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HomeMy WebLinkAboutO-2003-2648 . . ORDINANCE NO~ 2003- ~1.o4~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RL UTILITIES, INC., FOR THE REPLACEMENT OF THE CARLOW LANE AND EAST E STREET WATERLINE, APPROPRIATING NOT TO EXCEED $218,749.00, PLUS A CONTINGENCY OF $10,937.00, TO FUND SAID CONTRACT, XAXING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the ci ty of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $218,749.00 plus a contingency of $10,937.00, from City of La Porte Fund No.3, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . It Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11 day of August, 2003. ATTEST: ~1I7L t).~ Mar ha A. Gill tt City Secretary CITY OF LA PORTE By: ~~~~~ orman L. Mal e -- Mayor 2 8B/85/2882 17:4B 7136229265 CLAUNCH&MILLER,INC PAGE 82 . e CLAUNCH & MILLER, INC. Engineering Consultants ~.~ ~..~ August S, 2003 Mr. Steve Gillett Director ofPuhli.c Works City of La.Porte P. O. Box 1115 La Porte, Texas 77572-11IS Re: 2003 Water-Jin.e Improvement Project City of La. Porte eMI Job No. 03-018 Deat Mr_ Gill,ett: On July 28, 2003,. six (6.). bids were. received on the. above referenced project. The. following is a summary of the bids and our evaluation of the bidders to be considered for this. project. 1. Bid Tabulation Sheet - Six (6) construction finns participated in the bidd.ing process. The bids for th.e total project are as follows: I..owest Bidder Second Lowest .Bidder Third Lowest Bidder Fourth Lowest Bidder Fifth Lowest Bidd.er 58th. Lowest Bidder Contractor Souther.11 Custo.ms. Inc. RL Utilities, Inc. Vintage- Contracting, Inc. Cravens Panners, LT.D. Jimerson Underground, Inc. Pennstar, me. A copy of the bid tabulation, is. attached .il, Section.J. of this report. Total Bid $187,826.80 $218,749,00 $229,477.00 $235,295.00 $248,411 .00 5330.035.00 Each bid was checked for mathematical errors.. and/or bid irrcgu.Jarities,' No errors- were found in any of the bids. 2. Review of Lowest Bidder- Southern Customs, Inc. The lowest Bi.dd.er was Southern Customs, Inc. A statement of qualifications was received from_ Soutbem Customs, Inc. along with- a Iist- of references-. Claunch & MilIer\ Inc. also conducted a telephone interview with Mr. David Brinkley, the Prcside.nt of Southern Customs. Inc. 4635 Southwest Freewa)',.Suite. lOOO,. Houst.,R, T~xas-7-7o-27-116'. 713--622-9264'-. Fa! 713-622-9265 "'''..._..___0_.'___''- . '".. ..... . .-.. ""-, . .' :"J. . . .. ....... .:;_ ..... .~" ~ . . /.::. ~;:~-:.:-....:..:":: ..... I~::~' ....'~--:"""':"....7"'..........,. 7136229265 e CLAUNCH&MILLER,INC e PAGE 63 68/65/2662 17:48 References . - Various references. were. contactcdand asked. to- respond, to a series- of. questions. Generally the references were llnpresscd with the work perfonned and would use them again- in- the- future. However, it was- noted that the projects perfonncd for each- reference were not water tine projects similar to this project. While the references were impressed with Southem-Customs.work it was found thallhe work'was predominately paving work. Statement of Ouali.fi.ca,tions. - Southern Customs. provided a.list. of.projects designated as. "Work in Progress.' and completed jobs. Two projects were submitted as "Work in Progress". Both- project. were paving. projects; Twenty five projects. were' submitted as "Completed Projects". Th.ese projects ranged from pavement projects, to sidewalk projects todrainage'pr.ojects-and inclu.ded severaJ other projects. 