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HomeMy WebLinkAbout2023-03-07; Municipal Water District; ; Reject Bids Received and Authorize the Secretary of the Board to Re-Advertise for Bids for the El Fuerte and Maerkle Motorized Valves ProjectCA Review GH Meeting Date: March 7, 2023 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Dave Padilla, Utilities Engineering Manager dave.padilla@carlsbadca.gov, 442-339-2356 Sean Diaz, Utilities Senior Engineer sean.diaz@carlsbadca.gov, 442-339-2350 Subject: Reject Bids Received and Authorize the Secretary of the Board to Re- Advertise for Bids for the El Fuerte and Maerkle Motorized Valves Project Districts: 2, 3 Recommended Action Adopt a resolution rejecting the bids received and authorizing the Secretary of the Board of Directors to re-advertise for bids for the El Fuerte and Maerkle Motorized Valves Project. Executive Summary The project will install new motorized valves and actuators1 on existing water transmission mains that will: •Allow remote operation of the water system through the Carlsbad Municipal Water District Supervisory Control and Data Acquisition system •Improve water operations and worker safety The project improvements will be added to the El Fuerte Street pipeline at Rancho Pancho and the Maerkle Reservoir. The district received three bids for the project. Staff determined that the three bids are not nonresponsive because they did not include a required form. Given that all three bids were determined to be nonresponsive, and all three bids exceeded the engineer’s estimate by 42% or more, staff recommend the Carlsbad Municipal Water District (CMWD) Board reject the bids received, consistent with Carlsbad Municipal Code Section 3.28.080 - Construction projects, subsection (I)(3). 1 An actuator is the device that “actuates,” or moves, a valve open or closed. March 7, 2023 Item #6 Page 1 of 6 MUNICIIPAL WATER D IISTRIC'f Staff Report Explanation & Analysis The El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5007, 5009 and 5050 will install new motorized valves, which are specialized, critical items for the project. The triple-offset, metal-seated butterfly valves and electric motor actuators are subject to supply constraints, long procurement schedules and high costs. Nov. 15, 2022 - CMWD Board of Directors adopted Resolution No. 1689, approving the plans and specifications, and authorizing staff to advertise for construction bids for the project. Nov. 23, 2022 - Staff issued a notice inviting bids for the project. Jan. 18, 2023 - The district received three bids. The three bids received exceeded the engineer’s estimate of $1,667,500 by 42% or more, as follows: Metro Builders & Engineers Group, Ltd. $2,375,034 CCL Contracting, Inc. $2,502,700 Orion Construction Corporation $2,787,000 Considering the importance of having the bidder specify the valves and actuators intended for use, the bid provisions required contractors to submit a completed form with the bid, called a “Listing of Manufacturers,” to identify the manufacturers for valves and actuators to be used in the project. The form was issued as part of an addendum during the bid advertisement and incorporated into the bid documents. Staff determined all three bids lacked the required form and determined all of the bids to be nonresponsive. Staff will revise the bid provisions to include the Listing of Manufacturers form in the checklist of required documents to be submitted with the bid, to increase the likelihood of receiving responsive bids. Staff will re-advertise the project with the intent to solicit additional bids. Staff recommend rejecting the bids received and readvertising the project. Fiscal Analysis Funding for the project has been appropriated from the following enterprise funds. Cathodic Protection Program Capital Improvement Program Project No. 5007 Total appropriation to date $1,796,700 Total expenditures and encumbrances to date -$209,100 Total available funding $1,587,600 Maerkle Facility Improvements Capital Improvement Program Project No. 5009 Total appropriation to date $2,735,200 Total expenditures and encumbrances to date -$1,505,600 Total available funding $1,229,600 March 7, 2023 Item #6 Page 2 of 6 The total available funding is $3,617,300. However, not all of the available budget for Capital Improvement Program Project No. 5007 is appropriated for this particular valve project. Options Staff provide the following options for the CMWD Board’s consideration: 1. Adopt a resolution rejecting the bids received and authorizing the Secretary of the Board of Directors to re-advertise for bids for the El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5007, 5009 and 5050 Pros • Provides an opportunity to solicit new bids • Re-bidding is expected to yield responsive bids in conformance with the bid requirements • Avoids the likelihood of bid protests Cons • Delays start of