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Consent-Community Services # 39.
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| Board of Supervisors |
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| Subject |
| Authorize Contract Change Orders 8 and 9 for In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System for a total of $86,317.89, and adopt a budget resolution increasing the Department of Community Services Budget by $865,124. (No general fund impact) (Echiburu/Moore) |
| Recommended Action |
- Adopt a finding that competitive bidding for the work described in Contract Change Order No(s). 8 and 9 for the In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System ($86,317.89) would have been unavailing, impractical, and would not have produced any public advantage;
- Approve Contract Change Order No(s). 8 and 9 to the agreement with Syblon Reid General Engineering Contractors (Yolo County Agreement No. 3371) In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System, for a total contract increase in the amount of $86,317.89;
- Authorize the Director of Integrated Waste Management Division to sign Contract Change Order Nos. 8 and 9; and
- Adopt a budget resolution increasing the Department of Community Services Budget by $865,124 (for a total appropriation of $29,643,510) to fund the construction of the In-Vessel Digester – Liquid and Food Processing Area & Equalization Tank System at the Yolo County Central Landfill.
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| Strategic Plan Goal(s) |
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Sustainable Environment |
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Flourishing Agriculture |
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| 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 awarded by the Board as part of the consent agenda on May 19, 2020. The additional work described above exceeds the statutory Contract Change Order limits for Public Contract Code 20142 by an additional $86,317.89, which includes a 20% contingency on Change Order 9, which is for a road segment reconstruction. 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.
At the time that the 2020-21 budget was prepared, Syblon Reid was anticipated to begin construction right away. However, obtaining necessary permits delayed construction and the amount of work completed in FY 2019-20 was not as much as expected. Additionally, the total project cost increased by $324,861.81 due to necessary contract change orders, including Change Orders 8 & 9. The revised project amount is $2,219,339. During FY 2019-20, a progress payment was made in the amount of $348,215. Therefore, the amount remaining to be paid as the project is completed is $1,871,124.
The FY 2020-21 includes $2,200,000 for two projects that are integral to the In-Vessel Digester construction; they are 1) Liquid and Food Processing Area & Equalization Tank System, and 2) the Electrical Control System. The Electrical Control System is estimated to cost $1,194,000, including a contingency of 20%. Therefore, the amount remaining for completion of the Liquid and Food Processing Area & Equalization Tank System is $2,200,000 - $1,194,000 = $1,106,000, resulting in a shortfall of $865,124.
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.
County Counsel approved the Budget Resolution as-to-form. |
| 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 |
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