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HomeMy WebLinkAbout12-04-2018 Item 13 - Water Resource Recovery Facility Project - Bid AuthorizationDepartment Name: Utilities Cost Center: 6101 For Agenda of: December 4, 2018 Placement: Business Estimated Time: 30 minutes FROM: Carrie Mattingly, Utilities Director Prepared By: David Hix, Deputy Director Utilities Lianne Westberg, Assistant WRRF Program Manager, Water Systems Consulting, Inc. SUBJECT: WATER RESOURCE RECOVERY FACILITY PROJECT - AUTHORIZATION TO BID RECOMMENDATION 1.Approve plans and specifications (Reading File) for the Water Resource Recovery Facility Project, Specification No. 91620; and 2.Authorize staff to advertise for construction bids pending City Engineer’s approval of the bid set; and 3.Authorize the City Manager to award the contract if the lowest responsible bid is within the project construction budget of $111,600,000; and 4.Approve amended WRRF Project-specific Construction Contract Change Order policy (Attachment A) and authorize the Utilities Director to be responsible for construction contract change orders (CCOs) for the WRRF Project in any amount with the limitation that the sum total of all CCOs not exceed the contingency budget amount of $1 3,390,000; and 5.Authorize the Utilities Director to substitute an Enhanced Local Outreach Program (Attachment C) in the WRRF bid documents if a fully executed Community Workforce Agreement (Reading File) by all Trades Council affiliates is not received by December 4, 2018 at 5:00 p.m. in a final form acceptable to the City Attorney. DISCUSSION The Water Resource Recovery Facility (WRRF) Project has reached the 95% design milestone. Co mpletion of t he WRRF Project will allow the City to meet stringent mandatory State water quality requirements, replace old and aged infrastructure, maximize recycled water production, and ensure wastewater capacity to meet the City’s 2035 General Plan. All plans and specifications are near completion with minor quality assurance and quality control items pending. These documents are available for review in the City Clerk’s office, 990 Palm Street . Packet Pg. 159 Item 13 Project Costs and the Bid Package Based on the 95% design, the cost estimate reflects increases associated with the more detailed design and thorough estimation process. The design engineer provided low, median, and high cost estimates for the project. The range of cost estimates are provided below: WRRF Project Cost Estimate Design Milestone Low Median High 95% Design $102,960,000 $114,400,000 $131,560,000 This estimate captures recent price increases in concrete, steel, and electrical components, as well as increases in several unit processes including the membrane bioreactor. Cost savings of $7 million from value engineering are also reflected in this estimate. Because of the uncertain bidding climate, the Water Resource Center is an ‘additive alternate’ in the bid package. This approach preserves maximum flexibility for the City by allowing this portion of the project to be separated out if necessary due to funding constraints. Effective communication is the key to this project’s success and that communication is laid out in the bid package’s contract documents. The organization and formatting of these documents is in the language of the construction industry providing a means of communication between the owner, contractors, subcontractors, suppliers, bidders, and building officials. City staff and the WRRF team have paid meticulous attention to the contract documents to make this project clear to administer and fair for all parties involved. The bid package will not be released for advertising until after it is approved by the City Engineer. This ensures that all City conditions and requirements will be met , and the project is consistent with the City’s development guidelines. Revised Contract Change Order Policy The City’s Contract Change Order (CCO) policy is appropriate and useful for its typical CIP projects. For a project the size of the WRRF Project, the largest undertaken in City history, a project -specific contract change order policy has been prepared for Council’s consideration and approval (Attachment A). While the goal is to keep change orders to a minimum, unknowable project conditions will inevitably surface with cost potential over $100,000 highly likely. Streamlin ing CCO approvals and avoiding idling manpower and equipment will save the project time and money and assist with minimizing schedule impacts, an important project outcome related to regulatory requirements. Expertise from the WRRF project team and City Engineer were used to identify appropriate thresholds for the proposed project -specific CCO Policy. The revised policy is consistent with other public agencies that have completed similar projects. The proposed policy authorizes the Utilities Director to approve all CCOs of any amount as long as the running total of all approved CCOs does not exceed the total authorized contingency amount of $13,390,000. Packet Pg. 160 Item 13 