1.t was noted by C.launch. & Millet'~ Inc.. that of aU Ule-projects- submitted,. there were 00. water line improvements pr~iects. Telephone Interview with Southenl Customs~ ,Inc. - Claunch. & MiUer, Inc; conducted- sever.al telephone interviews with Mr. David Brinkley of Southern Customs, Inc. From. these. intcr.vie.ws- it was..found-that- it. is-Southern' Customs- mtent' to. subcontract the water line work to a subcontractor firm named Robcrtson Constructors, Inc. eMI requested rcferen.ces' for Robertson- aod-rec-eived them. After contacting Robertson's refer.ences it was found that the refer.enees were basically ha.ppy with their work but the projects were rdatively sman and were performed for private entiti.es such as pctrochemical plants. According to Mr. Brinkley, Robertson's work is .nonnally in the $35,000 range but they have done projects as high as $80,000. (The water porti.on for thi.s project would be $11 O~OOO as per bid.) Mr. .Brinkley informed eM] that Southern Customs would perfonn the paving portion of the work and.Robenson.wouldper.foIm.thewatcr.po.rt-ion of the' work. By' reviewing the bids eMl detennilJed that. the paving -ponion- (Southern' Customs~ me: portion) of the work represented 41.4% of the bid and the water portion (Robertson's po,rtion). represented 58.6%. of the- bid. Therefore Southern- Customs was indicating an inten.t to subcontract more than 50% of the project. The bid requirements for this project, Section 4.04 of the General Conditions, states that the successful bidder js proh.ibitcd. from-suocontracting'ollt more than 50010 of the work. Ther.efore~ Southern Customs was not meeting the bid r.equirements. CMI info.nned Mr. Brinkley of this ,provi.sion in the bid documents. Mr. Brinkley suggested. several scenarios- by which' he 'felt he' could be found compliant. eMI responded by stating that we would be glad to r.eview his proposal and we asked that he send us. his intended'subcontracturahelationsb.lp with Robertson in writing. Mr. Brinkley 68/65/2662 17:48 --. ~- -.....-----..--.--. . . , t :":~~~~:~":~~-..':'~" ';~.:' '. :.. ..... .,1' _. ':~.."':'-"7'-;: 7136229265 e CLAUNCH&MILLER,INC e PAGE 64 called later in the day and said that. if the City. did not want ..him pcrh8:ps it was best if be. d.idn't do the work. CMI has yct to receive the suhcontractural relationship in writing. It is our understanding from conversations with Mr. Brinkley and the references that S_outhem Customs is basicaIl)l a pav.ing contractor. that. uses' Robertson' for- water- improvements on their projects, and Southern Customs is O.ot a watcr line contractor. Based on the issues an.d our conversation with. the City it became apparent for the need to review the. Qual.ificatiOll of the Secondl.ow Bidder, RL. Utilities, Inc. Review of R.t. Utilities. In.c. The second low bidder was RL Uti Iities,_ Inc. . We rev.iewed . tbeir . statement. of. qualifications, we called references and we conducted a telephone interview with Russell D. Lundemo, President.ofR. L. Utilities; Inc; References.. - Various references- were contacted and asked to respond .to a- series 'of. question.s. Generally, the references were impressed with the work of R.L. Utilities and would ,use.the.m- agam in- the. future. It was. found that. almost. aU of the references are currelltly using thcm for water projects. All references were satisfied with the quality of work. Statement of Quali.fications - R.L. Utilities, -.lnc.prO-vided a .list. of 9-projects; aU waterline- projects of com,parable size to the project. TelCJ'hone Interview - A telephone interview was conducted with Russell D. Lundemo, President. of R.. L. Utilities. It was- determined from' this inte:r.view that RL Utilities would perfonn all water work. on the project and they would subcontract all pavin.g work to T and r Construction: Therefore, based on R.L Utilities. bid, the wateT portion of the work" .is 50.8% and the paving portion is 49.2%, which meets the provi.siOl1 of the General Conditions. Section ~~ . Based on the information obtained during the review process, Claunch & Miller, Inc. recommends. award to R..L. Utilities-io. the amount of $21-8,749:00. Sincerely, ct~~fcmF'~ ct=D. RUd~~_ Senior Project Manager BID DATE' 07-28-03 Page of -- - $111,&26.10 $6,200.00 $187,126.10 sizes - - 'Iedri' !l!!... terUn elation of HCFCD 212-o~ to HCFCO standards SUBTOTAL AMOUNT BASE BID "EMS: ,I joints ) water line in open art, all depths ) water line in open all. all depths IL AMOUNT SUPPLEMENTAL "EMS: SUBTOTAL BASE BID ITEMS: SUBTOTAL SUPPLEMENTAL ITEMS: TOTAL BID: EA. EA. L.F. IT EA, C.Y. IT IT LF. IT EA. EA. EA: EA: IT EA. EA. EA. EA: EA. EA. EA: EA. R LF. S.F. IT IT LS. 1 1 sO 50 ,. 