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File #: 24-0730    Version: 1
Type: Agenda Item Status: Adopted
File created: 8/19/2024 In control: Procurement Committee
On agenda: 9/5/2024 Final action: 9/5/2024
Title: Authority to award Contract 23-098-3P, Overburden Removal at Location of Battery E, OWRP, to Berger Excavating Contractors, Inc. (Berger), in an amount not to exceed $7,384,250.00, plus a five (5) percent allowance for change orders in an amount of $369,212.50, for a total amount not to exceed $7,753,462.50, Account 401-50000-645650, Requisition 1614472
Attachments: 1. Contract 23-098-3P Affirmative Action Goals Report and Revised Appendix D and Appendix V Reports - Berger Contractors, Inc..pdf

TRANSMITTAL LETTER FOR BOARD MEETING OF SEPTEMBER 5, 2024

 

COMMITTEE ON PROCUREMENT

 

Mr. Brian A. Perkovich, Executive Director

 

Title

Authority to award Contract 23-098-3P, Overburden Removal at Location of Battery E, OWRP, to Berger Excavating Contractors, Inc. (Berger), in an amount not to exceed $7,384,250.00, plus a five (5) percent allowance for change orders in an amount of $369,212.50, for a total amount not to exceed $7,753,462.50, Account 401-50000-645650, Requisition 1614472

Body

 

Dear Sir:

 

On March 7, 2024, the Board of Commissioners authorized the Director of Procurement and Materials Management to advertise for bids Contract 23-098-3P, Overburden Removal at Location of Battery E, OWRP.

 

In response to a public advertisement of April 10, 2024, a bid opening was held on May 14, 2024. The bid tabulation for this contract is:

 

BERGER EXCAVATING CONTRACTORS INC                     $7,384,250.00

K.L.F. ENTERPRISES, INC.                     $7,999,460.00

IHC CONSTRUCTION COMPANIES, LLC                     $9,150,000.00

FOUNDATION MECHANICS, LLC                     $10,621,000.00

JUDLAU CONTRACTING, INC.                     $11,582,008.22

LINDAHL BROTHERS,  INC.                     $12,142,875.00

 

Berger Excavating Contractors, Inc. (Berger), the lowest responsible bidder, is proposing to perform the contract in accordance with the specifications. The estimated cost range for this contract is $8,326,750.00 to $10,079,750.00, placing their bid of $7,384,250.00 approximately 11.3 percent below the cost range estimate of the contract.

 

Berger has executed the Multi-Project Labor Agreement (MPLA) Certificate as required. It is anticipated that the following trades will be utilized on this contract: laborer, operator engineer, skilled worker, and truck driver. The list of construction trades is not intended to confer any rights or jurisdiction upon any union or unions.

 

The Minority Business Enterprise (MBE), Women Business Enterprise (WBE), and Veteran-Owned Business Enterprise (VBE) utilization goals for this contract are 20 percent MBE, 10 percent WBE, and 3 percent VBE.

 

Berger is in compliance with the Affirmative Action Ordinance Revised Appendix D and Appendix V as indicated on the attached report. The bidder has committed to the following utilization goals for this contract: 20 percent MBE and 10 percent WBE. Bidder provided 3 percent for VBE participation.

 

The contract will require approximately thirty-eight (38) jobs for the services.

 

In view of the foregoing, it is recommended that the Director of Procurement and Materials Management be authorized to award Contract 23-098-3P to Berger Excavating Contractors, Inc. (Berger), in an amount not to exceed $7,384,250.00, plus a five (5) percent allowance for change orders in an amount of $369,212.50, for a total amount not to exceed $7,753,462.50, subject to the contractor furnishing a performance bond in form satisfactory to the Law Department and approved by the Director of Procurement and Materials Management.

 

The contract specifications require that all work commence 30 days after approval of the contractor’s bond and shall be completed within 456 calendar days after approval of the contractor’s bond.

 

Funds are available in Account 401-50000-645650.

 

Requested, Catherine A. O’Connor, Director of Engineering

Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management, DAL:SEB:gv

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 September 5, 2024

 

Attachment