The Project Manager will have the authority to approve CCOs under $100,000 with concurrence from the Utilities Director. The proposed project -specific CCO Policy stipulates when the sum of all CCOs reaches 75% of $13,390,000 ($10,042,500), the Utilities Director will inform the City Manager and Finance Director of project status and the sufficiency of funding to complete the project . WRRF Project Phases and Milestones The WRRF Project is divided into five phases. The bid package will be released at the end of January 2019 with construction expected to begin in May. A detailed milestone schedule is provided as Attachment B. Work Efforts Recently Completed: Construction Management and Inspection Services Agreement. On September 18, 2018, Council awarded a contract to Carollo Engineers to provide Construction Management and Inspection Services for the WRRF Project. Carollo brings extensive experience and expertise in construction management and inspection services particularly with Membrane Bioreactors (MBR) and Ultraviolet (UV) disinfection that will be utilized at the WRRF. Building Permit Review. The Community Development Department building division review is near completion and will be integrated into the plan and specifications. This effort involved the coordination and collaboration with the Community Development, Fire, and Public Works Departments to ensure that the project meets City development standards. These improvements include, frontage improvements, traffic and parking, onsite stormwater management, and flood modeling. Community Workforce Agreement. On November 13, 2018, Council agreed to enter into a Community Workforce Agreement (CWA) between the City and the Building and Construction trades. This agreement allows the prioritization of local hires, preserves the construction management and inspection services already under contract by the City, maintains opportunities for local contractors to participate in the project and will not unduly affect the cost, schedule, or quality of the WRRF Project. The proposed actions include a contingent action to authorize the Utilities Director to substitute an Enhanced Local Outreach Program should a fully executed copy of a CWA Packet Pg. 161 Item 13 not be delivered to the City by December 4, 2018 at 5:00 pm. This timing is critical in order for the City to continue progress towards bidding and commencement of construction. Enhanced Local Outreach Program. The draft Enhanced Local Outreach Program (Attachment C) will need to be finalized (based on Council feedback) in coordination with the City Attorney and incorporated into the WRRF bid documents. The program will include outreach to local contractors and local residents and will culminate in the development of a database with contact information for interested parties. This database will be provided to prospective bidders. Prospective bidders will be required to solicit subcontract bids from local contractors and notify local residents of potential employment opportunities on the WRRF Project. The bidders’ compliance with the enhanced local outreach program will be evaluated as a part of the City’s bid review process. Bidders who do not comply with the enhanced local outreach program would be subject to disqualification. Execution of the State Revolving Fund Agreement for Funding. On November 13, 2018, Council approved a Clean Water State Revolving Fund loan agreement of up to $140 million at an interest rate that is half the State’s General Obligation Bond interest rate or 1.8 percent. This agreement ensures a funding stream for the project including $4 million of principal forgiveness from green project reserve funding. Contractor Prequalification. On April 17, 2018, Council approved a Request for Statements of Qualifications for general and sub-contractors for the WRRF Project and authorized the City Manager to approve the final list. Prequalification allows the City to assess a contractor’s experience, past performance, and financial status on work like the WRRF project to better ensure qualified bidders. Five General Contractors and two Control System Integrators have been prequalified while a determination regarding Electrical sub-contractors is pending. Staff believes this will be completed in December 2018. Upcoming WRRF Project Items: Phase 4 Program Management Services, Engineering Services During Construction, Labor Compliance, CWA administration. City staff will return to Council with requests for these services. Program services will assist the City in managing the numerous contracts, agree ments, permits and requirements during construction while engineering services will assist the construction manager and review and manage the numerous engineering and construction submittals, reviews and tasks during construction. Labor compliance and CWA administration are necessary services to ensure compliance with State labor requirements and the CWA. Policy Context The City’s National Pollutant Discharge Elimination System permit for WRRF operations requires the facility