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HomeMy WebLinkAboutLEO Dock Hose StationsCITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE May 28, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager SUBJECT Consideration of a purchase order for Coleman Fire Protection, LLC for $79,300.00 to install Law Enforcement Dock Hose Stations and authorize the City Manager or designee to execute. EXECUTIVE SUMMARY The City of Sebastian’s Procurement Division issued a formal solicitation for the installation of hose stations at the Law Enforcement Dock; however, no bids were received in response to the solicitation. Given the lack of responses and the need to move forward with the project, the Procurement Division explored additional procurement options in order to fulfill the necessary services. The Procurement Division requested a quote from Coleman Fire Protection, LLC, the contractor that previously completed the installation of hose stations at the Working Waterfront Dock. On April 23, 2025, the City Council approved waiving the competitive sealed bidding requirements in accordance with Section 2-10(b)(4) of the City Code of Ordinances, allowing the City to proceed with a direct purchase under these circumstances. Staff is now requesting approval of a purchase order in the amount of $79,300.00 to Coleman Fire Protection, LLC for the installation of the Law Enforcement Dock Hose Stations. RECOMMENDATION Staff recommends approval of the purchase order to Coleman Fire Protection, LLC in the amount of $79,300.00, and authorization for the City Manager or designee to execute all necessary documents to complete the project. ATTACHMENTS: 1.April 23, 2025 Coleman Agenda Item 2.Extraordinary Procurement Certification 3.Coleman Fire Protection, LLC Quote FUNDING SOURCE: Expenditure required Amount Budgeted:Funding source $79,300.00 $80,000.00 50% FIND Grant ($39, 650) 50% CRA Operating Budget ($39, 650) Additional Funds Needed: $ 0.00 CITY OF SEBASTIAN CITY COUNCIL STAFF REPORT DATE April 23, 2025 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jessica Graham, Procurement/Contracts Manager SUBJECT Requesting City Council waive the competitive sealed bidding requirements and authorize Coleman Fire Protection, LLC to install Law Enforcement Dock Hose Stations. EXECUTIVE SUMMARY The City of Sebastian’s Procurement Division issued a solicitation to install Law Enforcement Dock Hose Stations, and no bids were received. This is the second project the City has issued for the installation/replacement of dock hose stations where contractors did not attend the pre-bid meeting and no bids were received. As this project is critical to ensure the Law Enforcement Vessel can be safely docked, the Procurement Division decided that re-issuing the solicitation was not in the City’s best interest. Instead, the Procurement Division requested a quote from Coleman Fire Protection, LLC. Coleman Fire Protection installed the Working Waterfront Dock Hose Stations. Due to the critical nature of this project and failed attempts to obtain quotes through a competitive solicitation, staff requests City council waive the formal sealed bid requirement. City Code of Ordinances Section 2-10 (b)(4) requires formal sealed bids and city council authorization for purchases over $75,000.01. However, per Section 2-10 (h),City Council may waive the provisions of ordinance 2-10 and authorize the purchase of any goods or services without competitive bidding or waive bidding requirements. The project is funded through a FIND Grant and the CRA operating budget. Before the request can be taken to the CRA Board for approval to spend funds, the Procurement Division needs the formal sealed bid requirements referenced in Section 2-10(b)(4) waived. RECOMMENDATION On behalf of the Parks and Recreation Department, the Procurement Division recommends that City Council waive the competitive sealed bidding requirements and authorize Coleman Fire Protection, LLC to install Law Enforcement Dock Hose Stations. ATTACHMENTS: 1.Extraordinary Procurement Certification 2.Coleman Fire Protection, LLC Quote FUNDING SOURCE: Expenditure required Amount Budgeted:Funding source $79,300.00 $80,000.00 50% FIND Grant ($39, 650) 50% CRA Operating Budget ($39, 650) Additional Funds Needed: $ 0.00 EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of a required good/service from one source because of City standardization, warranty, or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for purchasing the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager. DATE: TO: Jessica Graham, Procurement/Contracts Manager DEPARTMENT HEAD: DEPARTMENT: TYPE OF PURCHASE: Emergency Single Source Sole Source PROPOSED VENDOR: ITEMS OR SERVICES REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: ------------------------CERTIFICATION OF AVAILABILITY/NECESSITY ------------------------ I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's best interest and would b e detrimental to the City; (2) due to the City’s standardization, warranty or other distinctive factors only one source is available or (3) t he supplier of the goods/services requested is the sole source supplier. Submitted: _______________________________________ Date: _______________ Department Head Signature Approved: _______________________________________ Date: _______________ Jessica Graham, Procurement/Contracts Manager Approved: _______________________________________ Date: _______________ Brian Benton, City Manager (Rev. 1/2025) PROPOSAL Date: April 3rd 2025 CFP Proposal #: 25-2009 Customer: City of Sebastian Address: Contact: Jim Testa Phone: 772-453-9722 Email: Project: Law Enforcement Dock Hose Stations Location: Owner: (acquire and attach copy – Notice of Commencement) Arch./Eng.: Sheet #’s & Dates: Addenda (list): N/A EOR: Coleman Fire Protection Inc. (CFP) proposes to furnish materials and labor as specified below at the prices stated below: Allowing CFP to commence work or preparation for work will constitute acceptance by Customer of this proposal. CFP and Customer will execute an American Institute of Architect’s A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this proposal which shall be incorporated by reference into the final subcontract. SCOPE OF WORK INCLUDED: CFP to provide Design, Permitting, Materials and Labor to provide the following scope CFP to provide 3 hose stations starting 215 feet +/- from the end of the dock spaced 100 feet +/- apart with the last hose within 50 feet +/- of the end of the dock. The supply piping shall be 3” CPVC secured with stainless material. Piping from the underside of dock to fire hose valves will be schedule 40 galvanized with grove couplings with stainless hardware. CFP to provide 4” UG supply piping to the new FDC located at the street to dock entrance. Hydrants to be provided by others PRICING IS BASED UPON: 1. This proposal is subject to acceptance by Buyer for thirty (30) days, after which time, at the option of the Seller, it becomes null and void due to material market increases coming out monthly. 2. This pricing is strictly based on working during normal working hours and day’s night work, and weekend work is not provided. 3. Demo of existing piping is excluded. NOTE: Attachments referenced by project name and CFP proposal # and dated, shall be incorporated completely as if written herein. However, excluding: ❑ Failure of existing system during Fill-up or damage as result thereof. ❑ Electrical wiring Electrical Demo of any kind ❑ Raising of piping ❑ Relocating of piping ❑ Fire Watch to be provided by others ❑ Shutdown Fees ❑ Fire extinguishers ❑ Night, or Weekend work Adequacy of water supply Sidewalk Replacement Sod Replacement Terms Of Payment: Payment shall be made on the Tenth (10th) day of each month in the sum of ninety percent (90%) of the work installed and of the materials delivered and stored at the jobsite, in the month immediately preceding, and the balance thirty (30) days after completion of the work Proposal Based On: This proposal is subject to CFP terms and conditions (Copy Attached) Coleman Fire Protection complies completely with the Florida Construction Lien Law and the New Construction Prompt Payment Law (Section 715.12) Base Quote/Bid: $32,300.00 for the UG Supply piping $47,000.00 for the dock piping and hose stations TOTAL CONTRACT PRICE: $79,300.00 Attach CFP schedule of values. Coleman Fire Protection LLC. Sales Representative: John Coleman Office: 321-914-0861 Fax: 321-733-1297 Cell: 321-508-2767 Accepted by: Title: Date: * Subject to acceptance within 30 calendar days, conditions of this proposal and approval of Customer’s credit by CFP. General Terms and Conditions 1. Allowing Seller to proceed and commence with any work regarding this proposal shall constitute an acceptance by Customer of this bid proposal. Seller and Customer will execute an AIA, A401-1997 subcontract form to memorialize their agreement, supplemented and modified as provided by this bid proposal and referenced attachments which shall be incorporated by reference into the final subcontract agreement. In the event of any conflict between the terms of this proposal and any other documents, this bid proposal shall govern. 2. A change in the price of an item of material of more than 5% between the date of this bid proposal and the date of installation shall warrant an equitable adjustment in contract price. 3. Seller will NOT be required to name additional insureds to its GL insurance policy, nor to waive subrogation for claims covered by worker’s compensation or commercial GL insurance. Seller shall maintain insurance with coverage and limits only as provided by Sellers existing insurance program evidenced by its certificate of insurance, available upon request. 4. Sellers schedule of values shall be used to determine progress payments. All sums not paid when due shall bear interest at the rate of 1 ½ % per Month from due date until paid or the maximum legal rate permitted by law whichever is less; and all costs of collection, including reasonable attorney’s fee, shall be paid by Customer. The proper venue to resolve any disputes arising under the agreement shall be the place where the project is located, and the laws of said place shall govern all such disputes. 