Legislative Public Meetings

File #: 17-0447   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 5/23/2017
Title: Award of Bid No. PW16-28 for the Primary Treatment Facility Package 2 for the Reconstruction of the Water Pollution Control Plant, Make a Finding of Bid Non-responsiveness, Amend an Existing Design/Construction Support Contract, Authorize the City Manager to Procure Insurance Coverage, and Approve Budget Modification No. 45 in the amount of $4,810,137
Attachments: 1. Bid Summary, 2. Draft General Construction Contract, 3. Draft 2nd Amendment to Agreement, 4. Overaa Protest of Flatiron Bid, 5. Initial Determination of Non-responsive Bid, 6. Flatiron Response to City Initial Determination, 7. Overaa Response to Flatiron Response, 8. City Final Determination of Non-responsive Flatiron Bid, 9. Flatiron Bid Protest, 10. City Denial of Flatiron Bid Protest, 11. Flatiron Withdrawal of Bid Protest, 12. Staff Presentation 20170523 (17-0447)
REPORT TO COUNCIL

SUBJECT
Title
Award of Bid No. PW16-28 for the Primary Treatment Facility Package 2 for the Reconstruction of the Water Pollution Control Plant, Make a Finding of Bid Non-responsiveness, Amend an Existing Design/Construction Support Contract, Authorize the City Manager to Procure Insurance Coverage, and Approve Budget Modification No. 45 in the amount of $4,810,137

Report
REPORT IN BRIEF
Approval is requested to award a construction contract in the amount of $100,188,000, including the base bid of $99,438,000 and a bid alternate in the amount of $750,000, to C. Overaa & Co. (Overaa) of Richmond for the Primary Treatment Facility Package 2 project (Public Works Project No. UY-16/01-20), and for a 7% construction contingency in the amount of $7,013,160.

Approval is also requested for the following items to:

* Amend an existing design/construction support contract with Carollo Engineers, increasing the not to exceed value by $1,210,137, from $12,946,801 to $14,156,938.
* Authorize the City Manager to finalize insurance policy documents and make payment in the amount of $514,684 with Alliant Insurance Services Inc. for Builder's Risk and related insurance coverage.
* Make a finding of bid non-responsiveness for the bid submitted by Flatiron West Inc. (Flatiron)
* Approve Budget Modification No. 45 in the amount of $4,810,137 to provide additional project funding.

Overaa and Flatiron were two of the three bidders on the project. Kiewit Infrastructure West Co. (Kiewit) also provided a bid. The Flatiron bid was determined by staff to be non-responsive because it did not meet the City's mandatory minimum requirements. Overaa, the lowest responsible and responsive bidder, filed a bid protest against Flatiron, while Flatiron also contested staff's determination of non-responsiveness. On May 2, 2017, Flatiron rescinded its bid protest in writing. These actions are explained in more detail below.

EXISTING POLICY
Section 1309 of the City Charter req...

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