processes meet more stringent requirements. The WRRF Project will accomplish this when it is complete. The WRRF Project includes a capacity component that aligns with the City’s 2035 General Plan build-out population. Packet Pg. 162 Item 13 Public Engagement Extensive public engagement occurred as the first step of this project; prior to the beginning of Facility Plan which informed the final design. There is a WRRF Project website and routine updates included in the Utilities Department Resource newsletter, along with a special, project - specific direct mailing. Bidders on the WRRF Project have been pre-qualified through a robust process that included extensive personal outreach by the Project Team. Public engagement will continue throughout the project. CONCURRENCE Utilities has collaborated with the Public Works Department and Community Development. Community Development concurs with the environmental review findings. The Public Works Department and Community Development have reviewed the Building Permit Submittal. Comments will be incorporated into t he Bid Set, and the City Engineer will provide final approval. ENVIRONMENTAL REVIEW The Environmental Impact Report (EIR) for the WRRF Project was certified by Council on August 16, 2016. Packet Pg. 163 Item 13 FISCAL IMPACT Budgeted: Yes Budget Year: 2019-2022 Fu nding Identified: Yes The WRRF Project will primarily be financed through a low -interest SRF loan administered by the State Water Resources Control Board (SWRCB) Water Recycling Funding Program. The City will receive a maximum loan of 140 million dollars, with four million dollars of principal forgiveness. Thus, the principal to be repaid over 30 years will be 136 million dollars. Payments from the City to the SWRCB will start one year after construction completion. At 1.8 percent interest, the annual payment to the SWRCB will be $5,906,675. The Sewer Fund long-range fund analysis has programmed sufficient revenues and adequate cash flow to meet the terms of the agreement including the maintenance of one year of payments in reserve and a 12 percent City-he ld contingency. Construction phase professional services include construction management, engineering services during construction, labor compliance, CWA administration and phase 4 and 5 program management. These services are eligible for reimbursement fro m the SRF loan. The construction budget is provided below. WRRF Project Construction Budget Construction cost budget $111,600,000 Project contingency / budget allowance (12%) $13,390,000 Construction Phase Professional Services $15,010,000 Total $140,000,000 Maximum Loan Amount $140,000,000 The sewer fund is positioned to cover the long-term debt service and on-going operations and maintenance after project completion. Operations and maintenance costs will require some adjustment s as more accurate estimates become available and the upgraded WRRF comes on line. The annualized on-going costs shown below are the 2018-19 WRRF operating budget and the SRF loan payment . Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Construction Cost Sewer Fund $3,892,439 State $5,906,675 $140,000,000 Federal Fees Other: Total $9,799,114 $140,000,000 Two grants are in the approval process (CalOES /FEMA and Integrated Regional Water Management Plan). If the grants are successful through their respective processes, they are expected to total about $3 million. Packet Pg. 164 Item 13 ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. If Council decides to defer advertising, staff could come back to Council early next year to obtain approval to advertise. However delaying authorization beyond this year could impact the project schedule resulting in possible additional costs. If Council elects to defer for a long period of time or deny the project, staff could continue to operate the WRRF with its existing processes and in its existing condition (to the extent possible), however the City would not meet water quality requirements set by the Central Coa st Regional Water Quality Control Board and subject to enforcement action, and possible penalties and fines. AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE • Plans, Specifications and Cost Estimate for the Water Resource Recovery Facility Project, Specification No. 91620. • November 13, 2018 Community Workforce Agreement Attachments: a - Revised Change Order Policy-WRRF Project b - WRRF Project Timeline c - Local Contractor Good Faith Outreach Requirements_20180907 Packet Pg. 165 Item 13 City of San Luis Obispo, Public Utilities, 879 Mo rro S tree t, San Luis Obispo, CA, 93401-2710, 805.7 81.7215, slocity.o rg CONSTRUCTION CONTRACT CHANGE ORDERS FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT Financial Management Manual – Section 225 – Revised for Referenced Project Section CONSTRUCTION CONTRACT CHANGE ORDERS OVERVIEW When the City awards a construction contract, the need for contract change orders (CCO’s) is not unusual. CCO’s are required whenever the scope of work changes from that in the original contract or an unknown condition of the site requires a change in the scope of work. Usually a contingency amount is established when the project budget is finalized upon contract award to accommodate limited CCO’s. The purpose of this policy is to establish limits of authority for approving construction project CCO’s. GOALS 1. Ensure appropriate authority and accountability in the approval of change orders. 