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File #: 23-1203    Version: 1
Type: Agenda Item Status: Adopted
File created: 12/8/2023 In control: Procurement Committee
On agenda: 1/4/2024 Final action: 1/4/2024
Title: Issue purchase orders and enter into an agreement with Baxter & Woodman/Boller Construction, LLC, for Contract 20-RFP-28R Biogas Combined Heat and Power System, EWRP, in an amount not to exceed $14,591,109.00, plus a five percent allowance for change orders allotted to the installation and construction task only in an amount of $529,790.00, for a total amount not to exceed $15,120,899.00, Accounts 101-50000-612490, 201-50000-612450 and 645650, Requisitions 1549345, 1577629 and1577630 (Deferred from the December 21, 2023 Board Meeting)
Attachments: 1. Contract 20-RFP-28R Affirmative Action and Appendix A Reports - Baxter & Woodman-Boller Construction, LLC

TRANSMITTAL LETTER FOR BOARD MEETING OF JANUARY 4, 2024

 

COMMITTEE ON PROCUREMENT

 

Mr. Brian A. Perkovich, Executive Director

 

Title

Issue purchase orders and enter into an agreement with Baxter & Woodman/Boller Construction, LLC, for Contract 20-RFP-28R Biogas Combined Heat and Power System, EWRP, in an amount not to exceed $14,591,109.00, plus a five percent allowance for change orders allotted to the installation and construction task only in an amount of $529,790.00, for a total amount not to exceed $15,120,899.00, Accounts 101-50000-612490, 201-50000-612450 and 645650, Requisitions 1549345, 1577629 and1577630 (Deferred from the December 21, 2023 Board Meeting)

Body                    

 

Dear Sir:

 

Authorization is requested to issue three purchase orders and enter into an agreement with Baxter & Woodman/Boller Construction, LLC (Baxter) for design and engineering, construction and installation, and maintenance services for Contract 20-RFP-28R Biogas Combined Heat and Power System, EWRP.

 

On March 16, 2023, the Board of Commissioners authorized the advertisement of Contract  20-RFP-28R at an estimated cost of $10,344,000.00. On May 17, 2023, the Contract 20-RFP-28R was publicly advertised, and three proposals were received on July 21, 2023. 

 

The proposals were reviewed and evaluated by a panel consisting of two members from the Engineering Department, two members from the Maintenance and Operations Department, and one member from the Procurement and Materials Management Department. The criteria for these evaluations were outlined in the Contract 20-RFP-28R and included: understanding of the project; approach to the technical proposal and schedule, financial considerations, and environmental and social impacts; technical competence; team experience; cost of services; and compliance with Affirmative Action requirements. Following the preliminary evaluation of proposals, all three proposers were interviewed on September 12, 2023. 

 

A solicitation was sent to each proposer on September 26, 2023, for an unqualified Best and Final Offer. The Best and Final Offers were received and returned to the Director of Procurement and Materials Management on October 6, 2023.

 

Based on the review of the proposals, the interviews, and the Best and Final Offers, the evaluation team determined that Baxter & Woodman/Boller Construction, LLC is the most suitable firm to provide services for this contract.

 

The purpose of this contract is to provide a fully operational combined heat and power (CHP) system that will beneficially utilize 100 percent of the biogas to produce electricity and recover heat from the CHP engines to offset EWRP operating energy costs.

 

As part of the scope of work, the following main tasks shall be provided: a 100 percent final engineering design for the complete CHP and biogas pre-treatment system, along with permitting assistance; procurement and installation of all required equipment; field construction services; assistance with financing and grant opportunities; operational performance testing after final completion; and a five-year maintenance service agreement on the CHP system.

 

Baxter & Woodman/Boller Construction, LLC is registered to transact business and is in good standing with the State of Illinois.

 

The agreement requires that all design and construction work shall be completed within 700 days. 

 

Baxter & Woodman/Boller Construction, LLC will execute the Multi-Project Labor Agreement that will be part of the executed contract agreement. It is anticipated that the following trades will be utilized on the agreement: bricklayers, carpenters, electricians, laborers, machinists, operators, painters, pipefitters, and plumbers. The utilization of any construction trades is not intended to confer any rights or jurisdiction upon any union or unions. 

 

Appendix A and Appendix V will be included and applied to the design and engineering services portion of the contract. The Affirmative Action goals for the design and engineering services are 20 percent Minority-owned Business Enterprises (MBE), 10 percent Women-owned Business Enterprises (WBE), and 3 percent Veteran-owned Business Enterprises (VBE) goals. The firm KaleTech LLC is an MBE. The firm Primera Engineers is a WBE. The firm Orion Engineers is a VBE. These subconsultant firms will actively participate in providing services for the design and engineering services required by the agreement.

 

The construction agreement will require approximately 46 jobs for the services.

 

The Affirmative Action Ordinance, Revised Appendix D, and Appendix V will be included and applied to the construction services portion of the contract. The Affirmative Action goals for the construction services are 20 percent MBE, 9 percent WBE, and 3 percent VBE. The firm Dekayo Corporation, doing business as Ortiz Contracting Group, is an MBE. The firm Batir Architecture, doing business as Optimal Construction Services, is a WBE. The firm R.J. O’Neil, Inc. is a WBE. The firm Manusos General Contracting, Inc. is a WBE. The firm Wrangler Tech, LLC is a WBE. The firm John Keno and Company, Inc. is a VBE.

 

The Diversity Section has reviewed the utilization plan and has concluded that the MBE, WBE, and VBE firms are in accordance with the District’s Affirmative Action Policy.

 

The agreement shall be subject to the approval of the Law Department as to form and legality.

 

Inasmuch as the firm Baxter & Woodman/Boller Construction, LLC possesses a high degree of professional skill, it is recommended that the Director of Procurement and Materials Management be authorized to issue purchase orders and enter into an agreement per Section 11.4 of the Purchasing Act, in an amount not to exceed $15,120,899.00.

 

Funds for the 2024 expenditure for design and engineering services, in the amount of $1,710,816.00, are available in Account 201-50000-612450. Funds for the 2024 expenditure for construction and installation services including a five percent allowance for change orders, in the amount of $6,887,270.00, are available in Account 201-50000-645650. Funds are being requested for the 2025 expenditure for construction and installation services, in the amount of $4,238,320.00, and are contingent on the Board of Commissioners’ approval of the District’s budget for that year.

 

Funds are being requested for the expenditures for 2026, 2027, 2028, 2029, and 2030 maintenance services from Account 101-50000-612490, in the amounts of $528,588.00, $427,947.00, $427,523.00, $442,370.00, and $458,065.00, respectively, and are contingent on the Board of Commissioners’ approval of the District’s budget for those years.

 

Requested, Catherine A. O’Connor, Director of Engineering, KMF:LS

Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management

Respectfully Submitted, Marcelino Garcia, Chairman Committee on Procurement

Disposition of this agenda item will be documented in the Official Regular Board Meeting Minutes of the Board of Commissioners for January 4, 2024

 

Attachment