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06-23-71SpMtg 0-gNE 23, 1971. A Special Meeting of the City council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Wednesday, June 23, 1971, with Mayor J. L. Saunders in the Chair, City Manager j. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Y0ungblood being present. The Lord's Prayer w&s repeated in unison. The Pledge of Allegiance to the Flag of the United States of America was given. Mayor Saunders called the meeting to order and announced that same had been called for the purpose of considering awarding a contract for installation of water and sewerage facilities to service the Western Section of the City and for any other business that may come before the meeting. The City Manager Submitted to Council .the following bids, which were received and opened on Monday, June 21st, for installation of water and sewer facilities for High Point and Bati-Fleming Developments and nearby areas at a future date. PART I PART II ALTERNATE BIDDER BASE BID BID BASE BID TOTAL Widell Associates, Inc. $199,881.00 $131,389.30 $23,673.00 $223,554.00 Paul N. Howard Company $199,415.25 $148,558.45 $27,492.40 $226,907.65 Belvedere Construction .. Company. $220,592.66 $152,806.74 $27,210.95 $247,803161 Mar iposa, Inc. $224,584.07 $167,850.83 $23,620~72 $248,204.79 Gateway Construction Company, Inc. $228,555.25 $164,187.00 $31,424.00 $259,979.25 Onontar io Corporation $233,318.. 95 $164,40-1.05 $30,.443.60 $263,759.55 O'Keefe Asphalt Pavements, Inc. $233,783.20 $175,462.70 $34,083.40 $267,866.60 Intercounty Construction Company $24'5,872.00 $164,16.5.55 $29,435.. 00 $175,307.00 Alsay Drilling, Inc. $248,129.20 $177,020.95 $31,759.40 $279,888.60 Dargel Construction Company, Inc. $254,942.00 $186,600.50 $29,790.00 $284,732.00 Inman, Inc. $285,322.40 $220,412.00 $43,659.60 $328,982.00 Tech Corporation & Associates .$287,243.80 $220,743.00 $44,570.00 $331,813.80 Petersen Construction Company $311,241.90 $247,887.90 $54;172.60 $365,414.50 (Copy of detailed tabulation of Bids by Russell & Axon is attached to the official copy of these minutes.) See pages 102-C-F. He then read a letter from Russell & Axon, consulting Engineers, dat~t June 23, 1971, %£nich accompanied the bid tabulation, containing their recoramendation.' (Copy of RusSell & Axon's letter is attached to the Of- fic. ial copy of these minutes.) See pages 102-A-B. During his report, the City Manager pointed out that the City has three prLme considerations: the amount of money involved in awarding the contract, suffic~. of fun~ing, not using CJ. ty funds, which was intended -i- Sp. 6-23-7]. to be provided in the agreements between the City and Bati-Fleming and High Point; and the time element. He further reported that a representative of Widet-1 Associates, Inc., presented him with a letter today changing the completion time from 90 days to 50 days for the two force mains and from 140 days to 120 days for completion of the entire project compared to the Paul N. Howard Company's agreed upon tim,.of 45 days for the two force mains and 90 days for the' completion of the entire project. He recommended that the contract be awarded to Paul N. Howard Company, the second low bidder, for two reasons, one being that service could be provided for these developers in a shorter time period as far as the force mains and completion of the project are concerned, and secondly, there would be a savings to the City in the amount of $13,815.50, thus making' the Howard Company the low bidder as far as City .funds are concerned. Following a question by Mayor Saunders as to how this would save the. City money, the City Manager referred to Part I on the Bid Tabula- tion under the BASE BID TOTAL and ALTERNATE BID TOTAL and explained that the bids had been requested in this manner to determine what the cost to the City would be to provide larger size force mains and water mains than required for Bati-Fleming for a.distance along Lake Ida Road in order to provide service to other areas. Further, that if the bid of Paul N. Howard Company, the second low bid, is accepted, it will not only save the City money, but will cost Bati-Fleming more money than if the low bid of Widell Associates, Inc., is accepted. The City Manager explained further: "My recommendation that a contract be awarded to the Paul N. Howard Company is based on a few contingencies which certainly could be met easily enough, I'm sure. First of all, with respect to the Bati-Fleming Company, under this proposal and by acceptance of this bid, it would be necessary for Bati-Fleming, under the terms of the City-Bati-Flemi~ng Agreement, to advance to the City $157,471.96, as provided for in the contract and that should be done, or we should be secured of that prior to the exe- cution of the contract and I'm assured by Mr. Roger Zona, the developer, th'at there's no problem in that regard. We're talking, about amounts of money only. With respect to High Point, under the terms of the City-High Point Agreement, by taking into consideration the initial amount that High Point has committed it.self to pay to the City, $210,025., less two items, one being the cost of 'the master lift station in the development which they are installing themselves, and secondly, a deduction for beefing-up water and sewer services within their development to serve other areas. Making those two deductions from the $210,025., would reduce the amount High Point would need to advance under the terms of the contract to $1'47,161. It will not be necessary for High Point to advance that amount of money and it would be my recom~endati°n that they not be required to do so because it is not. needed in order to pay the contractor and any additional engineering and contingency expenses that might be involved to get this proj~gt completed. If they advance $97,161., that would leave $50,000. th~.re that the City could call on High Point for and I would reduce the $147,161., to $97,161., only upon the City and High Point enter~ g into an' agreement that this money would be made available in~mediate!y to the City