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Agenda 12/14/2010 Item #10E Agenda Item No. 10E December 14, 2010 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to award bid nnmber 10-5596, "SRO Wellfield Ravy Water Transmission Main Repair" to Mitchell & Stark Construction Company, Inc.; in the amount of $1,812,000, to complete the first stage of Phase IV of the South RO Wellfield Raw Water Transmission Main Repair Project, Pro.ject No. 70030. OBJECTIVE: The public purpose of this project is to provide a reliable raw water supply for the reverse osmosis water treatment system at the South County Regional Water Treatment Plant (SCR WTP) that serves customers throughout th(~ water service area. CONSIDERATIONS: Publicly advertised bids for this first stage of construction (the re- commissioning of up to 11 wells and a portion of the wellfield transmission mains) were opened on November 4, 20 I O. Of the 1.354 venders notified, 96 downloaded the package. Four bids were received. - Contractor Total Mitchell & Stark Construction Company $ 1,812,000.00 Haskins Inc. $ 2,550, I 08.00 Metro Euuioment Scrvice Inc. $2,616,863.54 Guymann Construction of Florida $ 2,678,897.00 The engineer's estimate tor this t1rst stage of construction is $2,000,000. Camp Dresser & McKee submitted a letter (attached) ti'om their sub-consultant, Greeley and Hansen, recommending award of the contract to Mitchell & Stark Construction Company Inc., (Mitchell & Stark), subject to approval by the County. Attached, also, is a letter from Malcolm Pirnie, Inc recommending award of this contract to Mitchell & Stark. The following actions were previously taken by the Board of County Commissioners (Board): . March 9, 20] 0, Agenda Item 16C4, the Board approved a budget amendment to provide initial cmergcncy repairs to the failed pipeline. . June 8, 2010. Agenda Item 10C, the Bourd approved a budget amendment for additional project funding based on a morc detailed assessment of the damage. . June 22, 2010. Agcnda Item] 6K3, the Board authorized t1ling civil action, if necessary, against Camp Dresser & McKee, Inc., Hazen & Sawyer, P.C., and John Reynolds & Sons, Inc., d/b/a Reynolds, Inc., to recover the cost of damages resulting from the pipeline failure. . October] 2, 20] 0, the Board was provided with updated infonnation regarding the extent of repairs that would be neccssary to completely restore the functionality of the pipeline to its original design intent and to amend the budget to complete the t1rst stage of Phase IV repairs. - The plan for repairing and re-cOlTIlTIlsslOning the South Reverse Osmosis (SRO) Well field presented to the Board on June 8, 2010, included: (1) Phase I: initial repair of failed pipe, (2) Phase II: forensic evaluation of the cause of the pipeline failure, (3) Phase Ill: risk identification Agenda Item No.1 DE December 14, 2010 Page 2 of 20 and mitigation of the impact of potential future failures, (4) Phase IV: complete the repairs, implement risk mitigation measures, and re-commission the SRO Welltield, (5) Phase V: return to long-tenn, sustainable operation, and obtain full cost reimbursement. Phases I and II are complete. Phase III activities are underway, as well as the procurement of long lead-time equipment and services required f()r Phase IV. Phasc IV will be completed in two stages. The tirst stage includes re-commissioning up to 11 wells. including a portion of the well field transmission mains, and is the basis for the construction contract to which this executive summary pcrtains. The second stage includes repair and re-commissioning of the remaining wells and transmission main (a total of 23 wells re-commissioned) and will be advertised for public bidding in 2011. Experiences from the first stage construction and operational performance will be incorporated into the second stage design and construction tor completion of Phase IV. Improvements required as part of Phase IV of construction include the replacement of refurbished 24" and 30" line valves, a redesigned air release system, replacement of corroding bolts and fittings, verification of the structural integrity of the existing piping, and tlushing and commissioning of the well/pipeline systcm. The bid otfer received from Mitchell & Stark did not include all of the required E-Verify documentation. Specifically, the bidder failed to include evidence that they had, in fact, signed up tor the E-Verify system. Howcver, Mitchell & Stark had provided this information to the Purchasing Department under separate cover prior to submitting their bid offer. The Purchasing Department is seeking approval from the Board to waive Mitchell & Stark's failure to include that infonnation with its bid (considering it had previously provided such verification separately prior to submitting its bid) as a minor irregularity; as this is within the Board's purview