REPORT TO COUNCIL
SUBJECT
Title
Award of Bid No. PW18-18 for the Landfill Post-Closure Erosion Protection Project (PR 15/02-16), Waiver of Minor Bid Irregularity, Finding of California Environmental Quality Act (CEQA) Categorical Exemption, and Approval of Budget Modification No. 44
Report
REPORT IN BRIEF
Approval is requested to award a construction contract in the amount of $561,696 to R.J. Gordon Construction, Inc. of Pleasant Hill for the Landfill Post-Closure Erosion Protection Project. Approval is also requested for a 10% construction contingency in the amount of $56,170 and a Budget Modification in the amount of $145,070.
EXISTING POLICY
Section 1309 of the City Charter requires public works construction contracts to be awarded to the lowest responsive and responsible bidder. Further to Chapter 2.09 of the Sunnyvale Municipal Code, City Council approval is required for construction contracts exceeding $100,000 and a minor bid irregularity may be waived if the discrepancy does not give the bidder an advantage over others.
Pursuant to Sunnyvale Charter Section 1305, at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by affirmative votes of at least four members to authorize the transfer of unused balances appropriated for one purpose to another, or to appropriate available revenue not included in the budget.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) determination for the project is a Class 1 categorical exemption pursuant to CEQA Guidelines Section 15301(c) for existing facilities.
BACKGROUND AND DISCUSSION
The City closed the Sunnyvale Landfill in 1993. Closure included placing an engineered clay cap over the waste to keep rain out and landfill gas in. Over the clay cap is a one-foot topsoil “cover” layer to support vegetation and prevent damage to the clay. The landfill cover also contains piping to capture methane gas generated by decomposition of garbage.
Public use of the landfill is governed by a state-approved post-closure plan that provides for roadways that go around the landfill and lead to the tops of hills used by the public. The landfill is extensively used for walking, jogging, biking, dog walking and bird-watching. Despite the best efforts of staff, pedestrians and bicyclists have damaged the site by leaving the roadways and cutting new, steep paths on which the vegetation is gone, the soil is eroded and the clay cap is subject to damage. This project is needed to maintain compliance with landfill post-closure maintenance regulations.
The work performed by the project will repair and revegetate areas of the landfill cover that have been damaged by site users. The design will convert some of the steep and frequently-used maintenance paths to wooden cribbed stairways, It will install physical barriers to guide members of the public to these stairways and discourage access to off-limits portions of the landfill. The work takes into account requirements for staff access to landfill gas and condensate recovery systems, protection of wildlife habitat, and the recreational interests of public users of the closed landfill. In these ways, the Landfill Post-Closure Erosion Protection Project will protect the landfill’s engineered clay cap and required vegetative cover and promote compliance with regulatory requirements for post-closure maintenance of the landfill.
The project includes a signage component that will encourage and direct users to stay on designated maintenance paths/roads and out of areas not intended for use. New signs to be installed will provide information about the site’s status as a closed landfill and acceptable uses of the maintenance paths/roads (e.g. walking, cycling, on-leash dog walking) and acceptable locations for those uses.”
The construction project was advertised for competitive bidding on the City’s DemandStar public procurement network and distributed to Bay Area Builder’s Exchanges on January 5, 2018. Five (5) contractors requested bid documents and sealed bids were opened on January 24, 2018, with one (1) responsive bid received. The sole bidder, which was responsive and responsible, was submitted by R.J. Gordon Construction, Inc. in the amount of $570,804, as detailed in the bid summary, Attachment 1.
The sole bid contained a minor bid irregularity due to a math error. After staff evaluated and tabulated the bids, it was determined that the bidder incorrectly calculated the extension of a bid item which resulted in a price discrepancy of $9,108. This error was acknowledged by the bidder. In accordance with the City’s bid instructions, the unit price prevails, which results in the actual base bid amount of $561,696.
FISCAL IMPACT
Budget Modification No. 44 recommends appropriation of $145,070 to Project 830180, Landfill Post-Closure Erosion Protection Project. Current amounts below include available carryover from the prior fiscal year. $48,000 has been spent or is required for design expenditures. A total of $617,866 is necessary to fund the remainder of the project including construction and contingency.
Budget Modification No. 44
FY 2017/18
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Current |
Increase/ (Decrease) |
Revised |
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Solid Waste Management Fund |
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|
|
Expenditures |
|
|
|
|
Project 830180 - Landfill Post-Closure Erosion Protection |
$520,796 |
$145,070 |
$665,866 |
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Reserves |
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|
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Rate Stabilization Reserve |
$2,977,022 |
($145,070) |
$2,831,952 |
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
1) Make a finding of a California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 (c) for existing facilities, 2) Award a contract in substantially the same form as Attachment 2 to the report in the amount of $561,696, 3) Approve a 10% construction contingency in the amount of $56,170; 4) Waive a minor bid irregularity; and 5) Approve Budget Modification No. 44 in the amount of $145,070 to provide additional project funding.
Staff
Prepared by: Gregory S. Card, Purchasing Officer
Reviewed by: Timothy J. Kirby, Director of Finance
Reviewed by: Wayne Tanda, Interim Director of Public Works
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Bid Summary
2. Draft General Construction Contract