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HomeMy WebLinkAbout05.a. BID BY H & R PLUMBING AND DRAIN CLEANING NONRESPONSIVE/AWARD A SERVICE CONTRACT AND AUTHORIZE THE GM TO EXECUTE CONTRACT DOCUMENTS DP NO. 036545ENG'I Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 4, 2010 No.: 5.a. Bids and Awards Type of Action: DECLARE BID NONRESPONSIVE/AWARD CONSTRUCTION CONTRACT/AUTHORIZE EXECUT-ON OF CONTRACT DOCUMENTS Subject: DECLARE BID SUBMITTED BY H & R PLUMBING AND DRAIN CLEANING NONRESPONSIVE/AWARD A SERVICE CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH RUSSELL WARNER, INC. FOR PROVIDING TV INSPECTION OF SANITARY SEWERS, DISTRICT PROJECT NO. 036545ENG Submitted By: Initiating Dept/Div.: Tom Godsey, ~ Engineering /Capital Projects Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: 99 .~ ~t ~ ~~~ ~~~ eY A. Antkowiak ~T. Pilecki A. Farrell es M. Kelly, ~/ neral Manager ISSUE: On January 14, 2010, three (3) sealed bids were received and opened for providing TV Inspection of Sanitary Sewers, District Project No. 036545ENG. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. Authorize the General Manager to execute the contract documents subject to SUBMITTAL requirements. RECOMMENDATION: Declare the bid submitted by H & R Plumbing and Drain Cleaning nonresponsive. Find that the project is exempt from the California Environmental Quality Act (CEQA), award a service contract, and authorize the General Manager to execute the Contract Documents subject to favorable review of insurance certificates, appropriate Contractor license, and any other required submittals (SUBMITTALS). FINANCIAL IMPACTS: Approximately $44,000 per year, or $132,875 for three years in several sewer renovation projects during design. ALTERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The Capital Projects Division needs to determine the condition of 90,000 feet of sanitary sewers within the collection system as part of the design of collection system capital projects. The purpose of conducting television inspection is to determine the condition of the existing pipe, location of laterals, and verify record information. This sewer TV inspection scope is timelier for design use than the data collected in the Sewer TV Inspection capital' project -collecting vital current data P:\CapitalProjects\Blanket Contracts\Contracts & Bid's\036545 - TV Inspection Sanitary Sewers\PP -Award Contract - Wamer.doc Page 1 of 3 POSITION PAPER Board Meeting Date: February 4, 2010 Subject: DECLARE BID SUBMITTED BY H & R PLUMBING AND DRAIN CLEANING NONRESPONSIVE/AWARD A SERVICE CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH RUSSELL WARNER, INC. FOR PROVIDING TV INSPECTION OF SANITARY SEWERS, DISTRICT PROJECT NO. 036545ENG regarding lateral connections, maintenance activities, and pipe condition. The results are used to evaluate alternatives during design and to minimize change orders during construction. Staff has found that bidding the television inspection work on a periodic basis, in this case for aone-year period with an option to add two additional years, results in a lower overall cost and a significant reduction in paperwork associated with negotiating and issuing separate contracts. The purpose of the bid request is to establish a unit cost for each portion of the work for certain potential projects, while obtaining the lowest overall cost for the District, and not a total lump-sum bid amount. District staff prepared the plans and specifications for the project. The Engineer's estimate for completion of TV Inspection of Sanitary Sewers is $150,000 over a three-year period. This project was advertised on December 9 and 15, 2009. Three (3) sealed bids ranging from $96,250 to $243,745 were received and publicly opened on January 14, 2010. A summary of bids received is shown in Attachment 1. The 'Engineering Department conducted a technical and commercial review of the bids and determined that the lowest bid was nonresponsive for two reasons: failure to acknowledge two addendas, and failure to complete the bid schedule. Thus, the bid submitted by Russell Warner, Inc. is the lowest responsive bidder with a bid amount of $132,875. The initial contract amount will be $44,000. District's staff may exercise options for additional one-year periods (up to two) at the bid prices, provided that the initial work is successful and the prices favorable to the District. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15262, since it will provide information for design of sewer improvements and will not have a legally binding effect on later activities. Authorization of the contract will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Staff recommends the following: Declare the bid submitted by H & R Plumbing and Drain Cleaning nonresponsive; find that the project is exempt from CEQA, award a service contract in the amount of $132,875 for the completion of the TV Inspection of Sanitary Sewers, District Project No. 036545ENG, to Russell Warner, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. P:\CapitalProjects\Blanket Contracts\Contracts & Bids\036545 - N Inspection Sanitary Sewers\PP -Award Contract - Warner.doc Page 2 of 3 ATTACHMENT 1 TV INSPECTION OF SANITARY SEWERS DISTRICT PROJECT 036545ENG SUMMARY OF BIDS PROJECT NO.: 036545ENG DATE: JANUARY 14, 2010 PROJECT NAME: TV INSPECTION OF SANITARY SEWERS PROJECT LOCATION: VARIOUS CITIES, CONTRA COSTA COUNTY, CALIFORNIA NO. OF ADDENDA: 2 ENGINEER EST.: $150,000 OVER ATHREE-YEAR PERIOD BIDDER BID PRICE H & R Plumbing & Drain Cleaning $96,250 3990 La Cima Road EI Sobrante, CA 94803 Russell Warner, Inc. ~ $132,875 2551 Albatross Way Sacramento, CA 95815 Nor Cal Pipeline Services $243,745 1459 Market Street Yuba City, CA 95992 BIDS OPENED BY/s/ Elaine Boehme DATE January 14, 2010 P:\CapitalProjects\Blanket Contracts\Contracts & Bids\036545 - TV Inspection Sanitary Sewers\PP -Award Contract - Warner.doc Page 3 of 3 6.a.i) Central Contra Costa Sanitary District January 28, 2010 TO: BOARD OF DIRECTORS VIA: JIM KELLY, GENERAL MANAGER (~,iANN FARRELL, DIRECTOR OF E INEERING FROM: ''00 TIM POTTER, ENVIRONMENTAL COMPLIANCE SUPERINTENDENT SUBJECT: INDUSTRIAL USERS IN SIGNIFICANT NON-COMPLIANCE FOR 2009 BACKGROUND The District is required to report Industrial Users permitted under the Source Control Program if they are issued a Notice of Violation during the calendar year. The federal pretreatment regulations establish criteria for agencies such as the District to use to determine if the violations of an Industrial User are classified as Significant Non-Compliance (SNC). If an Industrial User is determined to be in SNC, the District is required to publish certain information about the violation in the newspaper at least annually. In 2005, Source Control staff initiated a program, at the Board's request, to work more closely with the regulated businesses to understand the actions they could take to be in compliance and not be in SNC. This program has been successful and the number of businesses reported in SNC has been reduced. BUSINESSES IN SNC FOR 2009 Unfortunately, three Industrial Users were determined to meet the SNC criteria during calendar year 2009: • BART Concord Maintenance for copper limit violations • CONCO Companies for Oil & Grease limit violations • Nu West Textiles Group for Oil & Grease limit violations The information that will be published in the Contra Costa Times is included in the enclosed document. No presentation is planned. Staff will be available if there are questions. TP/mvp Enclosure N:\ENVRSRV\Source Control\Potter\Memos 2010\SNC for 2009.doc PUBLIC NOTICE CENTRAL CONTRA COSTA SANITARY DISTRICT NOTICE OF SIGNIFICANT NONCOMPLIANCE FOR 2009 Notice is hereby given that pursuant to the federal regulations contained in 40 CFR 403.8.f(2)(vii), the Central Contra Costa Sanitary District (District) is required to publish the names of all Industrial Users (IU) of the District's public sewer system that were considered to be in significant noncompliance (SNC) with applicable pretreatment standards or other pretreatment requirements during the 2009 calendar year. Federal regulations establish objective criteria for the District to use to determine if an IU is in SNC. Discharge Quality Violations The following IUs were found to be discharging process wastewater in violation of the District's Local Discharge Limits in a manner that met the definition of SNC: Industrial User Nature of Violation Bay Area Rapid Transit- Limit violations for copper from Concord Maintenance the discharge from the 1045 San Miguel Road maintenance buildings. The Concord, CA copper Local Discharge Limit (LDL) was significantly reduced effective 9/1/07. The IU also violated the LDL for Oil & Grease (mineral) that did not meet the SNC criteria. Follow-up Action Taken The District issued Notice of Violations (NOV) for the violations. The I U had upgraded the pretreatment system to improve the capability to treat the process discharge for copper. The system was started at a temporary location when the violations occurred. The pretreatment system was relocated to its permanent location and has been in compliance for samples taken. Re-sampling demonstrated that the IU returned to compliance. CONCO Companies Limit violations for Oil & Grease 5030 Imhoff Drive (animal/vegetable and mineral) Martinez, CA from the pretreatment system discharge. In addition, violations for reporting problems, failure to respond to the limit violations also occurred. Nu West Textile Group Limit violations for Oil & Grease 1990 Olivera Road, #C (animal/vegetable and mineral) Concord, CA from the industrial laundry discharge. In addition, violation for failure to report the limit violations also occurred. The District issued NOVs for the violations. The IU investigated the potential reasons for the violations and identified conditions within the pretreatment system that may have caused, or contributed to, interference with the analytical methods used for Oil & Grease. The IU committed to controlling for ' these conditions and to monitor the potential affect on subsequent analyses. Re-sampling demonstrated that the IU returned to compliance. The District issued NOVs for the violations. The IU initiated interim measures to control grease sources in the grease interceptor. Re-sampling and subsequent compliance monitoring documented that the IU returned to compliance. Reporting Violations No IUs were found to have violated reporting requirements of the District's Source Control Program in a manner that met the definition of SNC. -6..a.2) Central Contra Costa Sanitary District February 4, 2010 TO: BOARD OF DIRECTORS FROM: JAMES M. KELLY, GENERAL MANAGER ~~M RANDALL M. MUSGRAVES, DIRECTOR ADMINISTRATION SUBJECT: CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION (CCCERA) UPDATE UPDATE The CCCERA Board met on January 27, 2010 to "Consider and take possible action on setting a date for discussion and possible action regarding elements of pay to be considered in final compensation for calculation of retirement benefits". The CCCERA Board was in Closed Session for a significant length of time. Upon returning to Open Session, the Board reported that they would not be changing the calculation for the final year compensation for retirees and current employees in the, system. They set a date for February 10, 2010 to discuss and take action regarding new hires. This is all staff has to report on at this time regarding statements and actions by the CCCERA Board. FOLLOWUP The following is a list of Board requested information regarding the District's retirement benefit and the Contra Costa County Employees' Retirement Association. Please advise staff if other information is desired. 1. Legal opinion regarding CCCERA's and the District's fiduciary and legal responsibilities. 2. A review of the structure in which the retirement board functions and their role, responsibilities, and how they are governed. 3. A review of District's ability to address spiking by modifying benefits and MOUs. (Staff suggests a broader review). 4. A comparison of District retirement benefit to other agencies, including Contra Costa County. 5. A total compensation comparison to other agencies. 6. A report of CCCSD employees with accrued vacation exceeding 160 hours (four weeks). (This report has been provided to the Board). 7. A memo attaching past reports regarding moving the retirement program to CaIPERS with updated information and market changes. 8. De-pooling information from CCCERA will require an Actuary's analysis and may need to have legal review to ensure fairness and equity to the District. Staff is planning to develop the requested information and submit it to the Board through the Human Resources Committee, scheduled for February 22, 2010. Staff will be available at the Board meeting to address any questions the Board may have and to receive any additional request for information. z Agenda Item 6.a.3) Board Meeting of February 4, 2010 Written Announcements: Awards/Kudos a) Thank You Letter from Homeowners on Lombardy Lane There was an exterior overflow on Lombardy Lane in Orinda on Wednesday, January 20, 2010. Safety and Risk Management Administrator Shari Deutsch, CSO Maintenance Supervisor Dante Marchetti, and CSO Maintenance Crew Leader Rick Hodge met with homeowners Bonnie and Duane Fitch on the issue. A letter from the Fitch's is attached. Project Updates b) Page Construction Company Contract for ADA & General Improvements Proiect The contract with Page Construction Company on the ADA & General Improvements Project, DP 8214, has been on hold since September 29, 2009. District staff has pursued a negotiated change order to reduce the scope of work and complete the project; to date, Page has not been timely in its response. Therefore, District staff intends to provide a contract termination notice to Page. This could lead to the District filing a claim with Page's bonding company to complete