under Purchasing Policy section VI. E. Because of the exigent nature of this project and given that the Board is only scheduled to meet one time in December, the award recommendation was posted in accordance with Section XIX of the purchasing policy on November 12, 2010. Subsequent to posting the award recommendation, a protcst of the award recommendation was received from one of the competing bidders. A copy of the protest and the Purchasing Director's decision are enclosed. In light of this, and several similar incidents that have occurred recently, staff recommends that in instances where a bidder has not furnished all of the required E- Verify-related documentation, and their bid offer appears to othcrwisc represent the lowest, qualified and responsive bidder, that the Purchasing Department havc the authority to request the missing documentation from the bidder subsequent to the bid opening, but prior to submitting an award recommendation to the Board. This authorization will cnsurc that the Board's intent regarding the usage of the E-Verify system will be satisfied, while also obtaining maximum value tor the customcrs of thc County Water/Sewer District and the County's taxpayers respectively. In the event that the bidder does not provide the required infonnation promptly, staff would consider the bidder non responsive and move forward with the award recommendation and advise the Board accordingly of the issue at the time of award. Agenda Item No. 10E December 14, 2010 Page 3 of 20 There is a companion executive summary on the December ] 4, 20] 0, Consent Agenda for the award of the construction engineering inspection services contract for this project. FISCAL IMPACT: There is adequate funding available in the SRO Wellfie]d Raw Water Transmission Main Repair Project 70030, in the amount 01'$4,] 68,804. The source offunding is Water User Fees (412). LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficicnt for Board action.~SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability ofviab]e public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio Governing Board ofthe Collier County Water-Sewer District: I. Waive the referenced minor irregularity and award Bid Number 10-5596, "SRO Wellfield Raw Water Transmission Main Repair" to Mitchell & Stark Construction Company, Inc., in the amount 01'$] ,812,000. 2. Authorize the chairman to sign and execute a standard construction agreement after approval by the county attorney's office. Prepared by: Alicia Abbott, Project Manager, Public Utilities Planning and Project Management. Agenda Item NO.1 DE December 14, 2010 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10E Recommendation to award bid nunlber 10-5596, SRO Wellfield Raw Water Transmission Main Repair to Mitchell & Stark Construction Company, Inc., in the amount of $1 ,812,000 complete tile first stage of Phase IV of the South Reverse Osmosis Wellfreld Raw Water Transmission Main Repair Project, Project No, 70030. (Jim Delany, Public Utilities Administrator) 12/14/20109:0000 AM Meeting Date: Prepared By Alicia Abbott, E.L Project Manager Date Public Utilities Division Public Utilities Engineering 11/16/20108:28:29 AM Approved By Margie Hapke Operations Analyst Date Public Utilities Division Public Utilities Division 11/24/20102:05 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Division Purchasing & General Services 11/24/20102:05 PM Approved By Alicia Abbott, E.!. Project Manager Date Public Utilities Division Public Utilities Engineering 11/24/20102:06 PM Approved By Aaron Cromer Project Manager, Principal Date Public Utilities Engineering 11/24/20102:19 PM Approved By Thomas Wi des Director ~ Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 11/24/20103:37 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 11/24/20104:05 PM Approved By Pamela Libby Manager ~ Operations~Water/WW Date Public Utilities Division Water 11/29/20106:05 AM Approved By Steve Carnell Director. Purchasing/General Services Date Administrative Services Division Agenda Item No, 1 DE December 14. 2010 Page 5 of 20 Purchasing & General Services 11/30/20101:29 PM Approved By James W. DeLany Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 12/1/20108:20 AM Approved By Jeff Klatzkow County Attorney Date '12/1/201010:32 AM Approved By OMS Coordinator Date County Manager's Office OHice of Management & Budget 12/1/20103:39 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Managprnent & Budget 12/3/20104:22 PM Approved By Leo E. 