24 hours after bids are opened, any Bidder files a duly signed written notice with Owner and within 48 hours thereafter demonstrates to the reasonable satisfaction of the Owner that:a) there has been a material and substantial mistake in the preparation of the Bid; and that b) the mistake is of such great consequence that to enforce the Contract would be unconscionable; and that c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security shall be returned provided that the Owner is not seriously prejudiced, except for the loss of its bargain " The City Attorney reviewed Gibbs & Register, Inc 's request to withdraw their bid and concur that the request is consistent with the bid documents. Therefore, our evaluation and recommendation is based on the three remaining valid bids of Prime Construction Group, Inc., Beach Construction Company, Inc. and RTD Construction, Inc. The attached tabulation of bids represents a summary of unit prices by each respective bidder Prime Construction, Inc is shown to be the apparent low bidder with a total bid price of $1,097,000. The second apparent low bidder is Beach Construction Company, Inc with a total bid price of $1,181,700 and third apparent low bidder is RTD Construction, Inc. with a total bid price of$1,237,400 engineers Engineering Om Co,nniunitV' manner' 200 East Robinson Street-Suite 1560..Orlando,Florida 32801..107/122-8062 o FAX 407/849-9101 Mr. David A..Wheeler, P.E. April 22, 2004 Page 2 All bid proposals are complete and properly executed as indicated in the attached Bid Checklist and Reference form. They have acknowledged receipt of all addenda as prescribed. Based upon the information presented in the bid proposal Questionnaire, each bidder is a licensed contractor in the State of Florida. We have also contacted references for each bidder and a summary is presented in the attached 'Bid Checklist and Reference"forms We have reviewed the qualification submittals from each bidder and, based upon • conversations with the respective references and our analysis of the bid tabulation, we find that Prime Construction Group, Inc. is the apparent low bidder. Based on the apparent low bid, successful background references and the completed hid proposal forms, PEC recommends the contract for construction of the Reclaimed Water Booster Pumping Facility be awarded to Prime Construction Group, Inc The engineer's cost estimate for the project was $880,000 Prime Construction Group's bid was $217,000 more than the engineer's estimate A review of the submittal indicated Prime Construction bid the bore and jack under Maguire Road at $211,000 compared to the engineer's estimate of $50,000 Prime Construction Group also proposed a price of $200,000 for mobilization and any other work items compared to the engineer's estimate of$50,000 The Engineer's Report concerning the Series 2004 Bond Issue identified this project at a project cost of $2.0 million. The project cost to date is $1.6 million and includes the cost of land acquisition ($300,000), design and construction administration/inspection fees ($200,000)and construction contract ($1.1 million) If you have any questions or comments, please do not hesitate to contact me at your earliest convenience. Sincerely, PROFESSIONAL ENGINEERING CONSULTANTS, INC Kenneth R. Hooper Principal KRH/SMC/cs K:1. 1044DROA Enclosures: Bid Tabulation Bid Checklists and References Gibbs& Register, Inc letter dated April 9, 2004 E-mail from Foley &Lardner to City of Ocoee cc: Pete Sushinsky, P.E., PB Water Al Bowlin,Woodard and Curran Ken Hooper,V.P., PEC Art Austin, P.E., PEC Geoff Hennessy, P.E., PEC Stephanie Chang, El , PEC Richard Burgan, PEC BID TABULATION CITY OF OCOEE RECLAIMED WATER BOOSTER PUMPING FACILITY BID NO. BO4-06 130- 180 DAY CONTRACT TIME BID DATE: 04/08/04 PRIME CONSTRUCTION ' BEACH CONSTRUCTION GROUP,INC. COMPANY,INC. RTD CONSTRUCTION,INC, ITEM I NO. ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Reclaimed Water Booster Pumping Facility,except for those Bid Items hereinafter list separately. 