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R99-098 11-08-99RESOLUTION NO. R99-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B99-001 FOR EXPANSION OF THE BARRY ROSE WASTEWATER TREATMENT PLANT AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR SAID EXPANSION. BE IT 1999, LEM Construction Company, Inc. for expansion of the Treatment Plant in the amount of $577,800.00. RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for Bid No. B99-001 on November3, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards Bid No. B99-001 to Barry Rose Wastewater Section 3. The City Manager or his designee is hereby authorized to execute a construction contract for expansion of the Barry Rose Wastewater Treatment Plant. and ADOPTED this the 8th day of APPROVED ~, A.D., 1999. PASSED, NOvember TOM REID MAYOR · A,-I'TEST: f/) ~ PPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Memo From: Date: Re: Mayor and City Council Glen Erwin, City Manager November 4, 1999 Council Award of Barry Rose Wastewater Treatment Plant Expansion (2.25 mgd to 3.10 mgd) BID B99-001 Summary: The City opened bids for the above project on November 3, 1999. At that time the apparem low bidder was Peltier Brothers Construction, Inc., in the amount of $475,400. However, on November 4, 1999 Peltier Brothers notified the City's consultant that an error in the formulas they used to calculate their bid was discovered. In the attached letter Peltier Brothers has requested that their bid be voided and nullified. Since that time the City's consultant (Klotz Associates, Inc.) has reviewed and tabulated the bids and checked references on the second low bidder. The engineer recommends awarding the contract to the second low bidder, LEM Construction Company, Inc., in the amount of $577,800. A copy of the engineer's recommendation letter is attached for reference. The funding for these services is available in account number 064-9603-565.03-00. This project is one of the Texas Water Development Board (TWDB) State Revolving Fund (SRF) Tier III projects; therefore the final bid award is contingent on the TWDB's approval. Recommendation: Staff recommends that the City reject the low bid by Peltier Brothers and accept the second low bid and award the contract to LEM Construction Company, Inc., in the amount of $577,800. Staff also recommends that the City cash the 5% bid bond from Peltier Brothers. 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 · www. ci.pearland.tx.us 28:1-589-?-309 KLOTZ ASSOCIATES KLOTZ ASSOCIATES, INC CONSULTINO ENGiNEErS Novemb~ 4, 1999 446 P02 NOt) 1160 Doily Suite 500 Hou~lon, Tex~s 77079 err, oil~JJldotr..cc, rr Mx..Tohn Hargrove, P.E. City ~ngineet City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Barry Rose Wastewater Treatment Plant l~xpansion (2.25 mgd to 3.10 mgd) BID B99~001, Klo~z Asso~iat~ Project No. 21g03 Dear Mr. Hargrov¢: Four bids were received on November 3, 1999 for the referenced project and publicly opened and read at Pearlanfl City Hall. Th~ p~oject includes expansion of the Barry Rose WWTP and additional off-site work at City of Pearlaud water plants and wast~vater lift stations that is included as alternates in the Bid Proposal. Contract award is based on lump sum bids tbr expansion of the Barry Rose WWTP. Bids for alternate work items quoted on the Bid Proposal will be reviewed and accepted or rejected at the Owner's option, Expansion of the Barry. Rose WW:fP will be funded by the Texas Water Development Board under SKF Loa, No. 3393-02-01, Alternates will be funded separately by the City of Pearland. Ltanp ~ma bids for expansion of thc Barry Rose WWTP are sutmmarized below with additional detail provided in the attached bid tabulation. Peltier Bwtbe~g Construction, Inc. LEM Construction Company, Inc. ~alco, Inc. Construction Company~ Inc. $475,400.00(Reques~dWithdrawal of Bid) $577,800.00 $690,200.00 $710,000.00 The Engineer'~ estimate for expansion of the Barry Rose WWTP was $626,000 plus a 15 pement contingency of $90,000 for a total of $716,000. All bids received included the required $ percent bid guarantee and no exceptions to me bids were stated. On November 4, 1999 Mr. John Peltier of Peltier Brothers Construction, Inc. notified Klotz A~sooiates that an error in the formula~ u~ed to calculate thei~ bid wa~ discovered. In their letter dated November 4~, Peltier Brothers requested that their bid be voided and nullified. A copy of that letter is enclosed. If the City accepts Peltier Brothers' request, LEM Construction Company, Inc. is the lowest responsive, respomible Bidder. Klotz Associates KLOTZ ASSOCIATES, INC. KLOTZ ASSOCIATES 4d6 P~ NOU ~d Mr. John Hargrow, P.E. November 4, 1999 Page 2 reeommend~ that the contract be awarded to LEM Construction Company, Inc. Enclosed is a copy of the LEM Construction Company, Inc. Bid Proposal. The City of Pearland retained possession of the ofigiv, al Bid Bond a£tcr the November ya bid opening. Please call me if you have any questions or comments. Sincerely, Alfl:ed J. Mit~l, P.E. Proj~t M~mager AYlVl:ng Enclosure cc: Mr. Gene A. Simeon, Project Assistant, City of Pearland hiugiuv*.l 104O0b. ajm 281-58g-?