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" I' i ~ < w o z < . ~ < e o w o " , o z ai c e o ~ e z o o Agenda Item NO.1 DE December 14, 2010 Page 10 of20 CONI 12501 WOlld Plaza Lane, Bldg 51 Fort Myers, FL33907.3991 leI; 239 938-9600 fax: 239275-6755 November 12, 2010 Ms, Alicia Abbott Project Manager Collier County Public Utilities Division Planning and Project Management 3339 East Tamiami Trail, Suite 303 Naples, FL 34112 Subject: SCRWTP SRO Wellfield Raw Water Main Repair, Phase 1 Collier County Bid No. 10-5596 Bid Evaluation Dear Ms. Abbott: Enclosed are the bid evaluation and bid tabulation for the SCRWTP SRO Wellfield Raw Water Main Repair, Phase 1 (Collier County Bid No. 10-5596) as prepared by our subconsultant Greeley and Hansen. Respectfully, gJPulb Paul Pinault, P.E. Associa te Camp Dresser & McKee Inc. Enclosures con.sultlng . engineering. construction, operation.!: Agenda Item No, 1 DE December 14.2010 Page 11 of 20 1.1 GREELEY AND HANSEN November 12, 2010 1567 Hayley lane, Suite 201 FortMyllrs,Florlda33907 p2392269660 12392269663 www.~reetey-hallsen.CQm Ms. Alicia Abbott Project Manager Collier County Public Utilities Planning and Project Management 3339 East Tamlami Trail, Suite 303 Naples, FL 34112 Subject: SCRWTP SRO Wellfield Raw Water Main Repair, Phase 1 Collier County Bid No.1 0-5596 Bid Evaluation Dear Ms. Abbott: We have reviewed the forms received by Collier County for the construction of the subject project and present our findings herewith: 1. General Proposals were Invited via the Collier County Online Bidding System by a Public Notice "Invitation to Bid" for the work shown and described In the bidding documents. A non-mandatory pre-bid conference was conducted on Wednesday, October 20, 2010. Two addenda were issued via the online bidding system. Submitted bids were received and recorded in the Purchasing Conference Room, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112; at 2:30 p.m. on Thursday, November 4,2010. 2. Bids Received Four contractors submitted bids for Bid No. 10-5596, each of which was accompanied by a bid bond In the amount of five percent of the amount bid as bid security. The Bid Proposals have been tabulated and are summarized as follows: Name of Bidder Total Computed Amount of Bid $1,812,000.00 $2,550,108.00 $2,616,863.54 $2,678,987,00 1. Mitchell & Stark Construction Co. Inc. (L) 2. Haskins Inc. (L) 3. Metro Equipment Service tnc. 4. Guymann Construction of Florida Inc. (L) Note: (L) indicates Local Bidder The tabulation otlhe Bid Proposals has been prepared by the County Purchasing Department, and a detailed Bid Tabulation is attached. -1- Alicia Abbott Agenda Item No. 10E December 14, 2010 Page 12 of 20 November 12, 2010 3. Continqent Conditions None of the submitted Bid Proposals contained statements or remarks relative to the bid, award of the Contract or the execution of the work. 4. Irreoularlties Mitchell & Starl\ failed to submit the required E-verify form, This will be considered by the County during their decision-making process and Is not part of Greeley and Hansen's bid evaluation. 5, Evaluation of Prices The Engineer's Estimate of Construction Cost was $2,000,000.00. Bids received on November 4,2010, ranged from a low bid of $1 ,812,000,00 to a high bid of $2,678,987,00. We did not note any pricing Issues of concern. 6. Recommendation Our Investigation indicates that the apparent low bidder for the SCRWTP SRO Wellfield Raw Water Main Repair, Phase 1, Collier County Bid No.1 0-5596, Mitchell & Stark Inc. Is qualified, and able to perforrn the required work. We recornmend that a Contract in the arnount of $1,812,000,00, for the construction of the SCRWTP SRO Wellfield Raw Water Main Repair, Phase 1, be awarded to Mitchell & Stark, Inc. subject to approval by the County. Yours very truly, 'it a} ~ansen LLC :Ie&gg~ .E. ~----., -2. GREELEY AND HANSEN MALCOLM PIRNIE Malcolm Plrnle, Inc. 8201 Peters Road. Suite 3400 Plantation, FL 33")~ " T: 954,761.3460 F: 954.761.; www.plrnle.com November 24, 2010 Alicia Abbott, Senior Project Manager Public Utilities Division County Government Center 3301 E. Tamiami Trail Naples, FL 34112 Re: Bid Number 10-5596, SRO Wellfield Raw Water Transmission Main Repair Dear Ms. Abbott: Malcolm Pimie has reviewed the bid tabulations for construction of the repairs and re- commissioning of Phase 1 of the SRO Well field, Our review focused on the apparent low bidder, Mitchell & Stark Construction Company. Since the total bid of Mitchell and Stark was considerably lower than the next lowest bid, we looked specifically for any apparent errors or omissions in the bid, It is our opinion that the bid submitted by Mitchell & Stark is reasonable and represents a legitimate offer to provide the construction required in Phase I of the SRO Wellfield. It should be noted that Mitchell & Stark has worked on a number of utility projects in Collier County over the years; some of which Malcolm Pirnie played a role. In our opinion, Mitchell & Stark is well qualified to provide the construction services represented by this Project. It is the recommendation of Malcolm Pimie that the Construction Contract referenced above, be awarded to Mitchell & Stark Construction Company. Please do not hesitate to contact