2. Minimize the time needed to approve a CCO in order to avoid project delays. 3. Establish a system under which the organizational level at which approval is given is commensurate with the size of CCO and size of project. 4. Eliminate the potential for approval of a CCO when cont ingency funds are insufficient. POLICIES Conditions for Approval of CCO's by Staff 1. Sufficient contingency funds are budgeted and available in order for the Public Works Director or City Manager (approved designees) Utilities Director to approve a CCO. 2. The nature of work in the CCO is not significantly different from that in the contract. 3. Authorization limits are based on an individual CCO amount, not the or aggregate amount of all CCO’s. 4. Authorization limits apply to CCO’s for increases in contract amounts only. Packet Pg. 166 Item 13 5. When the aggregate amount of CCO’s reaches 75% of the contingency, the awarding authority the City Manager and Finance Director shall be informed of the status of the project and the sufficiency of funding to complete the project. 6. Work will not be broken up into multiple CCO’s in order to circumvent this policy. 7. All CCO's must be in writing and approved by the appropriate contract part ies consistent with the authorized limits established in this policy. 8. A copy of each approved CCO will be transmitted promptly to the Finance Division. 9. The Purchasing Authority may grant approval of CCO's in excess of $100,000 under the following circumstances (all three factors must be present): a. Immediate approval of the CCO is necessary to avoid delay. b. The CCO is an integral and mandatory component of the project. c. The costs associated with delay of the project would be excessive. The Project Manager Utilities Director is responsible for carrying out this policy. 10. The Purchasing Authority is also authorized to approve CCO’s in excess of $100,000 related to Job Order Contract Task Orders. Authorization Limits 1. Public Works Director/ Designee Project Manager - Not to exceed $100,000 2. Utilities Director – None on individual; CCO’s with the Cumulative approved CCO total, limited to approved project budget . Purchasing Authority (City Manager/Designee) Not to exceed $100,000 3. City Council Greater than contract or $100,000 approved project budget. * See circumstances above where the Purchasing Authority may approve CCO’s in excess of $100,000. Originally Approved by the Council on August 3, 1993; Revised by the Council on April 15, 2003 and June 2, 2015 Approved by the Council on December 4, 2018 for the Water Resource Recovery Facility Project, Specification 91620, Exclusively Packet Pg. 167 Item 13 Packet Pg. 168 Item 13 LOCAL BUSINESS ENTERPRISE GOOD FAITH EFFORT OUTREACH REQUIREMENTS (WRRF UPGRADE PROJECT) Specification No.: ____________ 1. POLICY. The City of San Luis Obispo’s Local Business Enterprise Outreach and Opportunities Program (LBEP) is designed to maximize participation of diverse, qualified, local contractors, consultants, and material suppliers seeking to do business on City of San Luis Obispo projects. Effective implementation of LBEP is a requirement of the project and award of a contract will be determined, in part, by the Contractor’s demonstrated good faith effort s in conducting effective outreach to local contractors. Failure to comply with the requirements herein shall render the bid as non-responsive. 2. DEFINITIONS. (a) For the purposes of this program, a Local Business Enterprise (“LBE”) means a business that is a firm or dealer with fixed offices located in and having a street address within the County of San Luis Obispo and holds a valid business license issued by either the County or a city within the County for at least six months prior to the date upon which a request for sealed bids or proposals is issued. (b) Vendor/Material Supplier: An individual, partnership, corporation or other legal entity that provides equipment, materials or supplies under an executed contract. (c) Written Communication: Any handwritten or typed correspondence delivered by e- mail, fax, or U.S. mail. (e) Outreach Forms: (1) Schedule A-1, Designation of All Subcontractors/Vendors/Service Providers (2) Schedule A-2, Subcontracting Opportunities and Contact Log 3. OUTREACH RESOURCES PROVIDED BY THE CITY. (a) Outreach materials provided by the City shall be the primary source of outreach activity. Contractors are encouraged to supplement but not replace the City provided materials. City-provided outreach materials include: (1) LBEP List: This list shall be used as the primary source for outreach activity and consists of potential subcontractors and vendors/material suppliers specific to the project. Packet Pg. 169 Item 13 a. The bidder will use the LBEP List through the following website: [need to create website based on RFQ]. b. For each category of work identified by the bidder as a subcontracting opportunity in schedule A-2, the bidder will contact each LBE listed and shall comply with the outreach requirements in Section 4 below. 