1 LS 5597,000.00 $597.000.00 $812,000.00 $812,000.00 $1.041,200 CO $1.041.200.00 2 Maintenance of Traffic for Maguire Road. 1 LS $5,000.00 $5,000.00 $2,000.00 $2,000.00 S6,000.00 $6,000.00 3 Bore and Jack of Maguire Road. 1 LS $211,000.00 $211,000.00 $51.000.00 $51,000.00 $70.000.00 $70,000.00 4 Tapping connection to Consery II Reclaimed Force 1 LS S25,000.00 $25,000.00 $21,000.00 $21,000.00 $41.000.00 $41,000.00 5 Furnish and Install 20-inch Restrained D.I.Reclaimed Water Main{from wet tap to Conserve II turnout, not including bore and lack.) 250 LF $120.00 $30,000.00 S500.00 S125,000.00 $190.00 $47,500.00 0 Furnish and Install 20-inch Butterfly Valve and Box. 1 EA 34,000.00 34,000 00 S2,500.00 $2.500.00 $3.500.00 $3.500.00 7 Furnish and Install Offset Combination Air Vaive and Valve Vault, 1 EA $5,000.00 $5.000.00 52,750.00 $2,750.00 $8,000.00 38.000.00 8 Allowances. a. City of Ocoee Building Permit 1 ALLOW. 510,000.00 $10,000.00 $10.000.00 S10,000,00 S10.000.00 $10.000 00 b. Off-site Irrigation System(at Hess Station). , 1 ALLOW 310,000.00 $10,000.00 $10,000.00 S10,000.00 S10,O00,00 $10 000.00 9 For any Work items not included in the above bid • items. supply all materials and furnish all labor and equipment,perform all Work required,pay all costs including permit fees,taxes. insurance.overhead and profit necessary for a complete and operational system per the intent of the Specifications and Contract Drawings. 1 LS $200.000.00 $200,000.00 S145,450.00 $145,450.00 $200.00S200.00 TOTAL BID AMOUNT _ 51,097,000.00 $1.181.700.00 I $1,237,400.00 NOTES, • K:\...\BIDTAB.XLS 1 of 1 OE-375/2.1 (04/13/04) BID CHECKLIST PROJECT DATA BIDDER INFORMATION Owner: City of Ocoee Name: Prime Construction Group, Inc. Location: 150 N. Lakeshore Drive Address: 100 Jetstream Drive Ocoee, FL 34761 Orlando, FL 32824 Contract: Reclaimed Water Booster Contractor's No,: CGC037504 Pumping Facility-Bid No. B04-06 • Check One Checklist Comments Yes No N/A' Acknowledges all Addenda? Indemnification Minimum $.___ )? ✓ No Indemnity Form. Balanced Bid (Section 00400)? - Extensions correct? Incomplete unit prices? _11511 Mobilization less than 5%of bid? Ell ✓ Conditional bid? ✓ Schedule of Base Bid Manufacturers? ✓ _ Bid Proposal properly si•ned? ✓ Serious bid omissions? Unauthorized alterations of form? Questionnaire Completed (Section ■ 00401)? Subcontractors less than 50%of bid ■ Incomplete List of amount(Section 00401)? Subcontractors_ Project Experience References ■ (Section 00401)? Compliance with Florida Trench Safety Act (Section 00401 A)? Drug-Free Workplace Certification (Section 00401B)? MBE/WBE Submittal (Section 00401C)? _� ✓ 5% Bid Bond (Section 00430)? Cor•orate Authority(Section 00430)? Power of Attorney? 1115111111111 Noncollusion Affidavit(Section 00450)? N1111111. __ Certification of Non-Segregated Facilities ■ (Section 00451)? Sworn Statement on Public Entity Crimes ■ (Section 00452)? Non-Discriminatory Labor Practices ✓ (Section 00453)? ✓ in box for properly completed Bid. K:\ .\BIDCHECKLIST -1- OE-375/2 1 (04113104) BID CHECKLIST PROJECT DATA BIDDER INFORMATION Owner: City of Ocoee Name: Beach Construction Company _ Location: 150 N. Lakeshore Drive Address: P.O. Box 141860 Ocoee, FL 34761 Gainesville, FL 32614-1860 Contract: Reclaimed Water Booster Contractor's No.: CGC060739 Pumping Facility -Bid No. B04-06 Check One Checklist Comments Yes No N/A Acknowledges all Addenda? ✓ Indemnification(Minimum $ )? No Indemnity Form. Balanced Bid (Section 00400)? Extensions correct? Incomplete unit prices? Mobilization less than 5% of bid? ✓ Conditional bid? Schedule of Base Bid Manufacturers? Bid Proposal properly si•ned? Serious bid omissions? _ . ✓ Unauthorized alterations of form? ✓ Questionnaire Completed (Section / ■ 00401)? Subcontractors less than 50%of bid ✓ amount (Section 00401)? Project Experience References (Section 00401)? Compliance with Florida Trench Safety Act ■- (Section 00401A)? Drug-Free Workplace Certification ■ (Section 00401B)? MBE/WBE Submittal(Section 00401 C)? 5% Bid Bond Section 00430)? 