50 50 Do $420.00 $10.00 $14.00 $16.00 $2,500.00 $12.00 'i'ii.iiii $2.00 $420.00 $10.00 $700.00 $100.00 $2.500.00 $100.00 $900.00 $200.00 'i6,2oG.Oo $375.00 $5SO.00 $15.00 $16.00 $2.000.00 S12:'5O 525.00 $15.00 $210,199.00 $7,ISG.00 0211,749.00 S260.00 $6SG.OO S2s]ij $35.00 $1.500.00 --""i'iG.Dii $41.00 $11,00 1220,417.00 $1,060.00 '229,477.00 $2,200.00 S1.64i.OO $6,800.00 $1,000.00 $480.00 $100.00 $1,080.00 51,000.00 $3,000.00 $18,000.00 58.100.00 $400.00 $600:00 i31.5iiii.OO ----sm:oo S35.5iiQ.OO "'i9,OOQ.'OO 520,000.00 S6OO:iiO s'i2i;ii7:ii $222,395.00 112,900.00 1235,295.00 $400.00 $100.00 521.00 $23.00 5iJiiQ.iiii $9.00 i22.iiO 55.00 .!!l 1241.261.00 $7.150.00 5241,411.00 $321,515.00 $1,450.00 5330.035.00 $500.00 $1,000.00 $1,300.00 $2,150.00 'S'i';5oO:Oo $400.00 'ii':1'OO:iiO $SOO.OO 18,450.00 LOW BIODER CITY OF LA PORTE, TEXAS CARLOW LANE AND EAST E STREET WATER LINE REPLACEMENT PROJECT CMI JOB NO. 03-018 e . DUE TO THE VOLUME OF THE INDUSTRIAL DISTRICT AGREEMENT IT IS NOT INCLUDED IN YOUR PACKET. IT IS THE STANDARD AGREEMENT WE USE AND SHOULD YOU WISH TO REVIEW IT, SEE THE CITY SECRETARY. . . / . . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AU'U<i:r~: Requested By: S. Gillett ~ Department: Public Works Appropriation Source of Funds: Utility elF Fund 3 Account Number: 003-9890-881-1100 Report: Resolution: Ordinance: XX Amount Budgeted: $2R2,269 Exhibits: Ordinance Amount Requested: $229,686 Exhibits: Eneineer's Recommendation Budgeted Item: YES Exhibits: Rid Tflhulation The FY 2002-2003 Utility ClP Fund includes two (2) waterline replacement projects that were designed and bid as one project - Carlow Lane Waterline Replacement Project and East E Street at Deer Creek Waterline Replacement Project. The Project, designed by Claunch & Miller, Inc., received bids on July 28, 2003, with seven (7) bids received. Low bid was submitted by Southern Customs, Inc. in the amount of $187,826.80. Second low bid is from R.L. Utilities, Inc. in the amount of $218,749.00. Completion date is 90 days after receipt of notice to proceed. A total of $282,269.00 was budgeted for construction of this Project. As illustrated by the attached bid tabulation, the bids ranged from a high of $330,035 to the low bid. Southern Customs, low bidder, proposed to subcontract the waterline portion of the Project, which represents 58.6% of the bid. Section 4.01 of the General Conditions of the Contract Documents state "Under no conditions shall the Contractor sublet more than 50% of the work under this Contract". The waterline replacement is the primary reason for the Project. The sidewalks and driveways must be removed and replaced to install the waterline. It is critical that an experienced waterline contractor install public water systems, to protect the public health. Southern Customs submitted a list of projects completed, with good references, but has no documented experience in potable water system installation. The proposed subcontractor submitted references that were positive, but were not of comparable size or for public water sY:items. Second low bidder, R.L. Utilities, provided a list of nine waterline projects of comparable size, with good references, and is recommended by the Engineer for the bid award. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a contract with R. L. Utilities, Inc. in the amount of $218,749.00 for the construction of the Project. Additionally, authorize $10,937.00 for contingency. ?./5-d3 Dnte