should any portion of it be needed to complete ~his project that we are now awarding a con- tract 'for and/or for the installation of a water'main, an additional water main, to serve High Point at some future date." The Vice-?resident of Wi~ell Associates, Inc., stated that he felt their company is beihg unfairly treated because of the Alternate Bid and protested the City Manager's recommendation. Mr. Stanley Tate, President of High Point Builders, Inc., concur- red with the City Manager's reccmmendation and said he hoped that the Council would take affirmative action on same. F._~. Roge~ Zona of Bari-Fleming, and Attorney Michael Listick, --2- S~ 6-~.,~-/1 representing that Company, recon~men,~ed that the City take the low bid of Widell Associates, Inc., as they felt' it would be unfair to Bati- Fleming if the Contract is awarded to the Paul N? Howard Company. It was questioned as to whether or not a bid could be awarded for services to High Poin.t alone if Bat'i-Fleming chose to not advance the money for services to their development, and it was determined that such a contract cq.~ be awarded. It was pointe~'~ut that ~o receive' 'thirteen bids on a job of th~s size is quite unusual and that the bids were much less than the original estimates. Following lengthy general discussion, City Manager Mariott said that wha~ he thought would be best for everybody concerned, including Bati-Fleming, would be to award the entire project at this time, if everybody would go along with it, and if they did not, then something else would have to be done to get set. vice to High ~Point. He suggested making the award, a§ Council is so disposed, for the total project and then perhaps by a second motion, authorize the execution cf a contract for the High Point portion of the job only, provided Bati-Fleming does not post their money Qithin a certain period of time, possibly tomor- row which will give them time to consider it and if they decide to go along with it, they post the money and the .City will go ahead with the whole project that would be best for the City, and if they don't go along with it, then you have already .authorized the contract for the High Point line and would not have to come back for Council action on the High Point line. Mr. Weekes moved that this matter be taken care of as suggested by the City Manager, with the contract being awarded to the Howard Company, further that if Bati-Fleming does not post their money with the City by 5:00 P.M., June 24, 1971, .that that part of the work as related to Bati-Fleming not be awarded and the City proceed to do the part of the work as relates to High Point. The motion was seconded by Mr. Scheifley. Mr. Zona said that he would like to go on record that he is will- ing to complete the contract but would like to also go on record pro- testing the $17,000., difference and would negotiate with the City at ' a later date. Following fur'ther discussion, Mr. Weekes amended his 'motion in that the monies or other securities from Bati-Fleming, to the satis- faction of the City Attorney, be posted by 5:00 P.M., Friday, June 25, 1971. Mr. Scheifley accepted that change to the motion, and upon call of roll the motion carried unanimously. The meeting adjourned at 8:15 P.M. HALLIE E. YATES · City Clerk AP PROVED: .... '~[T M A YO.R -3- Sp 6 ~ ~ RUSSELL & AXON June 23, 1971 Honorable Mayor and City Gouncit City of Delray Beach City Hall 'Delray Beach, Florida 33444 Attention: Mr. J. Eldon Mariott, City Manager .Subject: Water Main & Sewage Forde Main Project No. 6469-3e-8e Gentlemen: ., We have reviewed the bids received on lune 21, 1971 for the referred project. A tabulation of the bids, as corrected, is enclosed. Please note that there was an error in the computation of the low bid received from Widell Associates, Inc. The error was in multiplication, and be- cause this contract is to be a unit price contract, their bid for Part II, Force Main 84, is raised in the amount of $7,920.00 to $22,944.00. This also increases their total bid for Parts I and II to $223,554.00. There were several irregularities and errors in the bids, but they are of no significance in that they do not affect the low bids. Thirteen bids were received for the construction of this project, with the two low bidders, Widell Associate. s, 'Inc. and Paul N. Howard Co., being only $3,353.65 apart in their total bid. Both of the low bidders ' have done work for this firm in the past, and we believe them to be com- petent and capable of completing the subject project. It has been the policy of our firm to recommend the award .of 'the contract to the lowest responsible bidder, and as such, we would recommend the award to Widell AssociateS,-Inc.', accepting their base bid for Part I, and the corrected bid'for Part II, in the total amount of $223,554'.00. '~. Widell Associa'fes, Inc. time for completion of the 'project is 200 days, which was tenth longest of the thirteen bidders. In view of the City's existing Contracts and/or working agreements with the developers o.f High Point of Delray and Chatelaine, and their urgent need for completion of these facilities, we have negotiated with the two low bidders in an effort to reduce· the time element for this construction. OFFICES IN FLORIDA ANITa,MISSOURI 102-B The writer has contacted both of *'~ review the time element in their bl. ,~ shortest time that they would acce' 'Jain 80 and Force Main 84, as well as ' :.~ following is the new time element Total V¢idell Associates, Inc. $223,5[ Paul N. Howard Co. $226,9[. If the Council wishes to award thi~ the past, by accepting the bid whi,' ultimate cost to the C/~t .. Would save the Cit ~y~~~. This saving results from a provisic with Bari-Fleming Development Corpora'. bid proposals by the two contracto:~ agreed to return the construction c~ ~.~'t thereof, and has agreed to accept, after receipt thereof, rather than t? these facts the Council may wish t Howard Co. As soon as official CounCil action. contract, we will prepare the nece execution, and will furnish notific to all bidders. BCS:jp Enc. 102-C 102-D 102-E i02-F