HomeMy WebLinkAbout07.c. Grant bid relief to Bay Pacific Pipelines Inc. for construction of the Martinez Sewer Renovations, Phase 5, District Project 8437 and direct staff to return their bid bond; award a construction contract to K. J. Woods Con 7.c.
Central San
BOARD OF DIRECTORS
POSITION P
Board Meeting Date: May 18, 2017
Subject: CONSIDER BID RELIEF TO BAY PACIFIC PIPELINES INC.; AWARD A
CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER
TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL
REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC. FOR THE
CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS, PHASE 5,
DISTRICT PROJECT 8437
Submitted By: Initiating Dept./Div.:
Mark Wenslawski, Associate Engineer Engineering and Technical
Services/Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
S. Mestetsky—Senior Engineer
Lt
E. Lopez—Capital Projects Division Manager K *.A
Roger S.Bade
JM. Petit—Director of Engineering and Technical Services Counsel for the District General Manager
ISSUE: On May 2, 2017, three (3) bids were received for the construction of the Martinez
Sewer Renovations, Phase 5, District Project 8437 (Project). On May 3, 2017, Bay Pacific
Pipelines Inc. (Bay Pacific) requested bid relief from their bid and bid security. The Board
must determine whether to grant relief of the bid and to award the construction contract to
the second low bidder or reject bids within 50 days of the bid opening. Authorize the
General Manager to execute the Contract Documents subject to submittal requirements.
BACKGROUND: The Project is part of the ongoing sewer renovation within the Collection
System Program of the Capital Improvements Budget to replace or rehabilitate deteriorated
sewer infrastructure that is in poor condition. This Project aligns with Central San's
Strategic Plan, specifically the following:
• Goal No. 1 — Provide exceptional customer service
• Goal No. 2 — Strive to meet regulatory requirements
• Goal No. 5 — Maintain a reliable wastewater infrastructure
The Project is primarily located in the downtown area between Pacheco Boulevard and
Alhambra Avenue, between G and H Streets, and other locations in Martinez. The scope of
work consists of replacement or rehabilitation of approximately 8,700 lineal feet of small
diameter sewer mains, construction of manholes, and other related work within public
rights-of-way, easements, and near creeks. The project location map is identified in
Attachment 1.
Page 1 of 9
POSITION PAPER
Board Meeting Date: May 181 2017
subject CONSIDER BID RELIEF TO BAY PACIFIC PIPELINES INC.; AWARD A
CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL
MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS,
PHASE 5, DISTRICT PROJECT 8437
Central San staff prepared the plans and specifications for the Project. The Engineer's
estimate for construction is $3,100,000. This project was advertised on April 10 and April
14, 2017. Three (3) sealed bids ranging from $2,774,040 to $3,937,293 were received and
publicly opened on May 2, 2017. A summary of bids received is shown in Attachment 2.
On May 3, 2017, within five (5) business days of the bid opening, Central San staff received
a letter from Eugene Carew of Bay Pacific indicating a mistake was made in preparing their
bid, therefore, requesting relief from their bid and return of their bid security (see
Attachment 3).
The letter explains that the Contractor inadvertently submitted the wrong unit cost for bid
item No. 10. The unit cost submitted was at $4.00 per lineal feet (LF) for installing eight-
inch sewers by open trench, but the unit cost should have been $400 per LF. The error
results in a difference of $964,260. A copy of Bay Pacific's bid is shown in Attachment 4.
Under the California Public Contract Code Section 5103, a bidder may request relief of bid
within five (5) business days after bid opening in the event of a clerical or arithmetic error in
preparing the bid proposal. The law is stringent regarding relief from bids and allows relief
to be granted by the awarding authority only under specific circumstances. Specifically, the
law states that:
"The bidder shall establish to the satisfaction of the court that:
a. A mistake was made.
b. He or she gave the public entity written notice within five (5) days after the
opening of the bids of the mistake, specifying in the notice in detail how
the mistake occurred.
c. The mistake. made the bid materially different than he or she intended it to
be.
d. The mistake was made in filling out the bid, and not due to error in
judgement or to carelessness in inspecting the site of the work, or in
reading the plans or specifications."