the project. c) Sleepy Hollow Pumping Station Upgrades Proiect Advertisement The Sleepy Hollow Pumping Station Upgrades Project consists of modifications and equipment replacement to improve the station's reliability. Some of the improvements include coating the concrete wet well, replacing the pumping bypass connection,. and relocating electrical equipment to new panels. The project will be advertised on February 16 and 21, 2010. The Engineer's Estimate for construction is $350,000. The Board will be asked to approve the construction contract at the April 1, 2010 Board Meeting. d) Wet Weather Bypass Improvements Project Advertisement The Wet Weather Bypass Improvements Project, DP 7241, will provide necessary improvements to the emergency wet weather discharge system. The pre-load phase of the project, which was constructed in 2008, consolidated the soft, organic clay soils that underlie the site of the new overflow structure to reduce the potential of settlement. This phase of the work will construct the new gravity overflow structure and box culvert to discharge directly to Walnut Creek. In addition, the culvert between the two on-site bypass channels, which direct flow to holding Basin B, will be replaced with larger box culverts to increase capacity, and a narrow section of the northern most on-site bypass channel just upstream of Basin B will be widened to improve flow. This project will be advertised on February 12 and 17, 2010. Bids will be opened on March 9, 2010. The construction cost is currently estimated at $2,200,000. The Board will be asked to approve the construction contract at the April 1, 2010 Board Meeting. General Information/Updates e) Caffe Classico Foods Enforcement Action Caffe Classico.Foods, afood manufacturing facility located in North Concord, has experienced a significant pattern of non-compliance over the past 5 years. District staff worked with them to attempt to resolve the violations and enable the company to achieve compliance. As a result of continued violations through 2009, the District initiated a formal enforcement action in a letter dated December 18, 2009, to resolve the pattern of non-compliance. A settlement conference was held on January 11, 2010 that resulted in a settlement agreement with the company to resolve the violations. 6.li.3, ~J CENTRAL CONTRA COSTA SANITARY DISTRICT 1/22/10 SHARI DEUTSCH 5019 IMHOFF PLACE MARTINEZ.Califomia 94533 SHARI: I JUST WANTED TO SAY 'T`HANK YOU AGAIN FOR ALL OF THE HELP AND ASSISTANCE YOU AND ALL OF THE PEOPLE FROM CENTRAL CONTRA COSTA SANITARY DISTRICT DID FOR THE SAMTARY SEWER BLOCKAGE THAT WE EXPERIENCED OUT IN FRONT OF OUR PROPERTY ON LOMBARDY LANE ON JANUARY 20,2010. AS SOON AS WE REALIZED THE PROBLEM WE CALLED AND YOUR PEOPLE WERE OUT PROMPTLY TO ASSIST AND SOLVE 1'HE PROBLEM.IT WAS CHALLENGING TO SAY THE LEAST HOWEVER WITHOUT YOUR TEAMS ASSISTANCE I AM NOT SURE WHERE WE WOULD BE TODAY. AFTER THE BLOCKAGE WAS SOLVED IN THE SEWER LINE SERVICE MASTER APPEARED ON THE SCENE TO ASSIST IN THE SANITATION CLEAN UP BELOW OUR SCREEN PORCH AND WORKED IN THE RAIN FOR SEVERAL HOURS UNTIL THE JOB WAS COMPLETED. THANKS AGAIN FOR AN OUTSTANDING PERFORMANCE AND PLEASE MAKE SURE YOUR ENTIRE TEAM REVIEWS THIS LETTER TO UNDERSTAND HOW MUCH WE APPRECIATED THE JOB THEY DID. CERELYUR, S„ ~~/~ D FITCH BONNIE FITCFI ~, b. i) Central Contra Costa Sanitary District District Counsel Update February 4, 2010 Board Meeting By: Kenton L. Alm The last periodic report to the Board by District Counsel concerning legal issues was provided on July 2, 2009. This summary attempts to briefly outline several of the issues for which legal services have been required during the last six months. This summary first briefly lists several pieces of litigation which required activities in the last six months and thereafter briefly lists several of the non-litigation issues for which your Counsel has provided services. The matters listed below are of course in addition to the day-to- day responses to staff inquiries, attendance at the weekly on-site office hours, and attendance at agenda review, Board Committee and formal Board meetings. Litigation Matters During the last six months the District has been involved in a limited amount of litigation. Although the Talada lawsuit was settled prior to July, some additional work has been required with regard to defense of District employees at depositions. A stop notice lawsuit was filed by Melloni Construction which was responded to and has now been resolved with the involvement of the bonding company. Some follow up coordination resulting from the Scanlan v. Kaufman matter was required from legal during