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07. Reject protest and award a construction contract to CWS Construction Group, Inc., for the Plant Operations Building Seismic Upgrades and Server Room Relocation, District Projects 7362 and 8243;
Page 1 of 36 Item 7. CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: NOVEMBER 1, 2018 SUBJECT: REJECT PROTESTAND AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $5,665,000 TO CWS CONSTRUCTION GROUP, INC., THE LOWEST RESPONSIVE BIDDER FOR THE PLANT OPERATIONS BUILDING SEISMIC UPGRADES AND SERVER ROOM RELOCATION, DISTRICT PROJECTS 7362 AND 8243; AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENTS WITH MWAARCHITECTS, KLEINFELDER, INC., AND COMPUTERLAND; CONSIDER EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT; INCLUDE UP TO A 10-PERCENT CONTINGENCY, AND AUTHORIZE THE GENERAL MANAGER TO TRANSFER UP TO $1 MILLION FROM THE CAPITAL PROGRAM SUBMITTED BY: INITIATING DEPARTMENT: NATHAN HODGES, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES- CAPITAL PROJECTS REVIEWED BY: EDGAR J. LOPEZ, CAPITAL PROJECTS DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL SERVICES Deputy General Mgr.Ann Sasaki for General Manager Roger S. Bailey ISSUE On September 10, 2018, three (3) sealed bids were received and opened for the construction of the Plant November 1, 2018 Regular Board Meeting Agenda Packet- Page 61 of 499 Page 2 of 36 Operations Building Seismic Upgrades and Server Room Relocation, District Projects (DP) 7362 and 8243 (Project). The Board of Directors (Board) must consider awarding the contract or reject bids within 60 days of the bid opening. Board authorization is also required for the General Manager to execute professional engineering or technical service agreements greater than $100,000. The second lowest bidder has submitted a bid protest and Board action is required to reject the protest. BACKGROUND The Fiscal Year(FY) 2018-19 Capital Improvement Budget (CI B) includes several projects listed in the Treatment Plant and General Improvements Programs aimed to address safety, security, public access or use, and Informational Technology(IT) improvements at Central San. On May 18, 2017, the Board authorized staff to initiate the design for public facilities and security improvements under this Project, the Property and Building Improvements, DP 8247, and other related security and building projects. The design work has been completed and the projects have been consolidated for bidding as a combined, single construction contract to save both cost and implementation time. The Project was then presented to the Engineering and Operations Committee on July 9, 2018, and to the Board on July 19, 2018 before public advertisement. The buildings or facilities that will be renovated as part of this Project include: Plant Operations Building (POB), Multi-Purpose Room (MPR) located inside the POB, Caucus Room (adjacent to the Board Room), a new server room added to POB, and the Headquarters Office Building (HOB) lobby, as shown in Attachment 1. Overall, the scope of work performed under the Project consists of the following major tasks: 1. Seismic Upgrades - The POB seismic upgrade is the next phase of Central San's seismic program that was initiated in 2009 following a structural and seismic evaluation study of all major Central San facilities. The recommendations from this study have been included in the Capital Improvement Program since that time. To date, the following progress and locations have been or are scheduled to be seismically retrofitted: a. 4737 Imhoff Place - Completed prior to 2014 b. Headquarters Office Building - Completed in 2014 C. Pump and Blower Building - Completed in 2018 d. Solids Conditioning Building, included in the Solids Handling Facility Improvements Project- Under final design and scheduled to be implemented starting in 2020 e. Other facilities in future years such as the Laboratory, the Plant Maintenance and Mechanical Shop The seismic upgrades will first and foremost enhance life safety for staff and public occupying or using the POB; and secondly, protect essential treatment processes and buildings in the event of an earthquake. The POB houses several Operations and Maintenance staff, Engineering staff, the main treatment plant control room and servers, and process piping and other critical equipment located in the basement. The MPR, located inside the POB, is the largest Central San conference room and public meeting space. The MPR is also utilized and designated as an Emergency Operations Center and frequently hosts several public meetings during the day, evenings, and weekends. Structural seismic retrofit work will take place in the basement level, ground level, and on the roof throughout POB. The Caucus Room, adjacent to the Board Room, will also receive structural seismic retrofit work. The POB was originally constructed in the mid-1970s and contains asbestos and lead paint that will be abated as part of this Project.All the retrofit and abatement work will require that the entire impacted areas be vacated during the construction. The retrofit work will require removal of existing gypsum drywalls and ceiling panels in order to access the structural members to November 1, 2018 Regular Board Meeting Agenda Packet- Page 62 of 499 Page 3 of 36 be modified and for the abatement to be accomplished. To safely and efficiently accomplish abatement, the majority of POB staff will need to be relocated to available spaces within the Martinez campus. A small number of temporary office trailers will be set up to accommodate some staff. All office furniture and business equipment will be moved out and properly stored and returned once the construction is complete. 2. Public Facilities and Restroom Improvements - The MPR is frequently used (often multiple times per month) by the public both for Central San sponsored projects, presentations, other public meetings and/or training. Improvements will be made to upgrade the adjacent restrooms to comply with the Americans with Disabilities Act (ADA) requirements. Security will also be improved at the MPR to permit the public use of the room while also preventing unauthorized access to the treatment plant, as this space is often utilized during evenings and weekends when staff is not present. The new restrooms for the MPR will include plumbing for use of recycled water for toilets and urinals. The HOB lobby is where Central San's public and customer interaction begins. It is important that the lobby meets the functional needs of providing exceptional customer service at the reception and permit counters. Recently, the number of customers requiring permits has significantly increased. The reception and permit area will be modified and expanded to provide a wider single, combined public service counter to improve the permit counter functionality. This allows staff to support each other in assisting the public, direct access to the permit counter, which accounts for the majority of the public using the lobby, and additional space for those waiting to speak with permit counter staff. Space will be provided at a self-service kiosk where the public may access Central San resources and for job applications. A publicly accessible, ADA compliant restroom will also be installed in the lobby and minor security improvements will be made to secure the permit counter area and clearly identify the public use of the area. Similar to the new MPR restrooms, the new lobby restroom will also include plumbing for use of recycled water. The lobby will receive updated finishes including improved lighting. New standard operating procedures are being implemented to handle large groups visiting the lobby. Typically, large groups attend pre-bid meetings, bid openings, and proposal meetings in the MPR or Board Room. Visitor routing and check-in for these meetings will be changed so that people do not congregate in the lobby. This will reduce noise and any crowding in the lobby, and will not interfere with the receptionist, expanded permit counter, or other HOB work areas. 