Under the above Public Contract Code, it appears to staff that Bay Pacific made a clerical
mistake in filling out the bid, and that relief should be granted to Bay Pacific. The Board
must evaluate the information provided, consider other information that may be presented
at the Board meeting, and determine whether to grant Bay Pacific relief from the bid due to
the mistake.
Page 2of9
POSITION PAPER
Board Meeting Date: May 18, 2017
subject CONSIDER BID RELIEF TO BAY PACIFIC PIPELINES INC.; AWARD A
CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL
MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS,
PHASE 5, DISTRICT PROJECT 8437
The Engineering and Technical Services Department conducted a technical and
commercial review of the bids and determined that in the event Bay Pacific is granted relief
from its bid, the second low bidder, K.J. Woods Construction, Inc, is the lowest responsive
bidder with the bid amount of $3,018,000.
Central San will administer the construction contract and provide contract administration,
inspection, survey, office engineering, and submittal review. Consultant inspection will be
used to supplement staff on an as-needed basis.
CEQA: Staff has concluded that this project is exempt from CEQA under Central San
CEQA Guidelines Section 15302, because it involves replacement of existing sewer
facilities at substantially the same locations and with the same purpose and level of activity
as the facilities being replaced. Any capacity increases are for non-growth inducing, wet
weather purposes. This project also is exempt under Central San CEQA Guidelines
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. This certainty is based
on Central San's experience with numerous sewer construction projects of this nature, the
relatively short distances involved, and Central San's mitigating construction specifications.
These specifications are standardized general and special conditions that are made part of
the project bid documents to address environmental considerations, such as protecting
trees and riparian areas, as well as compliance with applicable federal, state, county,
district, municipal and local laws, ordinances, orders, and regulations. Approval of this
project will establish the Board of Directors' independent finding that this project is exempt
from CEQA.
ALTERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended.
FINANCIAL IMPACTS: The total estimated project cost is $4,095,000, including design,
bid price, contingency, construction management, and consultant costs as detailed in
Attachment 5. This project is included in the Fiscal Year (FY) 2016-17 Budget on page 117
with a total estimated cost of $3,650,000. Additional scope and replacement work was
included in the Project from the Collection System Urgent Projects which was rejected due
to high bids. The new Project cost has been updated in the proposed FY 2017-18 Capital
Improvement Budget with a total estimated project budget of $4,095,000.
COMMUNITY OUTREACH: Central San held a public meeting on March 29, 2017, at the
Headquarters Office Building in Martinez to assist with any questions or concerns by the
residents along the proposed construction alignments. In addition, staff has notified and
Page 3of9
POSITION PAPER
Board Meeting Date: May 18, 2017
subject. CONSIDER BID RELIEF TO BAY PACIFIC PIPELINES INC.; AWARD A
CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL
MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS,
PHASE 5, DISTRICT PROJECT 8437
spoken with several easement homeowners directly to discuss the upcoming sewer work,
construction impacts, project schedule, and receive input.
COMMITTEE RECOMMENDATION: The Engineering and Operations Committee
reviewed this project at the meeting on May 9, 2017, and recommended approval of the
Project.
RECOMMENDED BOARD ACTION: Staff recommends the following:
1. Consider Bay Pacific's request for relief of their bid;
2. Grant bid relief to Bay Pacific and direct staff to return their bid bond;
3. Find that the project is exempt from CEQA;
4. Award a construction contract in the amount of $3,018,040 for the construction of the
Martinez Sewer Renovations, Phase 5, District Project 8437, to K.J. Woods
Construction, Inc, the next lowest responsive and responsible bidder; and
5. Authorize the General Manager to execute the Contract Documents subject to
submittal requirements and include up to 10-percent contingency.
Attached Supp, orting Documents:
1. Project Location Map
2. Summary of Bids
3. Bay Pacific Pipelines Inc. Letter
4. Bay Pacific Pipelines Inc. Bid Copy
5. Post-Bid/Preconstruction Estimate
Page 4 of 9
ATTACHMENT 1
MARTINEZ SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 8437
PROJECT LOCATION MAP
Suisun Project Areas _
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Martinez Sewer Renovation Phase 5 Attachment
San'ary District District Project 8437 1
Project Location
Page 5 of 9
ATTACHMENT.2
MARTINEZ SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 8437
SUMMARY OF BIDS
PROJECT NO.: 8437 NO. OF ADDENDA: 0 DATE: MAY 2, 2017
PROJECT NAME: MARTINEZ SEWER RENOVATIONS, PHASE 5
PROJECT LOCATION: MARTINEZ, CA
ENGINEER'S ESTIMATE: $3,100,000
NO. BIDDER BID PRICE
Bay Pacific Pipelines, Inc.
