Embed Size (px)
Citation preview
Agenda Item No. 9A November 15, 2016
TO: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager
FROM: Shawn L. Cunningham, Director of Public Works (Staff Contact: Tim Burke, (707) 449-5170)
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE AWARD OF THE CONSTRUCTION CONTRACT FOR THE EASTERLY WASTEWATER TREATMENT PLANT TERTIARY PROJECT – COMPLETION PHASE
DISCUSSION:
The Easterly Wastewater Treatment Plant (EWWTP) Tertiary Project – Completion Phase is the fourth and final of the planned construction projects that are needed to meet the requirements of the City’s current National Pollutant Discharge Elimination System (NPDES) permit. The first three projects concentrated on improvements that were specifically needed to comply with deadlines set by the California Regional Water Quality Control Board. This final project consists of improvements that were not necessarily under a time deadline, but are needed for continued compliance with the City’s permit, as well as to address the Regional Board’s shifting focus toward groundwater protection.
The Completion phase has the following components:
• Demolish the North Plant wastewater treatment facilities which are no longer in service. • Extend an existing containment wall to prevent spills from entering the creek. • Line the Emergency Storage Basin with concrete to prevent diverted wastewater from
seeping into the ground. • Repair severely cracked pavement in drying beds and adjacent areas to prevent
infiltration into groundwater. • Construct a mobile equipment storage building. • Provide miscellaneous site improvements and paving.
Five (5) bids were received on October 19, 2016, for the subject project. The apparent low bidder was Myers & Sons Construction, LP of Sacramento, California, with a bid of $9,975,000, 16.9% below the Engineer’s Estimate of $12,000,000. The following bids were received:
ENGINEER’S ESTIMATE: $12,000,000 BID
ORDER CONTRACTOR TOTAL BID AMOUNT
1 Myers & Sons Construction, LP $9,975,000 2 Clark Brothers, Inc. $10,827,926 3 C. Overaa & Co. $11,081,000 4 Kiewit Infrastructure West Co. $11,430,000 5 GSE Construction Co. $11,490,000
Subsequent to the opening of bids, the City received a bid protest from the Northern California Electrical Construction Industry (NCECI) (Attachment 2). In general, NCECI raised concern over Wulff Electric, who was listed as a subcontractor for Myers & Sons Construction, LP.
NCECI claims that Wulff Electric is a non-responsible and non-responsive contractor due to a history of not paying the correct prevailing wage to its workers. In 2012, Wulff Electric was debarred from public works projects for a period of two years. However, to staff’s knowledge, Wulff Electric is no longer debarred from public works projects and their State Contracting License is currently clear with no restrictions. Therefore, staff determined (in cooperation with the City Attorney’s Office) that: Wulff Electric is a responsive, responsible bidder and likewise that Myers & Sons Construction is a responsive, responsible contractor; also, and that Myers and Sons Construction’s bid is responsive (Attachment 3). As with all capital improvement projects, the City will closely monitor labor compliance for contractors and their subcontractors, and specifically ensure correct prevailing wages are being paid to all the workers on the project.
The project was designed partly by HDR, Inc. and partly in-house by Public Works Engineering Services staff, with oversight by Utilities staff. The time allowed for the completion of this project is 240 working days, and is scheduled to begin in December 2016. The work is anticipated to be completed in late 2017.
An Environmental Impact Report was prepared for the project pursuant to the provisions of the California Environmental Quality Act and certified by the Planning Commission on April 20, 2010. Applicable mitigation measures have been included in the contract documents and will be carried out during the construction.
FISCAL IMPACT: Funding for the project will be provided through a State Revolving Fund (SRF) funding agreement secured from the State of California Department of Water Resources. The funding agreement is to be repaid using funds from the Sewer Operations and Maintenance and Sewer Capital Development Impact Fee funds. There is sufficient funding in the project budget. There is no impact to the General Fund as a result of this action.
RECOMMENDATION:
By simple motion, adopt the subject resolution.
ATTACHMENTS:
Resolution – Action Item Attachment 1: Vicinity Map Attachment 2: Bid Protest Letter from Northern California Electrical Construction Industry Attachment 3: Response Letter to Northern California Electrical Construction Industry
RESOLUTION NO. 2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE AWARD OF THE CONSTRUCTION CONTRACT FOR THE EASTERLY WASTEWATER
TREATMENT PLANT (EWWTP) TERTIARY PROJECT – COMPLETION PHASE
WHEREAS, the EWWTP Tertiary Project – Completion Phase is the fourth and final of the planned construction projects that are needed to meet the requirements of the City’s current National Pollutant Discharge Elimination System (NPDES) permit, as well as to address the California Regional Water Quality Control Board’s shifting focus toward groundwater protection; and
WHEREAS, five (5) bids were received on October 19, 2016, for the construction of the project; and
WHEREAS, the lowest responsive, responsible bidder was Myers & Sons Construction, LP, from Sacramento, California, with a bid of $9,975,000; and
WHEREAS, the City received a bid protest questioning the responsiveness of the bid
and the responsibility of Wulff Electric, one of Myers & Sons’ listed subcontractors; and WHEREAS, the City reviewed the bid protest fully and completely and found Myers &
Sons Construction, LP to be a responsive, responsible bidder and their bid to be responsive; and
WHEREAS, the contractor has two hundred forty (240) working days in which to complete the work; and
WHEREAS, immediate funding will be provided through a State Revolving Fund (SRF) loan administered by the State of California Department of Water Resources, which will be repaid using money from the Sewer Operations and Maintenance and Sewer Capital Development Impact Fee funds; and
WHEREAS, an Environmental Impact Report was prepared for the project pursuant to the provisions of the California Environmental Quality Act and certified by the Planning Commission on April 20, 2010; and
WHEREAS, HDR, Inc. and the City of Vacaville, Public Works Engineering Services staff prepared the construction plans and contract documents for the construction of the project, and advertised for public bidding on August 28, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby approve the project plans, project manual, and working details for the project; authorize the award of the construction contract to the lowest responsive, responsible bidder, Myers & Sons Construction LP, of Sacramento, California; and authorize the Director of Public Works to execute said contract for the Easterly Wastewater Treatment Plant Tertiary Project - Completion Phase in the amount of $9,975,000.