112111 Corporate Authority(Section 00430)? ✓ _� Power of Attorney? Noncollusion Affidavit (Section 00450)? Certification of Non-Segregated Facilities (Section 00451)? Sworn Statement on Public Entity Crimes ✓ ■ (Section 00452)? Non-Discriminatory Labor Practices ✓ (Section 00453)? ✓ in box for properly completed Bid. K:1 ..\BIDCHECKLIST -2- OE-375/2 1 (04/13/04) BID CHECKLIST PROJECT DATA BIDDER INFORMATION Owner: City of Ocoee Name: RTD Construction, Inc. Location: 150 N. Lakeshore Drive Address: P.O. Box 996 Ocoee, FL 34761 Zephyrhills, FL 33539 Contract: Reclaimed Water Booster Contractor's No.: CGC060736 Pumping Facility-Bid No. B04-06 • Check One Checklist Comments Yes No NIA Acknowledges all Addenda? ✓ Indemnification (Minimum $ _ )? ✓ Balanced Bid (Section 00400)? ✓ _ Extensions correct? • . ✓ Incomplete unit prices? ✓ Mobilization less than 5% of bid? ✓ Conditional bid? ✓ Schedule of Base Bid Manufacturers? ✓ Bid Proposal properly signed? _ ✓ Serious bid omissions? ✓ Unauthorized alterations of form? T ✓. Questionnaire Completed (Section ✓ 00401)? Subcontractors less than 50% of bid ✓ amount (Section 00401)? Project Experience References ✓ (Section 00401)? _ Compliance with Florida Trench Safety Act ✓ (Section 00401 A)? Drug-Free Workplace Certification ✓ (Section 00401 B)? MBEIWBE Submittal (Section 00401C)? ✓ 5% Bid Bond (Section 00430)? - ✓ _ Corporate Authority(Section 00430)? ✓ Power of Attorney? ✓ Noncollusion Affidavit(Section 00450)? ✓ Certification of Non-Segregated Facilities ✓ _ (Section 00451)? _ Sworn Statement on Public Entity Crimes I (Section 00452)? Non-Discriminatory Labor Practices ✓ (Section 00453)? ✓ in box for properly completed Bid K:1 ..1BIDCHECKLIST -3- 0E-375/2 I (04113/04) CITY OF OCOEE RECLAIMED WATER BOOSTER PUMPING FACILITY BID NO. B04-06 REFERENCES FOR: PRIME CONSTRUCTION.GROUP, INC. • . . Item . No:1 . No'.2. No. 3 • Contact Person Greg Goodale/Utilities Construction Kipp Lockcuff/Utilities Director Herb Collado Manager Date Contacted , July 17, 2003 July 17,2003 April 12, 2004 Organization City of Casselberry City of Winter Springs _ Orange County Utilities Telephone No. (407) 260-9683 (407)327-5989 ,(407)836-7254 Project Name Water Plant Modifications East WRF- Filters _ Pine Hills Pump Station Improvements Contract Amount $677,000 $572,000 $532,000 Owner City of Casselberry Utilities City of Winter Springs _ Orange County Utilities Completed on Yes Yes Yes Schedule Chane Orders Ok Ok Acce•table Comments: Contractor (PCG) did good work. , PCG would be a preferred contractor if They are good. They have done several Completed work on time. They appear such was allowed. PCG has completed lobs for Orange County. very experienced at working in water and many projects for the City of Winter wastewater plants, plant work. Springs and all have been satisfactory. K:\.,.\BIDREF 1 OE-375/2.1 (041'131'04) CITY OF OCOEE RECLAIMED WATER BOOSTER PUMPING FACILITY BID NO. B04-06 REFERENCES.FOR: BEACH CONSTRUCTION COMPANY Item No.1 No.2 No.3 Contact Person Tony lono James Arrington Neal Shinkre Date Contacted April 12, 2004 April 12, 2004 April 12, 2004 Organization Avatar Properties City of Williston St. Johns County Utilities Telephone No. (407)933-5000 (352)528-3060 (407)471-2161 Project Name Bellalago WTP Williston WWTP Improvements _ Anastasia Island WWTF Improvements Contract Amount S1,581,544 $589,000 $1,070,000 Owner City of Williston St.Johns County Completed on Ahead of time. No problem at all. On time. Schedule Change Orders None. No problems. No problems. Comments: Excellent people to work with. They did a Did a good job. Would use them again, Very good. Nothing but excellence. We super job. anytime. are adding to the contract. K:1...1BIDREF 2 OE-37512.1 (04'13'04) CITY OF OCOEE RECLAIMED WATER BOOSTER PUMPING FACILITY BID NO. B04-06 • REFERENCES FOR: RTD CONSTRUCTION,INC. •• Item • No. 1No.2 • No.3 Contact Person Tony Kashani George Reilly Torn Missimer Date Contacted April 12,2004 April 12, 2004 ,April 12, 2004 Organization Hillsborough County City of Cape Coral Pasco County Telephone