me if you have any questions. Sincerely, ~L-ty(. ,Ll Robert H. French, P.E., BCEE Senior Associate Solutions for Life'" .. "oJ Agenda Item No. 10E December 14, 2010 Page 14 of 20 HASKINS INC. 10956 Enterprise Avenue . Bonita Springs, FL 34135 PH. (239) 947-1846 FAX (239) 947-3857 Collier County Government Administrative Services Division Purchasing Department 3301 Tamiami Tr. E Naples, Florida Attn: Steve Carnell, Purchasing Director Subject: Haskins Inc. Bid Protest for Bid No, 10-5596 SRO Well Field Raw Water Transmission Repair Phase1,Proposed Award to Mitchell & Starke Construction Inc. Mr. Carnell, Haskins Inc. formally files this bid protest based on the follOWing facts: 1: Per Addendum One dated 10/22/10: Mitchell & Starke did not submit the signed addendum with their bid documents. M&S bid documents were supplied to Haskins Inc. via email. 2: Mitchell & Starke did not submit the E-Verify profile page with their bid documents per addendum one. 3: Addendum One clearly states that in order for their bid to be considered, the above mentioned documents must be submitted. 4: On 11/2/10 Mitchell & Starke submitted a bid for the W. Eustis Drainage Project. Their bid was also declared non responsive for the same above mention reasons. Several other previous bid submittals have been deemed nonresponsive due to not complying with the E-Verify so a precedence has been set forth by Collier County. 5: In the audio recording of the pre bid conference, which a representative of M&S was in attendance, Scott Johnson, Collier County Purchasing, declared that the E-Verify paperwork was to be included with the bid or be deemed non responsive per the addendum and Collier County board rules, 6: Being that M&S was over 30% low and declared a non responsive bidder, they should not be considered due to not fully understanding the complexities of the project. 7: URS Corporation's CEI proposal was not accepted, for services on the well field repair, due to not supplying the E-Verify submittal, even though their company had previously signed up, Agenda Item No. 10E December 14, 2010 Page 15 of 20 PH. (239) 947.1846 FAX (239) 947-3857 8: At the 10/12/10 BCC meeting, the board voted unanimously to not accept any RFB or RFP that does not contain the proper Immigration submittals of which the E-Verify is a part of, Chairman Coyle stated "The vendor who is selected should meet all of the qualification for being a contractor at that time" Haskins Inc. believes that Collier County must and should follow their own prescribed rules & guidelines and award the SRO Well Field Repair project to Haskins Inc. We can be available anytime at your convenience to discuss these items. Sincerely, President Haskins Inc. 11/18/2010 Letter Of Transmittal Agenda Item No. 10E December 14,2010 Page 16 of 20 Haskins Inc. 7 ,-q'-' V ED -<-l-I:::l 10956 Enterprise Ave. . ~ ~- ,..... Bonita Springs. FL. 34135 NO\l1 8 7010 - "'.1::~;.:r;_01",Kl :"JE;['t-] ,. .'4 Collier County Purchasing Department Attn: Steve Carnell, Director Subject: SRO Well Field Repair Bid Protest We are sending you Attached : x Under separate cover, the following items: Shop Drawings Prints/Plans Specs. Copy of Letter Change Order x Other , Original Date Description 1 11/18/2010 Bid Protest Letter These are transmitted as checked below: For approval Approved as Submitted For your use Approved as Noted As Requested Retumed for corrections x For Review & Comment Other: REMARKS: Copy To: ~ Signed: c::;; /' Co~r County ~ -..-- - - Administrative SeNices Division Purchasing Agenda Item No.1 DE December 14,2010 Page 17 of 20 November 23, 2010 Mr. Harlan Haskins, President Haskins Inc. 10956 Enterprise Avenue Bonita Springs FL 34145 Re: Protest Decision, ITB 10-5596, SRO Well Field Raw Water Transmission Repair Phase 1 Dear Mr. Haskins, I am in receipt of your protest letter (which was received in my office on November 18, 2010) regarding the recommended award of the referenced contract to Mitchell & Stark Construction Inc. (hereinafter referred to "M & 5"). Your letter identified several reasons as to why you believe this contract should be awarded to Haskins, Inc, rather than the recommended firm. The following is a summary of each reason listed and the information discovered by this office with regard to each: 1. The bid invitation required all bidders to acknowledge receipt of all addenda. M & S did not subrnit the signed addendum with their bid documents. " This office would concur with this statement. 2. M & S did not subrnit the required E-Verify profile page (as required under Addendum #1) with their bid offer. This office would concur with this statement, but would add that M & 5 submitted the required E-verify documentation under separate cover prior ~ Purchasing Department. 