3. New Computer Server Room - The current computer server room is located in the POB basement and is subject to flooding and damage from nearby process equipment and plumbing systems. The servers were damaged and service interrupted following a flood event on February 20, 2015. The server room hosts sensitive IT equipment for the business networks, treatment plant process control, and pumping stations. An earlier pre-design phase determined that the best solution to ensure reliable and secure performance of Central San's network systems would be to construct a new server room on the ground level of the POB. The new server room will be constructed adjacent to the POB and secured in a new masonry structure. 4. Migrating Existing IT Equipment -After construction of the new server room, network equipment will be relocated from its existing location. This relocation requires close coordination with treatment plant Operations, Maintenance, and IT staff to ensure that treatment plant process control is maintained and all networking systems are successfully restored to service. Staff coordination and relocation of equipment will be performed by a network specialist. A formal, separate Request for Proposal was publicly advertised for these services. After evaluating proposals and conducting an oral interview, the top-scoring firm selected was ComputerLand. Bidding Process: The Project was advertised to bid on July 31 and August 5, 2018. Three (3) sealed bids ranging from $5,325,000 to $6,251,000 were received and publicly opened on September 10, 2018. The Capital Projects Division conducted a technical and commercial review of the bids and determined November 1, 2018 Regular Board Meeting Agenda Packet- Page 63 of 499 Page 4 of 36 that CWS Construction Group, Inc. (CWS) is the lowest responsive and responsible bidder with a base bid amount of$5,325,000. A summary of bids received is shown in Attachment 2. The Engineer's estimate for the Project was $4,800,000. The seismic upgrade, server room, and abatement cost (lead and asbestos removal)were within the Engineer's estimate in the lowest bid. The lowest base bid was $525,000 higher than the Engineer's estimate. Based on discussions with CWS, staff identified the main areas where costs were higher than estimated. The higher costs are generally associated with three scope items and are listed in order of highest-cost magnitude (first item costing the most): 1. Extent of protection and restoration required by seismic retrofit 2. Temporary relocation 3. Moving costs (Out and back into the POB) For past seismic retrofit projects, temporary relocation and moving costs were not included in the contractor's scope and bid price. Relocation has been handled by Buildings and Grounds staff or contracted separately. There is a substantial effort to restore the building and facilities to its pre- construction condition and to move out existing furniture to gain access to make seismic improvements. For this Project, the design included all relocation to be performed by the General Contractor. Staff included the relocation efforts in the Project based on the experience gained under the HOB seismic project. Including the relocation in this Project is recommended as in-house staff is unavailable. However, staff underestimated the relocation costs. Two bid schedules were included in the Project: 1) a base bid schedule which determines the basis of award; and 2) an additive bid schedule. The additive bid schedule from CWS includes: • Additive Bid Item 1: Fiber optic installation ($700,000) • Additive Bid Item 2: HOB public lobby, permit counter, and new public restroom ($340,000) • Additive Bid Item 3: An allowance for security and audio/visual improvements ($220,000) Staff recommends including Additive Bid Item 2 at$340,000 to the construction contract. As a point of comparison, the cost provided for this Additive Bid Item 2 from the second low bidder was $620,000. Including Additive Bid Item 2 ($340,000)for the HOB lobby, the total amount of the construction contract award will be $5,665,000. Staff does not recommend including Additive Bid Items 1 and 3. The fiber optic installation and allowance for security items will be packaged and bid as a separate project. Installing fiber optics is a specialized field and this work did not receive much interest as a part of the overall Project. Staff believes rebidding this work will likely result in cost savings. Staff will administer the construction contract and will provide contract management and administration, office engineering, and submittal review. Staff recommends retaining MWA Architects (MWA) and Complete Project Solutions to provide construction support for this Project because of their roles as the lead architect and structural firm in preparing the plans and specifications. Staff executed a professional engineering service agreement with MWA to prepare the design drawings and specifications for$453,340. A new agreement has been negotiated with MWA to provide architectural services during construction in an amount not to exceed $140,000. Inspection services will be provided under an existing as-needed agreement with Harvest Technical Services, I nc. Costs are expected to be $150,000. Specialty inspection is required by code for the structural steel component of this Project. Staff received proposals and selected Kleinfelder, Inc. to provide construction support at a cost ceiling of $100,000. ComputerLand will perform the IT migration work and the total cost is anticipated to reach $130,000. November 1, 2018 Regular Board Meeting Agenda Packet- Page 64 of 499 Page 5 of 36 Protest On September 17, 2018, Manito Construction, Inc. (Manito) submitted a timely bid protest (see Attachment 4). The protest was also forwarded to the lowest bidder, CWS. CWS responded to the protest in a letter dated September 20, 2018 (see Attachment 5). Manito raised two issues regarding responsiveness and a third issue related to CWS's responsibility. The responsiveness issues raised by Manito are that CWS did not properly