No. (813)307-1820 (239)574-0729 (727)847-8145 Project Name Hidden Forest Pump Station Everest Parkway WRF .. Hudson Reuse Pump Station Contract Amount $588,450 S1,518,600 $1,196,246 Owner Hillsborough County City of Cape Coral Pasco County BOCC Completed on One time. On schedule. A little late. Schedule Change Orders Very good. Very cooperative. , Ok. Comments: Did a very good job, excellent job. Did a fine job. Very cooperative. Very Average. Some issues with happy with results. subcontractors. Work was good, not great. K:1...1BIDREF 3 OE-37512.1 (04.113104) • a 2 09:21 4t��65E,7E 5 ENGINEERING PAGE 01 04109/'�D:�4 �� .- Rece-tZic e , p� c;:, ' GIBES & REGISTER, TNC. w �~ 530 South Main Strut cj E C� D 'V� Winter Garden,'Florida 34787 i Telephone:(407)6546133B �•+. 'Facsimile:(407)654-6134 APR 9 2004 k :rya 4.P.7..f . D , t4 April 9,2004 'D! I • t04 t;! Mr David Wheeler Cityof Ocoee �,._. ..,. • 4,..„,...„.,,,,,... 4":` 150 N.Lakeshore Drive •" :m:`'.i es-->•`. ^, ":.•i1 ::• Ocoee,FL 347(51-2254 fi. ... Subject: G&R's Bid an Reclaimed Water Booster. Pumping Facility- r ;.,�<...•-�.••-` Notification.of Bid Error and Request.for Bid Withdrawal tel_ ` •- tt�_"x I C.r Dear Mr.Wheeler: -..---•". This is to notify you of an error in our bid that we submitted yesterday. We respectfully request that we be allowed to withdraw our bid in accordance with Section 00200,Article 14,Section 14 2 of the bid documents_ The mistake, in the amount of$ 380,000.00 is material and substantial. Our bid,had it not been for computer spreadsheet error,would have been$ 1,175,000.00 instead of $ 795,000.00_ Bid Item No 1,Reclaimed Water Pumping Facility, is in error by the same amount as the bid total, i.e. $ 380,000. I have attached the bid spreadsheet that we used in the preparation of our bid (note that • we printed it out at 2;00 p.m.after we had filled in the bid form). I circled the error in the spreadsheet that caused the bid total to he in error. I also attached a corrected spreadsheet eet that reflects the correct totals for our bid. Note the correction is circled as well. We respectfully request the return of our Bid Security. Please contact me if you have arty questions. Sincerely, GIBBS&. .LISTER.INC. i I. 'n.W_Gibbs,P.E. rat Dam 0 4:i 'f esident Post-tr Fax Note 7671 `��j ibl��49r k d�- p. _ C.:"rdnpt I� Gibbs &Register's laid on Reclaimed Water Booster Pumping facility Page 1 of 1 Stephanie Chang From: Wheeler, David[dwheeler@ci ocoee fl us] Sent: Monday,April 12,2004 11:37 AM To: 'schang@peconline.corn' Subject: FW:Gibbs&Register's Bid on Reclaimed Water Booster Pumping facility -----Original Message From: Horan,John [mailtoJHoran@foley.com] Sent: Friday,April 09,2004 1:11 PM To:Wheeler, David;Tolbert,Joyce Cc: Rosenthal, Paul Subject: Gibbs&Register's Bid on Reclaimed Water Booster Pumping facility I have reviewed G&R's letter of April 9 together with the bid instructions. I believe G&R has complied with the requirements of Article 14.2 of the Bid Instructions and should be allowed to withdraw its hid. Parenthetically i would note that if the City exercised its discretion to correct the bid, it would not be the low bidder in any event. John Horan Foley& Lardner, LLP P. O. Box 2193 Orlando, FL 32802-2193 (407)-244-3265 -T (407)-648-1743 - F jhoran@foley.com This email message and any documents attached to it are private and confidential and are intended to be read only by the named addressee. If you are not the named addressee, please do not read these materials. If this message has been delivered to you in error, please notify the sender. Thank you. Our documents are prepared in Microsoft Word'97 Please notify us if it is incompatible with your software IMPORTANT NOTICE:The preceding message may be confidential or protected by the attorney-client privilege.It is not intended for transmission to,or receipt by,any unauthorized persons. If you believe that it has been sent to you in en-or, do not read it. Please reply to the sender that you have received the message in error.Then destroy it. Thank you 4/12/2004