3327 Tamiami Trail Eas!' Naples, Florida 34112.4901 .www.colliergov.neUpurchasing Agenda Item NO.1 DE December 14, 2010 Page 18 of 20 Mr. Harlan Haskins, November 23, 2010 Page 2 of 4 to the bid opening (see attached) in response to a request from the Purchasing Department to submit this information (also attached). 3. On November 2, 2010, M & 5 submitted a bid offer in response to County ITB 10-5593 for the West Eustis Avenue Drainage Project. Their bid offer for that project was deemed non-responsive due to non-compliance with the E-Verify requirements, thereby setting precedence in this matter. In their bid response to ITB 10-5593, M & S filed the required E-verify related affidavit, but did not furnish evidence of sign up in the E-Verify system per the requirements of the ITB. In this particular bid invitation, the bid from M&S was never fully evaluated for responsiveness as they were the apparent sixth lowest bidder out of 12 bids received. As of this writing, staff intends to recommend award of that contract to the third apparent lowest bidder, Southwest Utilities Inc. after determining that they had in fact submitted all of the required E-Verify related documentation and that the two lowest bidders had not submitted all of the required documentation with their bid submission or prior to the bid deadline under separate cover. As of this writing, the award recommendation has not been officially submitted to or considered by the Board of County Commissioners, 4, During the pre-bid conference for ITB 10-5596, the Purchasing Department staff stated that all E-verify documents were to be submitted with each bid offer or the bid, would be deemed non-responsive per addendum #1 and the policy of the Board of County Commissioners. This office would concur with this statement. 5. The bid offer from M & 5 under ITB 10-5596 is "over 30% low" and should not be considered as this is evidence that the bidder does not understand the complexities of the project. Agenda Item No. 10E December 14, 2010 Page 19 of 20 Mr. Harlan Haskins, November 23, 2010 Page 3 of 4 The Engineer of record and Public Utilities staff has reviewed the bid submission from M & 5 (the engineer's recommendation is enclosed). Both believe that the price for the work is acceptable. M &5 has affirmed their commitment to perform the work as set forth in the bid invitation per their offered price. Also, M & 5 does firsthand familiarity with the job site as they have performed limited repair work on the site previously. 6. One of the proposers responding to RFP 10-5599 (CEr Services for the same project) failed to include required E-Verify information with their proposal and their proposal was consequently rejected. Under the referenced RFP, 3 proposals were received, two of which (UR5 and Wilson Miller) did not include the required E-Verify documentation with their orooosal. However, Wilson Miller submitted the required E- Verify information under separate cover on the same dav the proposal was due. Based on these facts, the proposal from UR5 was deemed non- responsive and the proposal from Wilson Miller was deemed responsive for the purpose of the subsequent public evaluation process. That determination will be subject to a finding by the Board of County Commissioners that the omission from the Wilson Miller proposal is in fact a minor irregularity at the time of the forthcoming award. 7. On October 12, the Board of County Commissioners directed staff not to accept bids or proposals that did not contain the proper E-Verify submittals. This office would generally concur with this statement. However, it is staff's position that M & 5 complied with the intent of the Board policy in this instance given that it provided the required E-Verify documents more than one week orior to the bid opening date. This office has reviewed all of the issues raised in the protest and concurs with the protestor that the recommended awardee did not submit all of the required E-Verify documentation with their bid offer as directed under the Agenda Item No.1 DE December 14, 2010 Page 20 of 20 Mr. Harlan Haskins, November 23, 2010 Page 4 of 4 ITB and by the Board. However, given that the contractor had submitted the required information prior to the bid opening, it is the position of this office that the Board of County Commissioners has the discretion to waive the omission as a minor irregularity. Accordingly, it is the decision of this office to deny the protest and allow the award recommendation to move forward to the Board of County Commissioners for consideration. Under Section XVIII.C of the County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor delivers a subsequent written objection to my attention within two business days from the date of receipt of this decision, or not later than close of business on Monday November 29, 2010. Sincerely, ~ Cf) I Ufihll/ Steve Carnell, Purchasing/General Services Director Attachments cc: Jim Delony, Public Utilities Administrator