1 $2,774,040
Novato, California
K.J. Woods Construction, Inc.
2 $3,018,000
San Francisco, California
Cratus, Inc.
3 $3,937,293
San Francisco, California
BIDS OPENED BY/s/ Elaine R. Boehme, CMC DATE: May 2, 2017
Page 6of9
ATTACHMENT 3
MARTINEZ SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 8437
BAY PACIFIC PIPELINES INC LETTER
BAY PACIFIC PIPELINES INC.
P 0 BOX 1,162
NOVATO, CA 94948-1162
Tel: 415 897-6958
Fax: 415 897-1409
May 3,2017
Mr.Mark Wenslawski,P.E.
Central Contra Costa County Sanitary District
5019 Imhoff Place
Martintez,CA 94553
Ref: Martinez Sewer Renovations,Phase 5,District Project No. 8437
Bid Date:May 2,2017
Dear Mark:
During the summation of our bid yesterday for the above-referenced project,we
inadvertently wrote in$4.00 instead of$400.00 unit price for Bid Item No. 10.This item.
should have read$974,000.00 and would have brought our bid to$3,738,300.00 which
was our intended bid price.Needless to say,pipe cannot be bought for$4.00 per If.
Bay Pacific Pipelines respectfully request that our bid be withdrawn and our bid bond
returned to us.We deeply regret any inconvenience this may cause you or the district.
Thank you.
Sin rely,
Eug e Carew,V.P.
Bay Pacific Pipelines Inc.
Page 7 of 9
ATTACHMENT 4
MARTINEZ SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 8437
BAY PACIFIC PIPELINES INC BID COPY
[Modify Manholes for the per-each(EA)price
8 of(WRITTEN IN WORDS) 27 EA $L
Install Rodding Inlet for the per-each(EA)
RD
Installation of 8-inch PVC and 6-and 8-inch
VC pipe using open-cut method for the lineal
10 foot(LF)price of(WRITTEN IN WORDS) 2,435 LF $ '` $_2 10 irl)
Installation of 8-inch HDPE pipe using
11 lineal foot(LF)price of(WRITTEN IN
WORDS) 6,374 LF
Spot repairs as shown on plans for the lineal
12 foot(LF)price of(WRITTEN IN WORDS) 40 LF $ 1 tr'
Reconnect active house or building laterals
for the per-each (EA)price of(WRITTEN IN
13 WORDS) 208 EA $ 0-b.&T $Io g.61nn C 4
Provision and extension of laterals for the
lineal foot(LF)price of(WRITTEN IN
14 WORDS) 240 LF
Locate and verify active and inactive house or
building laterals for the per-each(EA)price of
15 ('WRITTEN IN WORDS) 244 EA $ 3�,4 �
Re-route lateral at 3500 Alhambra Avenue for
the lump-sum(LS)price of(WRITTEN IN
16 WORDS) I LS $3 ",
DP 8437-Volume 1 _Page 24
Page 8 of 9
ATTACHMENT 5
MARTINEZ SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 8437
POST-BID I PRECONSTRUCTION ESTIMATE
No. Item Description Amounts % Total
Estimated
Project Cost
1. CONSTRUCTION
a. Construction Contract $3,018,040
b. 10% Contingency $300,000
SUBTOTAL- CONSTRUCTION COST $37318,000 81.03%
2. CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management (Engineering, 240 000
Inspection, Survey) $ f
- Public Relations $30,000
- Right of Way $5,000
b. Consultants
- Inspection $74,004
- Material Testing $10,000
- Geotechnical and Arborist $5,000
SUBTOTAL- CONSTRUCTION MANAGEMENT $3609000 8.79%
3. PREBID EXPENDITURES
a. Engineering (Design, Survey, Drafting) $417,000
SUBTOTAL - PREBID EXPENDITURES $417000 10.18%
4. TOTAL ESTIMATED PROJECT COST
$49095,0001
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