REPORT TO MAYOR AND COUNCIL

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1 AGENDA ITEM NO. 3.i REPORT TO MAYOR AND COUNCIL TO THE HONORABLE MAYOR AND COUNCIL: DATE: July 24, 2012 SUBJECT: AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $165, TO (FUNDED BY: SEWER ENTERPRISE FUNDS) Report in Brief Project No (Cowell Road BART Area Sewer Spot Repairs) will perform spot repairs on deteriorated sections of sewer lines to eliminate sags, broken, collapsed or displaced clay pipes in residential areas within the City. Bids were opened at 2 p.m. on Thursday, June 14, Roto-Rooter Plumbers (Roto- Rooter) of Concord submitted the lowest responsive and responsible bid of $165, though it did not acknowledge Addendum No. 1, which made revisions to the bid quantities. The original bid total was revised downward by $2,574 to reflect the adjusted quantities on the current bid form in accordance with the project specifications. The City Attorney has confirmed that the missing acknowledgement and minor bid revision can be waived as a minor bid defect. Roto-Rooter has an appropriate, valid contractor s license and satisfactory work references. The sewer repair project is funded by Sewer Enterprise funds. Staff recommends that the City Council award a Construction Contract in the amount of $165, to Roto-Rooter Plumbers of Concord and waive a minor bid defect for Project No (Cowell Road BART Area Sewer Spot Repairs). Background Project No (Cowell Road BART Area Sewer Repairs) is the product of the initial project site study under Project No (Sewer Condition Assessment) which revealed several deteriorated sections of sewer lines that had either broken, collapsed or become displaced, in the residential neighborhoods between Cowell Road and Clayton Road near BART. This project is a spin off of Project No (Sewer Capital Facility Replacement) which acts as an annual holding account for large scale sewer repair and replacement projects, and will utilize trenchless technologies wherever possible to reduce disruption to surrounding residents. Project No (Cowell Road BART Area Sewer Repairs) was approved by the City Council with the FY12-13 Capital Improvement Ten Year Plan and will repair or replace over 1,000 feet of sanitary sewer lines at approximately 20 separate locations, modify the channeling of 8 sanitary sewer manholes and inspect approximately 1,826 feet of 6-inch sanitary sewer line through closed circuit digital video recording (CCTV). In addition, Project No includes a bid alternate which will provide on-call sewer support services for a

2 AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $165, TO July 24, 2012 Page 2 period of one year, beginning from the date of award of contract. Public Contract Code Section requires that all projects defined as public work with an expenditure that exceeds five thousand dollars ($5,000), must be contracted. Public Works Sewer Division staff will manage the on-call contract which will allow staff to utilize these support services when necessary for emergencies, workload overflow, or for specific expertise, without having to go before Council for each incident. The bid opening was held at 2 p.m. on Thursday, June 14, Five (5) bids were received, ranging from $165, to $334,518 for the Total Base Bid (and Alternate) as shown on the Bid Results (Attachment 2). The Engineer s Estimate was $210,000 for the Total Bid. Roto-Rooter Plumbers of Concord submitted the apparent low bid of $165, which includes $23,360 for the Alternate (On-call services). Discussion Roto-Rooter Plumbers bid proposal was submitted in the amount of $168,437 and did not acknowledge Addendum No. 1, which made revisions to the quantities. The City Attorney has reviewed the matter and concluded that the omission of the Addendum acknowledgement can be considered as a minor bid defect and can be waived. The project specifications state that In the case of discrepancy between the unit bid price and the total bid price set forth for a unit basis item, the unit bid price shall prevail. Staff used Roto-Rooter s unit bid prices in the corrected bid form that adjusted the original submitted total of $168,437 to $165, when corrected. Staff informed the contractor of this minor error and the revised total on June 15th. The contractor acknowledged the mistake and confirmed its willingness to do the work at the corrected (lower) price on June 18, Roto-Rooter s low bid of $165, is approximately 21% lower than the Engineer s Estimate. The primary reason for the difference is Roto-Rooter s experience as a local contractor and their election to perform all of the work without subcontractors, thereby eliminating the need to mark-up costs associated with subcontractor work. Staff has completed its analysis of Roto-Rooter s bid and determined that it possesses an appropriate and valid contractor s license, has satisfactory references and experience in the construction of similar projects in Concord and other Contra Costa County agencies. Roto-Rooter remains committed to its bid and is ready to perform the work. Pursuant to the project schedule, construction will begin immediately after award in July, 2012 to take advantage of the decreased traffic in this residential area when most schools are in recess for the summer. Fiscal Impact The budget for this project is $300,000 which consists of Sewer Enterprise funds. The project budget is sufficient to fully fund the work. Public Contact The City Council Agenda was posted.

3 Recommendation for Action AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $165, TO July 24, 2012 Page 3 Staff recommends that the City Council award a Construction Contract in the amount of $165, to Roto-Rooter Plumbers of Concord and waive a minor bid defect for Project No (Cowell Road BART Area Sewer Spot Repairs). Valerie J. Barone Interim City Manager valerie.barone@ci.concord.ca.us Prepared by: Danea Gemmell, PE City Engineer danea.gemmell@ci.concord.ca.us Reviewed by: Victoria Walker Dir. of Comm. & Econ. Dev. victoria.walker@ci.concord.ca.us Attachment 1 Location Map Attachment 2 Bid Results

4 ATTACHMENT 1 X - Spot Repair Location LOCATION MAP PROJECT NO DOWNTOWN SEWER AND STREETSCAPE IMPROVEMENTS NO SCALE

5 PROJECT #2227 City of Concord Bid Sheet Cowell Road Bart Area Sewer Spot Repairs Attachment 2 Bid Opening: Thursday, June 14, :00 p.m. City Manager's Conference Room Engineer s Estimate: $210,000 To be awarded: July 24, 2012 COMPANY Roto-Rooter Plumbers 195 Mason Circle Concord, CA Darcy & Harty Construction, Inc Carroll Avenue San Francisco, CA (415) Pfister Excavating, Inc. PO Box 4312 Vallejo, CA J. Howard Engineering, Inc. 881 Moorpark Street Oakland, CA (510) MDF Pipeline 7172 Regional St. #307 Dublin, CA TOTAL BID $165, $191,130 $273,743 $283,470 $334,518 Contact: Rick Cole

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