initial changes to their bid forms and that two subcontractors were listed for the same work. Staff reviewed the submitted bid forms to determine responsiveness by CWS. Changes to CWS's bid forms were initialed by an authorized officer of CWS. Only a single subcontractor was listed for steel work in Section 4 - Bidder's Statement of Subcontractors. I n Section 3 — Bidder's Statement of Equipment, Material, Products, Manufacturers, and Suppliers, CWS listed steel material suppliers and fabricators. Staff's review concluded there was not a violation of public contract code and that CWS's bid is responsive. Manito's protest regarding responsibility argues that CWS does not have sufficient experience for this type of work.After reviewing Manito's claim and CWS's response letter, staff contacted CWS and the references listed in their bid form to confirm CWS's responsibility. Staff received a letter from CWS's bonding company that CWS would be bondable for the Project(see Attachment 6). Staff contacted CWS's listed experience references and confirmed their satisfactory performance. CWS's steel subcontractor, Delta Steel, was also contacted and confirmed their ability to perform and relevant experience. Staff informed Manito of the intention to recommend award of the construction contract to CWS and had subsequent discussions with Manito regarding CWS's relevant experience. Manito waived their right for an administrative hearing and informed staff that they do not intend to be present at today's Board meeting to actively pursue the protest. Staff has determined that CWS meets the required minimum qualifications, has acceptable experience, and recommends that the Board consider these factors and, based on the information provided, overrule the protest and award the construction contract to CWS. California Environmental Quality Act(CEQA): Staff has concluded that this Project is exempt from the CEQA under Central San's CEQA Guidelines Section 15301, since it involves minor alterations to existing public facilities involving no expansion of use. Approval of this Project will establish the Board's independent finding that this Project is exempt from CEQA. ALTERNATIVES/CONSIDERATIONS 1. The Board may elect to reject bids and postpone the construction of the POB Seismic Upgrades and Server Room Relocation to a future fiscal year. However, this is not recommended as this work is necessary for the public heath, safety, security, public facilities improvements, and IT infrastructure improvements stated in the Project. In addition, postponing the Project would likely increase the overall cost. 2. The Board may elect to not award the Additive Bid Item 2 for the HOB lobby. There are two essential needed improvements associated with the HOB lobby: 1) provide an ADA compliant public restroom within the public accessible area; and 2) expand the permit counter area to improve customer service. This alternative is not recommended as constructing these improvements at a later time would be more costly and the bid proposed by the lowest bidder is about half of what the second lowest bidder proposed. The Board can elect to not award the Additive Bid Item 2 for the HOB lobby, and instead direct staff to provide an ADA compliant public restroom within the lobby by change order. This could be considered by November 1, 2018 Regular Board Meeting Agenda Packet- Page 65 of 499 Page 6 of 36 the Board, but it would not solve the need to expand the permit counter area to improve customer service. 3.The Board may elect to reject the bids, split the Project, and rebid at different dates. However, this is not recommended as this work is necessary for the public heath, safety, security, public facilities improvements, and for the IT infrastructure improvements stated in the Project, and the likelihood of obtaining lower prices is improbable. FINANCIAL IMPACTS The total estimated project cost is $8,125,000, which includes planning, design, bid prices, construction management, consultant costs, relocation costs, and contingency as detailed in Attachment 3. To fund this construction work, the General Manager will have to transfer$622,500 from the FY 2018-19 CI B Contingency account. This will result in a remaining balance of$877,500 to the CI B contingency account. Board authorization is required for the General Manager to transfer amounts above $500,000 in the Capital Program. Staff recommends that the budgets listed below be combined and tracked under the POB Seismic Upgrades (DP 7362) and Server Room Relocation (DP 8243). This Project includes tenant improvements, which will be funded out of the Property and Building Improvements, DP 8247. This will require the General Manager to transfer project budgets up to $1 million. Several projects have been included in the FY 2018-19 Cl B for this work, the budgets include the following: Estimated Total Project Budget POB Seismic Upgrades, DP 7362 $ 2,530,000 General Security and Access, DP 8207 700,000 IT Development, DP 8240 450,000 Server Room Relocation, DP 8243 1,835,000 Property and Building Improvements, DP 8247 1.987,500 Subtotal: $ 7,502,500 Transferfrom CIB Contingency Account .$622,500 Total: $8,125,000 COMMITTEE RECOMMENDATION The Engineering and Operations Committee reviewed this subject at its meeting on September 17, 2018, and recommended approval of this project to the Board. The bid protest was received on the day of that meeting and was not discussed. RECOMMENDED BOARD ACTION Staff recommends the following: 1. Find that the Project is exempt from CEQA; 2. Reject bid protest by Manito Construction, Inc.; 3. Award a construction contract in the amount of$5,665,000 (Base Bid and Additive Bid Item 2)for the construction of the Plant Operations Building Seismic Upgrades and Server Room Relocation, DP 7362 and DP 8243, respectively, to CWS Construction Group, Inc., the lowest responsive bidder; November 1, 2018 Regular Board Meeting Agenda Packet- Page 66 of 499 Page 7 of 36 4. Authorize the General Manager to execute professional engineering service agreements with MWA Architects in an amount not to exceed $140,000, and Kleinfelder, I nc. in an amount not to exceed $100,000; 5. Authorize the General Manager to execute a technical service agreement with ComputerLand in an amount not to exceed $130,000; 6. Authorize the General Manager to execute Contract Documents subject to submittal requirements and include up to a ten-percent contingency; and 7. Authorize the General Manager to transfer up to $1 million from the Capital Program for these construction projects. Strategic Plan re-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness GOAL TWO: Strive to Meet Regulatory Requirements Strategy 1 - Strive to achieve 100%permit compliance in air, water, land, and other regulations GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility Strategy 2- Manage costs GOAL FOUR: Develop and retain a highly trained and innovative workforce Strategy 3- Meet or exceed industry safety standards GOAL FIVE: Maintain a Reliable Infrastructure Strategy 3- Protect District personnel