the landslide repair funded by the lawsuit settlement. The Parkinen claim continues to be processed and amended pleadings have been presented which will be the subject of another demurrer. Non-Litigation Matters As is typical a substantial portion of the non-litigation work undertaken by District Counsel relates to matters within the scope of the Engineering Department. Substantial legal effort was required to assist with the District's efforts concerning recycled water early in this six-month period. Those efforts are ongoing, but presently are at a lesser level. Numerous additional issues have been addressed during this period including those related to: the mutual annexation policy; several bid protests; and several subcontractor claims and payment disputes (e.g., Amerivet). In addition, there has been a reasonable amount of right-of- way acquisition legal effort during this period, including assistance on such issues as the Iron Horse Corridor MOU, Green Street easement acquisitions and the easement acquisitions for the relief outtall project. Separately, legal services have been provided to source control for assistance on several enforcement matters and review and assistance on the processing of an amended Concord MOU. Lastly, several issues have arisen related to the imposition and disputed payment of District fees. The Administrative Department and Board related issues have also required a moderate amount of District Counsel services during this period. Advice and services were provided concerning issues such as Board medical tax payment, mutual annexation, the County Quarry lease, General Manager delegation of authority and Board member reimbursement and expenses. In addition, there have been several risk management issues requiring legal input including such issues as the Zander Drive slide. Not to be left out, Plant Operations and Collection System Operations have also required a modest level of legal services. Collection system issues related to the Round Hill Estates easement maintenance, as well Central Contra Costa Sanitary District District Counsel Update February 4, 2010 Board Meeting as easement maintenance disputes arising from the Stonegate subdivision have been addressed. Plant operations has requested assistance with regard to the PCP TMDL, in order to participate in BACWA legal strategy discussions concerning the TMDL. Comments and input were also provided for inclusion in a white paper regarding the legality and potential liabilities relating to a Regional Board initiative to have certain POTWs accept and treat dry weather stormwater flows. The recently adopted municipal stormwater permit was reviewed and input provided by District Counsel's office. OnQ01nQ Matters It is perhaps fortunate for the District that there are not a large number of ongoing matters requiring immediate substantial use of legal services. Although the Parkinen matter is continuing, there are no other active litigation matters pending. As to pending non-litigation matters, there will continue to be the normal flow of construction and engineering issues, however there are no major legal undertakings in progress. It is of course anticipated that District Counsel will continue to attend routine staff and Board meetings, provide other services covered under the existing retainer agreement, and continue to provide four hours a week of office hours. I hope this very brief summary of the recent and ongoing legal support activities is helpful to the Board. Your Counsel is available to answer questions and provide further follow up individually or through additional written materials if any Board member so desires. ~ sssa~.~ ~., 2 Central Contra Costa Sanitary District Board Meeting February 4, 2010 Board Member McGill Item 6.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND/OR STIPEND Mayors' Conference in Richmond, CA February 4, 2010 Capital Projects Committee meeting February 9, 2010 Meeting Walnut Creek City Officials February 17, 2010 MEETINGS AND CONFERENCES THAT EXPENSES AND/OR STIPEND WAS PAID Walnut Creek Chamber State of the City Luncheon January 26, 2010 Outreach Committee Meeting January 27, 2010 Contra Costa Council CCUSA Dinner Meeting January 27, 2010 Pleasant Hill Chamber's Mayor's Breakfast January 29, 2010 CASA Mid Year Conference, Desert Springs, CA January 12 to 15, 2010 Attended Joint Directors and Managers Meetings, Technical Sessions, General Sessions and Policy Sessions. Also attended Attorneys Committee Meeting (I have material available for review if requested) Item 6.d.2 Announcements Attended: None in District Will attend: Pleasant Hill Chamber Mixer February 17, 2010