4. OUTREACH ACTIVITY REQUIREMENTS AND EVIDENCE OF FULFILLMENT. (a) The bidder shall conduct pre-bid outreach activities to provide equal opportunity to all firms, including LBEs, to participate on the project. Outreach solicitations shall occur prior to submission of the bid to be considered good faith outreach efforts. The following table outlines the outreach activity requirements and evidence of fulfillment . Outreach activities identified with an “M” on the left hand column are mandatory outreach efforts; outreach activities identified with a “R” are strongly recommended, but are not mandatory: Outreach Activity Requirements Description M Identify Work that can be Subcontracted. Evidence of Fulfillment : (i) Complete and submit Schedule A-2 by entering: • A description of each item of work solicited from subcontractors; • Estimated cost of work, materials or services; • Percent of total fee; and • Whether or not a subcontractor or vendor was selected, and the reason for selection/non-selection. M Notify firms on LBEP List of subcontracting opportunities for each category listed on Schedule A-2. • Notifications must occur no fewer than 14 calendar days prior to the bid due date. One contact must be written (mail, email, or fax) and one contact must be verbal (telephone or personal meeting). • Notification shall name the City as project owner; identify work available to subcontractors; bid due date; contact information including but not limited to telephone number, e-mail and name of contact; and, all available times and locations where plans, specifications and bid documents can be viewed or copied. Evidence of Fulfillment (i) Provide copies of letter and written communication (including e-mail or fax) sent to firms on the LBEP List. If other sources were identified by the bidder, provide copies of letter and written communication (including email or fax) on those other sources. Packet Pg. 170 Item 13 (ii) Complete and submit Schedule A-2 to document contact with small contractors, including: • Name and title of each person contacted; • Fax, e-mail, and phone number of the company; • Whether the firm submitted a bid to the contractor, and • If bid submitted to contractor, reason the firm was not selected to work on the project. M The bidder negotiated in good faith with the LBEs and did not unjustifiably reject as unsatisfactory bids prepared by any LBEs as determined by City. Evidence of Fulfillment: • Copies or list of all bids and a spreadsheet listing all bids with firm name, contact person, bid items(s), bid price, LBE classification, and comments re- selection or rejection • LBE bids accepted and included in bid response R The bidder advertised, not less than ten (10) calendar days before the date the bids are opened, in one or more local daily or weekly newspapers, trade association publications, minority or trade-oriented publications, or trade journals for LBEs that are interested in participating in the project. Evidence of Fulfillment : • Copy of advertisements, certified lett ers, successfully completed faxes and/or other notices to LBEs with selected specific items identified. R The bidder followed up initial solicitations of interest by contacting the enterprises to determine with certainty whether the enterprises were interested in performing specific items of the project. Evidence of Fulfillment : • Copy of published advertisements, letters, successfully completed faxes, etc. with LBE name/contact information including the required information or directions on how to obtain it and the date the information was provided • Agenda, meeting notes, etc. including specific topics discussed, LBE firm names and contact persons in attendance that received information, and the location and date information was provided 5. OUTREACH RESULTS: REPORTING REQUIREMENTS. Upon completion of the outreach activity requirements and as requested by the City, bidders shall submit the following items no later than the close of two business days after the bid opening. Packet Pg. 171 Item 13 Within two (2) days of written request from the City, the two responsible bidders with the lowest responsive bids must submit to the Project Manager the following: Required Forms Included Completed Schedule A-1. Completed Schedule A-2 Letters of Intent to all Subcontractors Evidence of Contact with LBEs on the LBEP List (examples: dated e-mail, fax or letter). Evidence of Fulfillment information described in Section 4 above. 