and assets from threats and emergencies GOAL SIX: Embrace Technology, Innovation and Environmental Sustainability Strategy 1 -Augment the region's water supply ATTACHMENTS: 1. Project Location Map 2. Summary of Bids 3. Post Bid/P reconstruction Estimate 4. Manito Protest Letter 5. CWS Protest Response 6. CWS Bond Letter 7. Presentation November 1, 2018 Regular Board Meeting Agenda Packet- Page 67 of 499 Page 8 of 36 2' N, � .l7 z \ 00 *'0 o 0 POB STAGING MPR AREA MAIN GATE o 0 �a ° 1 11110 11160 o � - o o0 OHOB LOBBY a� NEW SERVER ROOM AREA MAP Ni 0 250 � FEET Central Contra Costa Attachment Y Sanitary District POB SEISMIC UPGRADES & SERVER ROOM RELOCATION 1 o District Projects 7362 & 8243 - Project Location M. . November 1, 2018 Regular Board Meeting Agenda Packet- Page 68 of 499 Page 9 of 36 ATTACHMENT 2 PLANT OPERATIONS BUILDING (POB) SEISMIC UPGRADES & SERVER ROOM RELOCATION DISTRICT PROJECTS 7362 & 8243 SUMMARY OF BIDS PROJECT NO.: 7362/8243 NO. OF ADDENDA: 3 DATE/TIME: SEPTEMBER 10, 2018/2 PM PROJECT NAME: POB SEISMIC UPGRADES & SERVER ROOM RELOCATION PROJECT MANAGER: NATHAN HODGES PROJECT LOCATION: 5019 IMHOFF PLACE, MARTINEZ, CALIFORNIA ENGINEER'S EST.: $4,800,000 NO. BIDDER BID PRICE 1 CWS Construction Group, Inc. $5,325,000 Novato, CA 2 Manito Construction, Inc. $5,981,000 Pleasanton, CA 3 Bobo Construction, Inc. $6,251 000 Elk Grove, CA ' BIDS OPENED BY: /s/ Katie Young DATE: September 10, 2018 November 1, 2018 Regular Board Meeting Agenda Packet- Page 69 of 499 Page 10 of 36 ATTACHMENT 3 PLANT OPERATIONS BUILDING SEISMIC UPGRADES AND SERVER ROOM RELOCATION DISTRICT PROJECTS 7362 AND 8243 POST-BID/PRECONSTRUCTION ESTIMATE No. Item Description Amounts % of Construction Cost 1. CONSTRUCTION a. Base Bid Items $5,325,000 b. Additive Bid Item HOB Lobby $340,000 c. Contingency at 10% $530,000 d. IT Migration $130,000 e. Equipment and Furniture $120,000 SUBTOTAL - CONSTRUCTION $6,445,000 100% 2. CONSTRUCTION MANAGEMENT a. District Forces - Construction Management $300,000 - Operations/IT Support $50,000 b. Consultants - MWA Architects $140,000 - Inspection $150,000 - Special Inspection $100,000 - Abatement Consulting $10,000 - Air Testing and $30,000 Clearance SUBTOTAL - CONSTRUCTION MANAGEMENT $780,000 12.1% 3. PREBID EXPENDITURES a. Engineering and Operations Support $900,000 (Planning, Design, Consultant Fees) SUBTOTAL - PREBID EXPENDITURES $900,000 14.0% 4. TOTAL ESTIMATED PROJECT COST $8,125,000 November 1, 2018 Regular Board Meeting Agenda Packet- Page 70 of 499 N manito construction inc. VIA FAX AND US MAIL September 17,2018 Central Contra Costa Sanitary District Secretary of the District Katie Young 5019 Imhoff Place Martinez,CA 94553 Subject: Plant Operations Building Seismic Upgrades& Server Room Relocation, District Projects 7362& 8243 Bid Protest Secretary Young: This letter is to serve as Manito Construction's official bid protest regarding District Projects 7362&8243 with a bid opening on Monday, September 10,2018 at 2:00pm. At the time of the bid opening,the apparent low bidder was listed as CWS Construction Group,Inc. Upon our review of the bid results posted on the District's website and the copy of the apparent low bidder's bid forms emailed to us by the District on September 12th we have noticed three issues on CWS's bid proposal that we believe should render CWS's bid non-responsive. The three items are a lack of experience qualifications,apparent listing of two subcontractors for the same scope of work and failure to initialize errors on the bid form in the required manner. First, Section 5 of the Bid Forms,titled Bidder's Statement of Experience,sets forth the Bidder's experience qualifications. Item No.2 of Addendum No. 3 of the Bid Forms specifies the following experience requirements: "To meet the experience required for the proposed Project, the Bidder shall have completed at least one similar project involving commercial or industrial seismic retrofit,and two(2)or more projects involving commercial or industrial tenant improvements." On review of the apparent low bidder's bid documents it can be seen that the apparent low bidder has not met the seismic retrofit requirement. The experience listed by the apparent low bidder references two projects with seismic experience. The value of the first is$450,000 and the value of the second is$917,000. Based on the description of two projects it is unclear exactly how much seismic retrofit work was required by the projects. The description for the first project is difficult to read but seems to note it as a safety TI and seismic retrofit. With a$450,000 value and a description unclear with regards to the seismic work actually completed it does not compare to a$5M to$6M project with significant seismic work. The size of the listed project is less than 10%of the overall size of the Subject project. This is not a"similar project"by any measure. The description for the second project seems to be include seismic retrofit for roof and HVAC work. Again, it is unclear as to how much or how significant the seismic retrofit work was to the overall project. And,with a contract value of$917,000 it is only about 17%of the overall cost of the Subject project. Again,this is not a"similar project"by any measure. The failure of the apparent low bidder to meet the project experience requirements means that their bid must be deemed non-responsive. 1228 Quarry Lane, Suite I, Pleasanton,CA 94566 p/925.600.0220 f/925.600.1098 We are an equal opportunity employer License No. 730162 November 1, 2018 Regular Board Meeting Agenda Packet- Page 71 of 499 Accepting CWS's bid expressly contravenes the Bidding Documents and will negate the quality controls intended by those bidding documents to ensure that this time sensitive project is completed by a properly experienced contractor. Second, it is unclear from CWS's bid forms what Subcontractor is being listed for the Steel Work. On the list of the Bidder's Statement of Subcontractors we find that Delta Steel is listed for the Structural Steel&Decking work but on the Bidder's Statement of Equipment,Material, Products,Manufacturers,and Suppliers CWS lists East Bay Steel Erection for the"Field Erection"of the structural steel. If East Bay Steel Erection is performing the Field Erection work they should have been listed as a Subcontractor on the Bidder's Statement of Subcontractors. It is simply unclear what CWS's intent is with the steel subcontracting work. Public Contract Code 4104(b)states that "The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid." Furthermore, section 4106 prohibits the listing of more than one Subcontractor for a portion of the work. In accordance with 4106, if a Prime Contractor does list more than one Subcontractor for a portion of the work the Prime Contractor agrees that he or she is fully qualified to perform that portion himself or herself. 