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  Consent-Community Services   # 29.       
Board of Supervisors   
Meeting Date: 08/04/2020  
Brief Title:    In-Vessel Digester Contract Change Orders 10,11 and 12
From: Taro Echiburu, Director, Department of Community Services
Staff Contact: Rick Moore, Principal Civil Engineer, Department of Community Services, x8859
Supervisorial District Impact:

Subject
Authorize Contract Change Orders Nos. 10-12 with Syblon Reid General Engineering Contractors in the amount of $17,162.22 for the In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System. (No general fund impact) (Echiburu/Moore)
Recommended Action
  1. Adopt a finding that competitive bidding for the work described in Contract Change Order No(s). 10, 11 and 12 for the In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System would have been unavailing, impractical, and would not have produced any public advantage;
     
  2. Approve Contract Change Order Nos. 10, 11 and 12 to the agreement with Syblon Reid General Engineering Contractors (Yolo County Agreement No. 19-60) In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System, allowing for the necessary changes, for a total contract increase in the amount of $17,162.22; and
     
  3. Authorize the Director of Integrated Waste Management Division to sign Contract Change Order Nos. 10, 11, and 12.
Strategic Plan Goal(s)
Sustainable Environment
Reason for Recommended Action/Background
The contract with Syblon Reid General Engineering Contractors was awarded on October 15, 2019. At this time the Board gave the Director of Division of Integrated Waste Management authority to approve Contract Change Orders (CCO) for this project provided the Contract amount does not exceed available Funds. CCO execution must also be in-compliance with Public Contract Codes 20142 & 20137 for delegated authority when executing Contract Change Orders. These changes orders are necessary to satisfy structural and civil engineering design changes. 
 
Pursuant to Public Contract Code 20142, the Director of the DIWM only has delegated authority for Contract Change Orders up to $107,223.90 due to limits that are a function of the total contract amount. The statutory limit is calculated as shown here: [$25,000 + 5% of (Contract Price - $250,000)] up to $210,000 for Contract-Price over $250,000
 
The Director’s authorized change order authority was reached with awarding CCO’s 1-3. CCO’s 4-7 were approved by the Board on May 19, 2020. CCO’s 8 and 9 were approved by the Board on July 21, 2020.The additional work described in the change orders 10, 11 & 12 exceeds the statutory Contract Change Order limits for Public Contract Code 20142 by an additional $17,162.22. As such, the Director does not have the authority to execute the Contract Change Orders.
 
Additionally, Pursuant to Public Contract Code 20137, a duly authorized officer of the County can approve Contract Change Order statutory limit of 10% of the Contract – Price ($189,447.80) before requiring competitive solicitation, except under certain conditions described below:
 
The additional cost for the work described above exceeds the statutory Contract Change Order limits for the Public Contract Code 20137. Changes exceeding the Public Contract Code 20137 limit would ordinarily require competitive bidding. However, under Graydon v. Pasadena Redevelopment Agency (1980) 104.Cal.App.3d 631, competitive bidding is not required where such bidding would be unavailing and impractical and would not produce any public advantage.
 
For the following reasons, competitive bidding (Pursuant to Public Contract Code 20137) for the extra work in this case would not produce any public advantage, and it is in the County’s and public’s best interest to work with the existing Contractor on the project rather than competitively bidding these project changes.
 
  • Each of the items of the Contract Change Order Work is functionally integrated with the overall project. Syblon Reid is already mobilized and onsite doing the overall project construction. It wouldn’t be practical to have a different contractor perform the change order work items because they are integrated with the overall infrastructure being constructed.
     
  • Advertising and bidding the project changes would result in a delay in the project. This project is fully integrated into several other Organic Diversion projects at the Yolo County Central Landfill and a delay in one would cause delays in the other projects. Note that these Organic Diversion projects are the current plan and strategy for Yolo County to be in compliance with AB 1826 and SB 1383. As such a delay to this project would put the County and the public at a disadvantage to the two previously stated regulations.
 
The total project cost, including the cost of all CCOs, is $2,246,901.28.  Two progress payments were made in FY 19/20 for a total of $776,354, leaving $1,470,547 to pay from the Fiscal Year 2020/21 budget.  Sufficient funds are budgeted in the 2020/21 fiscal year.
 
These actions will allow the Department to complete the construction of the In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System.
Collaborations (including Board advisory groups and external partner agencies)
The contractor performing the work is Syblon Reid General Engineering Contractors.
Competitive Bid Process
The contract was awarded to Syblon Reid through a competitive bid process which resulted in bids submitted for the project on September 25, 2019.
 
Bid Results
 
Contractor Bid
Swierstock Enterprise Inc. (Pro Builders) $1,980,000.00
Syblon Reid $1,894,478.00
SCS Field Services $3,264,410.00

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   17,162
Amount budgeted for expenditure:    $   1,971,124
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$17,162
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
In-Vessel Digester Liquid and Food Processing Area & Equalization Tank System will be paid by the Sanitation Enterprise Fund, which is funded through the tipping fees collected at the landfill. There will not be an impact to the general fund. The total project cost, including the cost of all CCOs, is $2,246,901.28.  Two progress payments were made in FY 2019/20 for a total of $776,354, leaving $1,470,547 to pay from the Fiscal Year 2020/21 budget.  Sufficient funds are budgeted in the 2020/21 fiscal year.
 
Attachments
Att. A. Contract Change Order #10
Att. B. Contract Change Order #11
Att. C. Contract Change Order #12

Form Review
Inbox Reviewed By Date
Financial Services Shelby Milliren 07/24/2020 10:07 AM
County Counsel Hope Welton 07/24/2020 10:23 AM
Form Started By: rmoore Started On: 07/22/2020 05:09 PM
Final Approval Date: 07/27/2020

    

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