construction of necessary improvements 2. Do not adopt the resolution Pros • None identified Cons • Three nonresponsive bids would have been submitted with no action taken, and contractors would likely protest • Further delays start of construction of necessary improvements • Further increases in construction costs may occur due to inflation and supply chain issues Staff recommend Option 1 for the CMWD Board’s approval. Next Steps With the CMWD Board’s approval, staff will revise the bid provisions for the project and re- advertise with a new bid solicitation. Staff will evaluate the bids received and the lowest responsive and responsible bidder will be identified. Staff will then return to the CMWD Board with a recommendation to award a construction contract, which is expected to be in summer 2023. The estimated construction duration is 18 months. Staff anticipate completion of construction in spring 2025. Normally closed valve (install motorized valve) Capital Improvement Program Project No. 5050 Total appropriation to date $985,000 Total expenditures and encumbrances to date -$184,900 Total available funding $800,100 March 7, 2023 Item #6 Page 3 of 6 Environmental Evaluation The City Planner has determined that rejecting all bids is exempt from environmental review per California Environmental Quality Act Guidelines Section 15270 (a); which states that CEQA does not apply to projects which a public agency rejects or disapproves. With respect to re- advertisement for bids, the City Planner has also determined the project is within the scope of the adopted 2019 Water Master Plan Program Environmental Impact Report and related addenda as stated in CMWD Board of Director’s Resolution No. 1689 adopted Nov. 15, 2022. Exhibit 1. CMWD Board resolution March 7, 2023 Item #6 Page 4 of 6 RESOLUTION NO. 1699 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, REJECTING THE BIDS RECEIVED AND AUTHORIZING THE SECRETARY OF THE BOARD OF DIRECTORS TO RE-ADVERTISE FOR BIDS FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT WHEREAS, the Carlsbad Municipal Water District Board has determined that it is necessary, desirable and in the public interest to install new motorized valves and accuators on existing water transmission mains for the El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5007, 5009 and 5050, or Project; and WHEREAS, on Nov. 15, 2022, the Carlsbad Municipal Water District Board adopted Resolution No. 1689, approving the plans and specifications, and authorizing the advertisement of bids for the Project; and WHEREAS, an addendum to the bid provisions required the bidders to include a "Listing of ' Manufacturers" form to identify the manufacturers for valves and actuators to be used in the Project; and WHEREAS, on Jan. 18, 2023, staff received three bids for construction of the Project; and WHEREAS, the bids received for the project were deemed non-responsive for failing to include the required Listing of Manufactures form; and WHEREAS, it is necessary, desirable and in the public interest for the Carlsbad Municipal Water District Board to follow the provisions in Carlsbad Municipal Code, or CMC, Section 3.28.080(1)(3), whereby the Carlsbad Municipal Water District Board, at its discretion, may reject all bids received; and WHEREAS, staff will revise the bid provisions to include the Listing of Manufacturers form in the checklist of required documents to be submitted with the bid; and WHEREAS, staff recommend rejecting all bids and re-advertising the Project; and WHEREAS, the City Planner has determined that rejecting all bids is exempt from environmental review per California Environmental Quality Act, or CEQA, Guidelines Section 15270 (a); which states that CEQA does not apply to projects which a public agency rejects or disapproves; and WHEREAS, the City Planner has also determined the project is within the scope of the adopted 2019 Water Master Plan Program Environmental Impact Report and related addenda as stated in CMWD Board of Director's Resolution No. 1689 adopted Nov. 15, 2022. Exhibit 1 March 7, 2023 Item #6 Page 5 of 6 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: l.That the above recitations are true and correct. 2.That the bids received on Jan. 18, 2023, for the El Fuerte and Maerkle Motorized Valves Project are rejected in accordance with CMC Section 3.28.080 (1)(3). 3.That the Carlsbad Municipal Water District Board authorizes the Secretary of the Board of Directors to return to the bidders any bid bonds received. 4.That the Carlsbad Municipal Water District Board authorizes the Secretary of the Board of Directors to re-advertise bids for the El Fuerte and Maerkle Motorized Valves Project for. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th day of March, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, President l / SHERRY FREISINGER, Secretary rv (SEAL) March 7, 2023 Item #6 Page 6 of 6