4106. If a prime contractor fails to speck a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractors total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prune contractor shall perform that portion himself or herself. If after award of contract, the prime contractor subcontracts, except as provided,for in Sections 4107 or 4109, any such portion of the work, the prime contractor shall be subject to the penalties named in Section 4111. And, section 4105 of the Public Contract Code specifically prohibits the listing of a Subcontractor who will then sublet portions of the work with the intent to circumvent the intent of the subcontractor listing laws. It is unclear in this case if there is an intent to sublet work but it begs the question as to what CWS's intent is in the bid documents. The Public Contract Code does not allow for ambiguity in the listing of Subcontractors. Finally, upon review of CWS's bid proposal we find that CWS has failed to initial or not correctly initialed all changes in the Schedule of Bid,Additive Bid Schedule"II"and other sections of the bid forms in the required manner. Corrections to bid pricing on CWS's proposal were initialed with letters not matching the Bidder's name and signature or were not initialed at all(see pages 24,25,27 and 28 of the CWS bid forms). This is a failure to follow the District's bid requirements which includes a note located at the bottom pages 24 and 25 where it states that "Bidder must initial ALL changes in Schedule of Bid". The District cannot now change the rules set forth in its own Bidding Documents by awarding the Contract to a bidder that does not submit their bid in accordance with the Bidding Documents. A basic rule of competitive bidding is that bids must conform to specifications and bidding documents and that if a bid does not so conform, it may not be accepted. 47 Ops.Cal.Atty.Gen 129, 130(1966),quoted with approval in National Identification Systems, Inc. v. State Bd. of Control(1992) 11 Cal.App.411 1446, 1453; Ghillotti Construction Co. v. City of Richmond(1996) 45 Cal.App.4 b 897,904-905;and Konica Business Machines U.S.A., Inc. v. Regents of the University of California(1988)206 Cal.App.3d 449,454(bidders must strictly comply with bid requirements). A bid that varies materially from the bidding instructions must be rejected. Id.at November 1, 2018 Regular Board Meeting Agenda Packet- Page 72 of 499 47 Ops.Cal.Atty.Gen. 130. To be responsive, a bid must be in strict and full accordance with the material terms of the bidding instruction. Taylor Bus Serv., Inc. v. San Diego Board of Education (1987) 195 Cal.App.3d 1331. Moreover,a public agency must follow its own rules in awarding public contracts. Pozar v. Dept. of Transportation,(1983) 145 Cal.App.3d.269,271-272. Based on the information we have presented, it is clear to us that the District should reject the bid provided by CWS Construction Group,Inc. as it is invalid,does not meet the requirements of the bid documents and does not meet the requirements of the Public Contract Code. If you have any questions,please call me at 925-600-0220. Sincerely, Jeff Perko,President Manito Construction,Inc. Cc file Feliciano Mata,Estimator I Project Manager CWS Construction Group,Inc. November 1, 2018 Regular Board Meeting Agenda Packet- Page 73 of 499 Page 14 of 36 CWS Construction Group Inc September 20, 2018 Central Contra Costa Sanitary District Nate Hodges Regarding: Bid protest letter from Manito Construction Inc. Hello Nate, In response to Manito Construction Inc's (Manito) protest letter date September 17, 2018: Manito's claims are false and undocumented. CWS Construction Group Inc (CWS) is aware that it is up to CCCSD to make the decisions based on the facts presented so we offer the following: As for experience, Manito has no way to determine CWS experience level. Manito is clearly trying to weasel there way into a project they overbid by hoping to get lucky by making false claims. CWS has performed work within the CCCSD compund and successfully worked with staff, management, inspectors etc... Charlie Slack the President of CWS has 30 years in Public Works Construction. Tony Del Pino (superintendent- assigned to the project) has 25 in Public Works Construction. Both have extensive seismic retrofit, new construction and management experience in the SF Bay Area and have been involved with dozens of projects in the 5-20 million dollar range. CWS, has completed dozens of jobs and multiple multi million dollar projects within the last several years without fail, claims or judgements. Manito, claims that the bid should be rejected and that the failure of the apparent low bidder to meet the project experience requirements means that their bid must be deemed non - responsive. This is not true. There is a distinction between responsiveness and responsibility. I refer you to an article by the engineering contractors association: https://ecasocal.org/constraints-on-bidder-experience-requirements/ "At the outset, there are two separate legal concepts involved here: First is bid November 1, 2018 Regular Board Meeting Agenda Packet- Page 74 of 499 Page 15 of 36 responsiveness; second is bidder responsibility. Bid responsiveness is a determination whether the bid did, and promises to do, what the bidding instructions demand (D.H. Williams Construction, Inc. v. Clovis Unified School District (2007) 146 CA4th 757, 763-64). In other words: Was the bid timely; was the bid complete, including bid bond, subcontractor listing, non-collusion declaration and other submittals required by the bid instructions; and does the bid promise to perform the work as required by the plans and specifications? Bidder responsibility is a determination of the bidder's trustworthiness, quality, fitness, capacity and experience necessary to satisfactorily perform the contract (Public Contract Code § 1103). (Obviously, CWS's bid is responsive) An evaluation of a bidder's experience is a matter of bidder responsibility, not bid responsiveness. The statement in the bid instructions quoted above, that a bid which fails to include the requested experience information may be deemed non-responsive, does not recast the evaluation of a bidder's experience into a matter of bid responsiveness. Public Contract Code § 1103 clearly makes an evaluation of bidder experience a responsibility issue; it defines a "responsible bidder" as one "who has demonstrated . . . experience to satisfactorily perform the public works contract." (CWS past project with CCCSD and dozens of other public works agencies proves we are responsible) The distinction between responsiveness and responsibility is important. City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court (1972)7C3d861, 871, requires the awarding authority to conduct a"quasi-judicial proceeding prior to rejection of the low- monetary bidder as a non responsible bidder." At that hearing the awarding authority must point out the evidence on which it is relying, "and permit [the bidder] to present evidence that he is qualified to perform the contract." Inevitably, that hearing will include exploration of the qualifications of key personnel proposed to work on the project. See Great West Contractors, Inc. v. Irvine Unified School District (2010) 187 CA4th 1425, 1455-57, for