Title
Award of Old Landfill at Sweetwater - Slope and Creek Stabilization (B)
This item involves a request for the City Commission to award the completion of the project to Environmental Barrier Company, LLC.
Explanation
On August 8th, C.E.M. Enterprises, Inc., the prior contractor on the project, defaulted on this project for failure to complete. C.E.M.'s Surety (Hartford Co.) was noticed and directed to obtain a completion contractor. As of October 14 they had not accomplished that task. On October 17, the City took over the negotiations process and began negotiations with Environmental Barrier Company, Inc. (EBC) to complete the work. Negotiations are complete and reflected in the proposed contract and pricing sheet accompanying this document. Major items of note are that the Hartford Co. remains as Surety, that no Payment Bond is being required of EBC and 90 days are being allowed for completion of the work. Payment to all subcontractors/material suppliers will be by the City.
The negotiation process for the proposed contract was used in lieu of the normal purchasing process for several reasons: 1) due to the current project deadline in the Florida Department of Environmental Protection (FDEP) Consent Agreement: November 14, 2005, 2) to prevent further contamination of Sweetwater Branch with eroding landfill material, and 3) it is in the City's best interest to have the construction done during the dry season. The FDEP has been kept abreast of contracting developments and is expecting the work to proceed as fast as is possible as well as a request for consent agreement extension. A request for extending the present deadline will be made prior to November 14, 2005.
Fiscal Note
Approximately $750,000 of the prior C.E.M. purchase order remains. EBC prices the remaining work at $642,450.
Recommendation
Recommended Motion: The City Commission: 1) affirm the emergency purchasing process used for this procurement, 2) award t...
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