I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a
special meeting of the City Council of the City of Vacaville, held on the 15th day of November, 2016, by the following vote:
AYES: NOES: ABSENT:
ATTEST: Michelle A. Thornbrugh, City Clerk
“Service is Our Business”
Public Works Department
AWARD OF CONSTRUCTION CONTRACT EWWTP TERTIARY PROJECT
COMPLETION PHASE $9,975,000
November 15, 2016
“Service is Our Business”
Project Bid Summary
Received five (5) bids on October 19, 2016
Bids Ranged from $9,975,000 to $11,490,000
Low bidder was Myers & Sons Construction of Sacramento
Bid amount of $ 9,975,000
Bid amount was approximately 16.9% below Engineer’s Estimate of $12,000,000
“Service is Our Business”
Project Scope Completion Phase is the 4th and final of
projects to complete the Tertiary upgrades.
Phase 1 Denitrification completed in 2014, Phase 2 Filtration completed in 2015, and Phase 3 Lab Expansion completed in 2016.
Easterly Wastewater Treatment Plant
Emergency Storage Basin
South Plant Pavement
North Plant Demolition
Mobile Equipment Bldg
“Service is Our Business”
Project Schedule & Fiscal Impact Work Period: 240 working days beginning in
December Funding initially provided by State Revolving
Funds (SRF) through the Dept. of Water Resources
SRF reimbursed through user fees and developer impact fees
No Impact to General Fund
“Service is Our Business”
Recommendation
By simple motion, adopt the subject resolution.
• Approve the project plans, project manual, and working details for the project.
• Authorize the award of construction contract to Myers and Sons Construction LP, of Sacramento, California in the amount of $9,975,000.
CITY OF VACAVILLE 650 MERCHANT STREET VACAVILLE, CALIFORNIA 95688-6908 www.cityofvacaville.com 707-449-5100
ESTABLISHED 1850
ATTACHMENT 3
November 2, 2016 Department of Public Works Engineering Services Northern California Electrical Construction Industry 6250 Village Parkway, Suite 250 Dublin, CA 94568 Attn: Patrick J. Wirsing, NCECI Senior Compliance Officer SUBJECT: BID PROTEST – EASTERLY WASTEWATER TREATMENT PLANT
TERTIARY PROJECT – COMPLETION PHASE Dear Mr. Wirsing: The City of Vacaville received your letter dated October 28, 2016, protesting the bid for Easterly Waste Water Treatment Plant Tertiary Project – Completion Phase. The City recognizes that Wulff Electric had issues in the past concerning the payment of prevailing wages and has had to pay back-wages and penalties. The City is also aware Wulff Electric was debarred from bidding on public works projects for a period of two years. However, this debarment period is complete and Wulff Electric is now permitted to bid on public work according to the California Department of Industrial Relations. Additionally, the City has reviewed their state contractor’s license and has found it to be active and clear. Please rest assured that the City maintains an excellent track record of ensuring Contractors pay the appropriate wage rates. The City employs a Contract Compliance Specialist within our Construction Administration who is responsible to monitor and enforce all labor compliance requirements, including prevailing wage. The Contract Compliance Specialist performs regular site visits to interview workers to ensure Contractors are paying the correct prevailing wage. Additionally, the City routinely requests assistance from the California Department of Industrial Relations for any questions that arise during the project along with any non-compliance issues. Since Wulff Electric’s state contractor’s license is clear to bid on public work and because the City has established policies and procedures to ensure proper monitoring and enforcement of all labor compliance requirements on all Capital Improvement Projects, the City finds Wulff Electric is a responsive, responsible bidder. Likewise, the City also finds Myers & Sons Construction LP is a responsive, responsible contractor, and that Myers and Sons Construction’s bid is responsive. Staff will be recommending that the City
LEN AUGUSTINE DILENNA HARRIS Mayor Councilmember RON ROWLETT CURTIS HUNT Vice Mayor Councilmember MITCH MASHBURN Councilmember
G:\11-15-16 Council Meeting (Special)\11-15-16 PW AWC EWWTP Completion Phase_Attachment 3.Doc
Council of the City of Vacaville award the EWWTP Tertiary Project Completion Phase to Myers & Sons Construction LP. We thank you for your letter, and appreciate your concerns. We hope that this response satisfactorily addresses those concerns. Should you have any questions, please call me at (707) 449-5170. Sincerely, Tim Burke Assistant Director of Public Works c: Rick Navarro, Project Manager Tracy Rideout, Senior Civil Engineer CIP # 822