a recent application of these principles. The test of an experience requirement is whether the particular experience is reasonably required to satisfactorily complete the specific project or whether, on the other hand, the requirement unreasonably forecloses otherwise qualified bidders from competing for the contract. If the latter, then the experience requirement defeats the essential purposes of competitive bidding, which are spelled out in Public Contract Code § 100: "[1]t is the intent of the Legislature in enacting this code to achieve the following objectives . . . (c) To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices [ [and] (d) To eliminate favoritism, fraud, and corruption in the awarding of public contracts." Manito's claim is not a valid reason for a bid protest and or rejection of a bid. As for the listing of the steel contractor - we do not know what Manito is inquiring about. Manito is not looking at the bid form correctly. For clarity: The sublist only has only steel contractor - Delta Steel. November 1, 2018 Regular Board Meeting Agenda Packet- Page 75 of 499 Page 16 of 36 Item D prime contractors or subcontractors similar project questionnaire reads; The prime contractor OR proposed subcontractor that proposes to perform the work associated with STRUCTURAL STEEL shall submit the following information to show that it has performed projects similar to the scope of work called for in the bid. CWS is not performing the structural steel work, and its listed subcontract Delta Steel construction provided all the pertinent information that section D asks for. Second, as clearly shown on the subcontractors list CWS Construction Group Inc. listed Delta Steel for the Structural steel and metal deck work. The bidders statement of equipment, material, products, manufacturers and suppliers has a prefilled out line for the Structural Steel material. CWS had our subcontractor Delta Steel fill this out and they also provided the names of their fabricators and any second tier contractors. The bidders statement of equipment, materials, products and manufacturers is in no way a subcontractors list and should not be construed as so. As for the initials on the bid form - B.S Is Barbara Slack an officer in CWS Construction Group Inc corporation - therefore has the ability to initial/sign on CWS behalf. In addition, clearly there was no collusion, fraud or bid advantage for CWS. CWS looks forward to another successful project with CCCSD on this project. So please call me with any other questions of concerns. Thank you, Charlie Slack, President CWS Construction Group Inc November 1, 2018 Regular Board Meeting Agenda Packet- Page 76 of 499 Page 17 of 36 Endurance ENDURANCE INSURANCE September 24, 2018 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: CWS Construction Group, Inc. —Confirmation of Bonding To whom it may concern: Endurance Assurance Corporation (EAC) is the current surety for CWS Construction Group, Inc. (CWS). This letter is intended to confirm that EAC is able to execute performance and payment bonds for CWS upon receipt of award notice, contract and bond forms for our review and approval. Sincerely, Endurance Assurance Corporation Bryan Richmond Attorney-in-Fact Endurance Insurance 750 Third Avenue,2nd Floor,New York, NY 10017,U.S. +1.212.209.6500 www.endurance.bm November 1, 2018 Regular Board Meeting Agenda Packet- Page 77 of 499 Page 18 of 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of NAPA ) On SEPTEMBER 24, 2018 before me, K. M. WILLBACK, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared BRYAN RICHMOND Name(s) of Signer(V who proved to me on the basis of satisfactory evidence to be the person(s) whose name(O is/ArwX subscribed to the within instrument and acknowledged to me that he/sIWexecuted the same in his/fteDttmir authorized capacity(i*,and that by his Akemtsignature(s)on the instrument the persons), or the entity upon behalf of which the person(§) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. K.M.WILLBACK ' Notary Public-California V-jz. NaF•'County = Signaturei�=� �!+ " Commission=�e�bl�"','J2022 28 My comm.Expires f (' Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 November 1, 2018 Regular Board Meeting Agenda Packet- Page 78 of 499 ENDURANCE ASSURANCE CORPORATION Page 19 of 36 119 POWER OF ATTORNEY 4-ww adWen 6'these event, that ENDURANCE ASSURANCE CORPORATION,a Delaware corporation(the'Corporation'),with offices at 4 Manhattanville Road,3rd Floor, Purchase,NY 10577,has made,constituted and appointed and by these presents,does make,constitute and appoint CLAY THOMPSON,ROBERT E.CHOVICK,JEFFREY D. ERICKSON,BRYM RICHMOND,KAREN M.WILLBACK its true and lawful Attomey(s)-in-fact,at NAPA in the State of CA and each of them to have full powerto actwithout the other or other;,`G make;execute-and deliver on its behalf,as surety or co-surety;bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid;renevlali;EN ensions;ag Eementsr waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and de0ereid shalloblgate`t—e Corpora6l'fiir•any portion of the penal sum thereof in excess of the sum of TEN MILLION Dollars($10,000,000). Such bonds and undertakings for said purposes;,when duly executed by said attomey(s)-in-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its,capo*seal attested by its Corporate Secretary. This appointment is made o*,and by authority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 9th of January,2014,a copy of which appears:belovif ndT the heading entitled'Certificate". This Power of-Attorney is signed_and sealedbyfacsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on January 9,2614 and said resoliition has not since been revoked,amended or repealed: RESOLVED,that in gg anting'powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January 9,2014,the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 16th day of June,2017 at Purchase,New York. (Corporate Seal) J ENDURANCE ASSURANCE CORPORATION ATTEST ByRR�ttI�J�j MARIANNE L.WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT STATE OF NEW YORK ss:PURCHASE COUNTY OF WESTCHESTER On the 16th day of June,2017 before me personally came SHARON L.SIMS,SENIOR VICE PRESIDENT to me known,who being by me duly swom,did depose and say that(s)he resides in SCOTCH PLAIRS;-NEW JERSEY that(s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION,the Corporation described in and which executed the above instrument;'that(s)he knoivst&seal&said Corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporatjon„and that(s)he'signeA fus((1er),name thereto by like order. (Notaifal�S •y0 +� �'i 4'FBE633a84t r L4• QUALIFIED tNYO-AX Got � : �C,Om t. @Xg STY: .