~sg KLOTZ ASSOCIATES INC 446 P84 NOU 84 ~gg 14:55 $ 8 8 8 ~ 281-589-7B09 KLOTZ ASSOCIATES INC 446 POS NOt) 04 '99 14:55 November 4, 1999 Klo~ Associates, In,;, 1160 Dairy Ashford, Suite 500 Houston, Teras 77079 Attn. Fred Mitll Re: Ba~'x.y Rw~ WWTP City of Peadand Geatl~msn, As per ou~ eonvesation, we have discovered an error in the formulas which calculate the totals on our recap spreadsheet of our bid on the above referenced project. We therefore request that our bid be voided and nullified, If you have any questions please feel fi~e to call. Yours Truly; John E. Peltier CEO 281-5~9-V~09 KLOTZ A~SOCIATES INC ~46 PO6 NOU 0~ ~99 1~56 SECTION 00300 I~ID PROPOSAL Data Bid of f~'.~ Const;~uct;io~ Ce., Inc. , an individual propdetorahipla corporation organized and existing under the [aws~ of the State of Texas/a partnership coneisting of ,,. , for the construction of:. BARRY ROSE WASTEWATER TREATMENT PLANT EXPANSION (2.25 MGDTO 3.1 MGD) B~$001 (Submit in Duplicate) re: The Honorable Mayor and City of Oouncll of Pearland City of Peariand 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bid, the undersigned bidder hereby propo.~e.~ to do ~11 the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever el~e may be necessary to campier= all the w~rk included under the (:3eneral Contra=t for the construction of the Ban7 Rose Wast=water Treatment Plant Expansion as shown on the plans with all related appurtenances, complete, tasted and operational, In accordance with the plans, and spec'iff=arians prepared by the Engineer, KIoIz Associates, In=., HouSton, Texas, under the City of Pearlsnd's inspeCJon for the unit prices set forth on the attached bid shee/~ whioh pears mir signature for identification. It is understood that, in tt~e event any changes are ordered made in any part of the worK, the unit prices bid shall apply as additions to or deductions from the total prico~ for the parts of the work so =hanged. The bidder binds himself upon '~uptan(~ or his proposal to execute a ~ontrsct and furnish performance bond and payment bond each in the amount of one hundred percent (100%) of the total contract price, according to the specified forms, for performing and oompleting the said work within the time stated, and furnishing a satisfactory maintenance bond indemnifying the Owner against defective workmanship and matedal for a period of one (1) year. The undersigned bidder agrees to commence work within ten (10) days after the date of a written notice to oommenoe work. It is undemtood and agreed that the Contractor shall complete the work within 210 calendar days. Time for completion shall begin on the date established by the notice to commence work. So,ion 00300 Page lof4 Addendum No, 1 281-58g-73~9 KLOTZ ASSOCIATES INC 446 P~? NOU 04 '99 14:56 It is agreed that the contract price may be increased or decreased to cover work added or deJetsd by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that in the event the successful bidd=I fails to enter into the Contract w~ln ten (10) days and to furnish a Performance Bond and Payment Bond in the amount of 100 percent of the Contract/or ali parts of the worK, the successtul btdcler will forfeit the Bid Security as provided in the Specifications submitted with his bid proposal. The undersigned proposes, if awarded the Contract, to begin work pn3mptly after wriffen notice to commence work is given by the Engineer, end to substantially complete the work in accordance with the completion schedule stipulated in the Special Conditions and the number of calendar days specified in this bid proposal The following Addenda have been received. The modifications to the Bid documents noted therein have been considered and all costs thereto are included in the Bid price. Addendum No. Addendum No. Addendum No, Dated Dated Dated Addendum No. Dated AddendL~ No.~._..___ Dated , Addenda'n No.~ Dated This bid proposal shall be considered part of the Cor~ract. We the undersigned hereby offer to enter into a contract for the construction of the Barry Rose wastewater Treatment Plant Expansion, as specified here-in for the following prices: Item Quantity Unit Item Description and Unit NO. Total Written Unit Price Price Amount 1 4OO 2 1 3 1 LF Trench Safety for -f ~--~ Dollars and , cents per LS Allowance for Modifications to the Prop.0sed Aeration Basin Baffle for Ten Thousand Dollars and Cents per Lump Sum L$ Barry Rose Wastewater Tre~atment Plant Expanaion for and cents per Section 00300 Addendum No. 1 Page2 of 4 281-S89-9109 KLOTZ ASSOCIATES INC 446 P8@ NOU ~4 '99 i4~57 Total base bid lump sum pric~ for Items I Ihrough 3 of (Print or type in words anti figures, Biacler's Total Bid Price ): (w~en) ALTERNATES - Include the following alternates as described in Section 01230: Alternate I ~ Add For:. AJi~e Street Water Plant Improvements, Complete, Operational, and in Pla~e Add ....... (written) e~ Dollars ($ / ~'~x~ ). (figures) Alternate 2 - Add For: Liberty Street Water Plant Improvements, Complete, Operational, and in Place Dollars($ /(,,e~o '- }. (figures) Alternate 3 - Add For: Walnut Street Lift Station Improvements, Complete, Operational, and in Place (written) (figures) AJternate 4 - Add For: Twin Creek Woods Lift Station Improvements, Complete, Operational, and in Place ............ Z~.,,==.~z~ .,~'~..,,"~',.-'/~ . (written) Dollars ($ (~gures) Section 00300 Addendum No. 1 Page 3 of 4 2@1-589-7309 ~LOTZ ABSOCIATE9 INC 446 P09 NOU 04 'gg 14:~7 YeW truly yours, BY: -Her~a~ Myezs--~A~e P~esi(lent ADDRESS: LEt4Conscr~c~ion Co., 10612 EockleyP~:~ad Houston~ Texas 77099 Seal, if bidder is Corporation END OF SECTION Section 00300 Addendum No, I Page 4 of 4