5. Seller shall be entitled to equitable adjustments of the contract price, including but not limited to any increased costs of labor, supervision, equipment or materials, and reasonable overhead and profit, for any modification of the project schedule differing from the bid schedule, and for any other delays, acceleration, out-of-sequence work and schedule changes beyond its reasonable control, including but not limited to those caused by labor unrest, fires, floods, acts of nature or government, wars, embargos, vendor priorities and allocations, transportation delays, suspension of work for non-payment or as ordered by Customer, or other delays caused by Customer, Owner, Owner’s agents, or others. Should work be delayed by any of the aforementioned causes for a period exceeding (90) days, Seller shall be entitled to terminate the subcontract. Seller change proposals must be processed in not more than (30) calendar days. 6. Back-charges: No back-charges or claim of the Buyer for services shall be valid unless agreed to in writing by the Seller before the "back-charge work" is executed. In the case of the Seller's failure to meet any requirement of the subcontract agreement, the Buyer shall notify the Seller of such default in writing, and allow the Seller reasonable time to correct any deficiency. 7. THE EXPRESS WARRANTIES SET FORTH IN THE SUBCONTRACT DOCUMENTS ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SUBCONTRACTOR (Seller ). Seller shall not be responsible for special, incidental, or consequential damages, and Seller’s liability for delay damages shall not exceed 5% of the original subcontract amount. Seller is not responsible for damage to its work by other parties, and any repair work necessitated by such damage shall constitute extra work. All materials shall be furnished in accordance with the respective industry tolerance of color variation, thickness, size, finish, texture and performance standards. All warranty claims must be received by Seller not more than one (1) year after completion of subcontractor’s work, and Seller must be provided a reasonable opportunity to inspect, and make corrections, or such warranty claims are barred. Except as specifically required by the work and specifications included in this bid proposal, Customer shall furnish all temporary site facilities, including but not limited to; site access, storage space, hoisting facilities, guard rails, covers for the floor, roof and wall openings, security, parking, safety orientation, break and lunch facilities, toilet and wash facilities, drinking water and other water facilities, electrical service, telecommunication service, lighting, heat, ventilation, weather protection, fire protection, trash and recycling services. Seller shall be responsible for cleaning up it's own debris and placing it in a on-site disposal container provided by others. 8. Buyer warrants the sufficiency of the structure, asbestos free and able to support the water filled weight of the piping system and its related equipment. Buyer also warrants adequacy of water supply, character, condition, or use of foundations, walls, or other structures, along with wiring, fixtures, or other equipment existing or erected new by others. 9. “Fire rating" of piping penetrations shall be provided by Buyer, regardless of schedule, unless otherwise noted. Seller will typically make piping penetrations through existing walls and structures during installation, unless otherwise noted herein. If Seller's piping is installed prior to walls or structures, Buyer shall be responsible for "leave outs", holes, and "fire rating" of penetrations thereafter. 10. When Seller's work is performed on existing equipment, the Seller's responsibility is limited only to the new work installed by Seller. Any requirement for additional labor, material or testing of existing equipment shall be immediately communicated to Buyer and executed as directed to proceed. 11. When Seller's work includes excavation or concealed piping & equipment: If water, quicksand, rock, environmental contamination, asbestos, or other unforeseen obstructions or subsurface soil conditions are encountered, or "cross connection" of domestic or other water system, this condition will constitute scope of work or conditions above and beyond the agreement. These conditions along with solutions shall be communicated to the buyer for direction. 12. Working hours and days: Unless specifically set forth in this agreement, all installation work shall be performed during normal working hours and days (Monday through Friday, 7am to 4 p.m.). If Buyer subsequently requires special working hours and days otherwise, this condition will constitute scope and/or schedule above and beyond the agreement. 13. BONDS: To the extent that performance and payment bonds are included in this proposal, the bond forms must be the AGC 606 (2004) and AGC 607 (2004) published by the Associated General Contractors of America. Price on request. 14. ASSIGNMENT: neither party shall assign the subcontract, in whole or in part, without the written consent of other. 15. C.I.P. (Consolidated Insurance Program): Seller shall NOT participate in a consolidated insurance program (“CIP”). Seller refuses, and will give no credit for, any other coverage’s under the CIP. 16. LIENS/BOND RIGHTS: shall exclude retainage, unbilled changes, and claims which have been asserted in writing or which have not yet become known to CFP, and shall either apply only through the date of work for which CFP has been paid in full, or shall be conditional upon receipt of funds to Seller’s account. 17. Buyer and/or Owner shall purchase and maintain all risk insurance for the full value of the entire work and /or materials delivered to the jobsite which shall include the interest of the Seller. * Many terms in this form credited to American Subcontractors Association, Inc. (2005) 2911 Dusa Drive Ste A Melbourne, FL 32934 john@colemanfp.com Office: 321-914-0861 Fax : 321-733-1297