� ` t zfQTf20i9 ••r Nicholas James Benenati,Notary Public-My Commission Expires 1210712019 CERTIFICATE STATE qLF fJE1N Y(W,S L•' {�.s's:PURCHASE COUNTY OF WESTGHESTER-,4 I,CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION,a Delaware Corporation(the'Corporation"),hereby certify: 1.That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked,amended or modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2.The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January 9,2014 and said resolutions have not since been revoked,amended or modified: 'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or obligations in surety or co-surety with others: CHRISTOPHER DONELAN,SHARON L.SIMS,MARIANNE L.WILBERT And be it further;;;+:;`�:'E`�r;<r RESOLVED,tgateach.oftheIridMduals`named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or obligations in surety xir`cp=surety for,=4,bn behalf of the_Caporation” 3.The undersigned further cer&6k64f tfie;$bove resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WItNESS WHEREOF]have hereunto setmy hand and affixed the corporate seal this 24 day of SEPT ,20 18 . (Corporate Seal) C, nn n CHRISTOPHER DONELAN,PRESIDENT Any reproductions are void. Primary Surety Claims Submission:suretybonddaims@@mmpo-intl.com Surety Claims Hotline:877-676-7575 Mailing Address:Surety Claims Department,750 Third Avenue-101h Floor,New York,NY 10017 November 1, 2018 Regular Board Meeting Agenda Packet- Page 79 of 499 POB SEISMIC UPGRADES, DP 7362 { & SERVER ROOM RELOCATION, DP 8243 UPDATE Board Meeting November 1, 2018 _ .— Jean-Marc Petit !, Director of Engineering and Technical Services Edgar J. Lopez Capital Projects Division Manager PROJECT BACKGROUND • Several key Project elements were identified over the past nine years in CIBs,2009 Seismic Study,reaffirmed as part of CWMP and Security Study in 2017 • RFP issued for preliminary design consultant in 2016 for the server room following flooding and damage to the servers in the basement • RFP issued for design consultant in 2017 for the POB seismic project and general facility improvements • MWAArchitects selected and design contract awarded on May 18,2017 for combined Project • Combined POB Seismic Upgrades,DP 7362 and Server Room Relocation,DP 8243 into one bid package • Project combines and is funded from many CIB projects and programs • Completed Design over the past 14 months(May 2017—July 2018) • Previously presented to E&O Committee on July 9,2018 for an update on project status and recommendation approval to advertise project to bid.Presented to Board on July 19,2018 for approval to advertise project to bid • Completed Design and Advertised for Bid on July 31 and August 5,2018 • Opened Bids on September 10,2018 • Presented to Engineering&Operations Committee on September 17,2018 ` z 1 ISSUES AND CONCERNS TO BE ADDRESSED BY THIS PROJECT: 1. Seismic deficiencies associated with the POB, MPR (also used as the Emergency Operations Center), Board Room, and Operations staff offices and main control room, and asbestos abatement required in the ceiling plenums; 2. Identified risks (seismic and security)associated with increased use of the MPR for Central San meetings, public use, and Emergency Operations Center(EOC); 3. Unreliability and risk of interrupted services (business and plant operation)associated with the location of the IT server room currently located in flood prone basement; 4. Deficiencies and ADA compliance of public restrooms in MPR and HOB lobby; 5. Increased daily demand on permit counter; and 6. Security concerns identified with HOB lobby and MPR. 3 CENTRAL SAN _ ❑ Staging Area i - POB Main Gate ❑ `o' MPR 1 ❑ 1f+, L tf d � Ilf ff 1' 111 fl Ten•poraryPOD 1 '.._ Staff Relocation Improvements - \\ ---- —_ _ Temporary P00 ' New Senreq Staff Relocation = Room �- -AREA M aso +ry o Costa POB SEISMIC UPGRADES&SERVER ROOM RELOCATIONS r�c,i,ir.tic DISTRICT PROJECT 7362&8243 1 PROJECT LOCATION ` a 2 ISSUES AND CONCERNS TO BE ADDRESSED BY THIS PROJECT: 1 . Seismic deficiencies and risks associated with the POB, MPR (also used as the EOC), Board Room and Operations staff offices and main control room, and asbestos abatement required in the ceiling plenums; and 2. Identified risks (seismic and security) associated with increased use of the MPR for Central San meetings, public use, and EOC. 5 CENTRAL SAN SEISMIC RETROFIT PROGRAM (10-YEAR PLAN) WWI Concord Fault.. F Line to Fault .13 mites or—709& ; P�unp k Blower Bldg tv Flrvlt lids Bldg to Paull j 413d"m--d.04;-i fl .�, � A POB Facility H to Fault 80 miles or 4,214 A Concord Fault is less than a mile from Central San Facilities r 6 CENTRAL SAN 3 PROJECT BACKGROUND ASSOCIATED WITH SEISMIC UPGRADES 2009 Seismic evaluation of Central San facilities: • 2007 California Building Code adoption • Treatment plant facilities—buildings and structures • Included other Central San facilities POB (including MPR and Board Room) is part of an ongoing program of seismic upgrades in the Capital Improvement Plan: • 4737 Imhoff Place—Completed prior to 2014 • HOB—Completed in 2014 • Pump and Blower Building—Completed in 2018 • Solids Conditioning Building included in the Solids Handling Facility Improvements Project and scheduled for 2020 • Other facilities(i.e. Laboratory, Plant Maintenance and Mechanic Shop) in future years and planned as part of 10-year CIP POB SEISMIC UPGRADES Project Benefits: • Increased safety for Operations and Maintenance staff • Increased reliability for control room (24-hr continuous occupancy and operation) • Increased protection to plant servers and data center • Improvements to MPR facilities, which serves as our plant and local EOC, and the public Project Scope: • Column strengthening, steel braces, and collector beams • Security improvements and ADA compliant public restrooms • Floor plan modifications due to demolition work • Abatement work for asbestos containing materials • Cost-effective staff relocation to existing facilities and temporary trailers CENTRALSAN 4 POD AND MPR SEISMIC IMPROVEMENTS POD Offices and Facilities Basementti -• - -I - ,:�� ems_ ' db ——f — B and o Go trol oom an POD Of ices 71 ■ g ISSUES AND CONCERNS TO BE ADDRESSED BY THIS PROJECT: 3. Unreliability and risk of interrupted services (business and plant operation) associated with the location of the IT server room currently located in flood prone basement 10 CENTRAL SAN 5 SERVER ROOM RELOCATION PROJECT Project Background: • Servers currently located in the POB basement subject to failure ! E f. f due to water damage in existing I e location ,E f' • Current location vulnerable (water and seismic risks) � .l e ! • Pre-design work recommended moving room and other eco improvements to address resiliency, security, and future New Se ver Room = growth CENTRAL SAN r' SERVER ROOM RELOCATION PROJECT Project Scope: • New location outside, adjacent to the POB (reason to combine effort with overall seismic project) • Accommodate electrical needs and UPS power systems for standby power • New energy efficient cooling systems and lighting • Install building and security improvements to enhance resiliency • Relocate business and plant networks and IT equipment • Migration plan to move IT equipment designed to minimize disruption AK CENTRALSAN r' 6 SERVER ROOM ' .. •����.