6. SUBCONTRACTOR SUBSTITUTION. (a) Written authorization from the City is required prior to substitution of any subcontractor. Subcontractors may be substituted based on the criteria below: (1) For any reason stated in California Public Contract Code Section 4107 which are incorporated herein. (2) For reasons, which the City in its judgment, deems to be in the best interests of the City, except where prohibited by law. 7. AWARD OF AGREEMENT. The Contractor’s good faith outreach efforts will be reviewed by the City’s Director of Utilities or his/her designee, prior to the award of a contract, to determine whether good faith outreach efforts requirements, if applicable, were met. 8. POST-AWARD MONITORING. (a) To ensure compliance with Contractor stated commitments, the City will monitor subcontracting activity throughout the duration of the contract. To comply with post -award monitoring the bidder shall: (1) Ensure that subcontractors and suppliers perform the type of work and the quantity of work as specified in Schedule A-1. (2) Provide the City with any additional reports, subcontracts, or other information deemed necessary for determining Contractor’s compliance with its subcontracting commitment. (3) Maintain all reports and corresponding information for a period of no less than three years after the completion of the project, or until such time a program audit has been completed on the project by the City, whichever occurs first. 9. LBEP NONCOMPLIANCE. (a) Failure by the Contractor to fulfill any of the Program guidelines constitutes brea ch of a contractual obligation and may result in City-imposed sanctions on the Contractor. Upon Packet Pg. 172 Item 13 determining that a Contractor is not in compliance with Program guidelines, the City may seek, without limitations, the following remedies: (1) Withholding progress payments until the City deems the Contractor to be in compliance. (2) Withholding an amount equal to the unmet portion of the amount contracted to the subcontractor, vendor, or supplier in question. Packet Pg. 173 Item 13 Page intentionally left blank. Packet Pg. 174 Item 13 Item 13 ‐ Staff Presentation12/4/20181Water Resource Recovery Facility ProjectAuthorization to Bid – December 4, 2018WRRF Project Progress2Final Plans & Specifications3100% Design SubmittalCouncil Reading FileBuilding Permit Review4Building Permit In Final Plan Check Item 13 ‐ Staff Presentation12/4/20182Project Funding in Place5SRF loan agreement approved; currently being processed by State BoardEngineer’s Estimate6Low High$102,960,000 $131,560,000$114,400,000Construction budget = $111,600,000MedianWRRF Construction Budget7Maximum construction budgetProject contingency (12%)Construction phase professional servicesConstruction Phase Budget SRF Loan$140,000,000Amended Change Order Policy8Change Order Less than $100,000City Project Manager Approves with Concurrence from Utilities DirectorChange Order Greater than $100,000Utilities Director ApprovesCumulative Change Orders Reach 75% of ContingencyUtilities Director notifies City Manager and Finance Director Item 13 ‐ Staff Presentation12/4/20183Community Workforce Agreement Update to CWA signatories9Excerpt from November 13, 2018 City Council action:Authorize the City Manager to enter into a Community Workforce Agreement (CWA) in a final form approved by the City Attorney with The Tri-Counties Building and Construction Trades Council, AFL-CIO and The Signatory Craft Councils and Unions for the Water Resource Recovery Facility Project, subject to approval by all affiliates.Enhanced Local Outreach Program10• City compiles database of local businesses and local residents• Contractor solicits bids and proposals from local business enterprises in City database• Contractor solicits bids and proposals from local business enterprises in local newspapers and trade association publications• Determination of contractors’ good faith compliance with requirements evaluated during bid review process• Utilization of local business and local residents monitored during constructionslowrrfproject.orgQuestions?11CWA Considerations12Enhanced Local Outreach Community Workforce AgreementBenefits• Local worker and local contractor outreach requirements established• Potential for increased local worker participation• Broad discretion for other workforce goals• No restrictions on core workforce utilization• Local worker participation goals established and monitored, and potential for increased local worker participation and training• Provides authority for union contractor to prefer local workers, which otherwise would not be permitted• Work stoppages prohibited for signatory contractorsCosts• Local hire program administration cost• Potential for increased construction cost• Contract language development cost• CWA administration costs• Potential for increased construction costRisks• Potential for work stoppage• Potential for prolonged bid review & award• Union contractors cannot prefer local workers absent a CWA, notwithstanding established goals• Potential for reduced non-union local contractor participation• Sets precedent for future agreements• Potential for strike by Operating Engineers• Potential for union workers not to cross picket line Item 13 ‐ Staff Presentation12/4/20184