{ .mow._......... _ fiq - 4wMLMOTii - - --------I :- - �- --- - WMAWRM OIL13 SERVER ROOM ADDITION HALLWAY =_ — IT Sta - SkMA ROM I WAUW�r wnaw w•yn h � �R3 m®� -- -- A7.01 ` 14 7 ISSUES AND CONCERNS TO BE ADDRESSED BY THIS PROJECT: 4. Deficiencies and ADA compliance of public restrooms in MPR and HOB lobby 15 CENTRAL SAN MPR AND LOBBY PUBLIC ACCESSIBLE ADA RESTROOMS IMPROVEMENTS MPR Public Restrooms: Lobby Public Restroom: I IL I I I 6NN I cias i _ 100 as i kJ c� (I CONSTTN ON PIAN I ICE _ _ vnssnc 105 E 16 8 ISSUES AND CONCERNS TO BE ADDRESSED BY THIS PROJECT: 5. Increased daily demand on permit counter; and 6. Safety concerns identified with HOB lobby and MPR. Aw) 1 CENTRAL SAN PERMIT COUNTER IMPROVEMENTS Benefits/Features: Remove the door to permit counter to improve access • Increase counter space and length to serve more Increased customers Fj Permit Better integration between Counter reception desk area and Space and o permit counter for better Accessibility space utilization and customer service Provide computer kiosk to allow customer access to publicly available data New procedures for handling large group check-in procedures to avoid crowding and lobby noise • Improvements to address security with the counter reconfiguration t,e _ 9 PROJECT COST AND SCHEDULE r 19 BID TABULATIONS ATTACHMENT2 PLANT OPERATION 5 BUILDING IPOB}SEISMIC UPG FADES &SERVER ROOM RELOCATION DISTRICT PROJECTS 7382&8243 SUMMARY OF BIDS PROJECT NO.:735278243 NO.OF ADDENDA: 3 DATEFTIME:SEPTEMBER 19.2018+2 PM PROJECT NAME: POB SEISMIC UPGRADES&SERVER ROOM RELOCATION PROJECT MANAGER: NATHAN HODGES PROJECT LOCATION:5019 IMHOFF PLACE,MARTINEZ,CALIFORNIA ENGINEERS EST.: 54.800.000 N4. BIDDER BID PF10E 1 CWS Construction Group,Inc. $5,325,000 Novato,CA &LF11k,8Grmve. Manito Construction.Inc. $5,981,000 ton.CA ortsuuction.Inc.CA 20 10 PROJECT PRICE DIFFERENTIAL • The seismic upgrade, server room, and abatement asbestos removal costs were within the Engineer's estimate with CWS's bid. • $525,000 Differential between Engineer's estimate and base bid The following are the items that were higher from the Engineer's estimate: 1. Extent of protection and restoration required by seismic retrofit 2. Temporary relocation 3. Moving cost (Out and back in the POB) ` 21 PROJECT BUDGET ATTACHMENT) PLANT OPERATIONS BUILDING SEISMIC UPGRADES AND SERVER ROOM RELOCATION DISTRICT PROJECTS 7362 AND 8243 POST-BIDIPRECONSTRUCTION ESTIMATE Na. It—D-mpli0n Amounts %of Consuuctian C- 1.CONSTRUCTTON a Base Bid ITens $5,325,000 b_Additive Bid Item HOB Lobby $340,000 e Cw9ingenq-110% $530,000 d_IT Migration $130,000 e_Equipment and Fumi4ue '120 000 SUBTOTAL-CONSTRUCTION $6,465,000 100% 2.CONSTRUCT I ON MANAGEMENT a.D�tiiM Fnre� -Cons d-Marugement $300,000 -OperationellT Support $50,000 b_Consullanls -MWA Ardrilects $740,000 -mspedi- $750,000 -Special Inspection $100,000 -Aaaiement ConsAmg $10,000 -Air7—ting and $30.00 00 G SUBTOTAL-CONSTRUCTION MANAGEMENT 5780,000 12.1% 3.PREBIB EXPENO[TURES a Engin nrg and Operations Suppon 59900 000 (Planrirg,Design,Consultant Fees SUBTOTAL-PREBID EXPENDITURES 5900000 140% 4 TOTAL ESTIMATED PROJECT COST $8,125,000 22 11 FINANCIAL IMPACT Several projects have been included in the FY 2018-19 Capital Improvement Budget(CIB)for this work, the budgets include the following: Estimated Total Project Budget POB Seismic Upgrades,DP 7362 $2,530,000 General Security and Access,DP 8207 700,000 IT Development,DP 8240 450,000 Server Room Relocation,DP 8243 1,835,000 Property and Building Improvements,DP 8247 1,987,500 Subtotal: $7,502,500 Transfer from CIB Contingency Account $622,500 Total: $8,125,000 .`•23 CENTRALSAN PROJECT IMPACTS 1. IT Equipment relocation is critical, received proposals from professional IT migration services: • Migration will take place at completion/acceptance of construction • Specialized, experienced network equipment company 2. Temporary staff relocation during construction and abatement: • Several groups will be relocated to the HOB or other locations • Temporary office trailers will be provided as needed and coordinated with the construction activities to minimize rental fees • Board Room will have minimal impacts, no meetings changed. Caucus Room will be impacted for about 3 months • MPR will be closed for several months • Control room will have access for Operators throughout construction ` 24 CENTRALSAN r' 12 PROJECT MEETS VISIONS, MISSION, AND VALUES OF CENTRAL SAN VALUESVISION, MISSION, OUR OUR VALUE$ PROJECT MEETS SEVERAL KEY GOALS OF CENTRAL SAN'S LATEST STRATEGIC PLAN Frei Yr 7ao-m Sr nw Pu STRATEGIC Q PLAN �q cra.,a.R ®FY 2018-20 _r Frsuc VEM 2BIB M g A .ice cis 26 f.. 13 PROJECT MEETS STRATEGIC PLAN GOALS FISCAL YEAR 2018-20 GOALS Prov€de exceptional customer service and maintain an excellent reputation In the community Strive to meet regulatory requirements Be a fiscally responsihle and effective wastewater utility1 ®Recruit,develop,and retain a highly trained and safe workforce ' alntaln a reliable Infrastructure Embrace technology,InnoVatlonr and environmental sustainability ` n SUMMARY OF IMPROVEMENTS AND ASSOCIATED BENEFITS FOR CENTRAL SAN BY THIS PROJECT: 1. Seismic improvements will provide safety for employees and increase resiliency of structure and critical components in the POB, Board Room, MPR, and Operations staff offices; 2. Minimize exposure of risks (seismic and security)associated with increase use of the MPR for Central San meetings, public use, and emergency response center; 3. Eliminate unreliability and risk of interrupted service associated with the location of the IT server room currently located in the flood prone basement; 4. Remove deficiencies and provide ADA compliance by adding public restrooms in MPR and lobby; 5. Improve efficiency and customer service of permit counter as a result of increased demand; and 6. Address safety concerns identified with lobby. z8 CENTRAL SAN 14 CURRENT SCHEDULE • Prepare 100% Bid Documents July 2018 • Bid Advertisement July/August 2018 • Bid Opening September 10, 2018 • E&O Presentation September 17, 2018 • Board Presentation and Award November 1, 2018 • Construction Notice to Proceed December 2018 • Relocate POB Staff January 2019 • Complete Construction October 2019 29 CENTRAL SAN BOARD ACTIONS AND RECOMMENDATIONS Staff recommends the following: 1. Find that the Project is exempt from CEQA; 2. Reject bid protest from Manito Construction, Inc.; 3. Award a construction contract in the amount of$5,665,000(Base Bid and Additive Bid Item 2)for the construction of the Plant Operations Building Seismic Upgrades and Server Room Relocation, DP 7362 and DP 8243,respectively,to CWS Construction Group, Inc.,the lowest responsive bidder; 4. Authorize the General Manager to execute professional engineering service agreements with a)MWA Architects in an amount up to$140,000; b) Kleinfelder, Inc.in an amount up to$100,000;and Authorize the General Manager to execute a technical service agreement with ComputerLand in an amount up to$130,000; 5. Authorize the General Manager to execute Contract Documents subject to submittal requirements and include up to a ten-percent contract contingency; and 6. Authorize the General Manager to transfer up to$1,000,000 from the Capital Program for these construction projects. 30 15 QUESTIONS? CENTRAL SAN 16