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Consent-Community Services # 35.
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| Board of Supervisors |
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| Subject |
| Approve Change Order #1 to contract with Erosion Control Applications, Inc. for the construction of In-Vessel Digester – Floating Cover allowing necessary changes to liner fabrication and deployment and $48,224.50 increase for a new contract maximum of $522,375.75. (No general fund impact) (Echiburu/Yazdani) |
| Recommended Action |
- Approve Change Order #1 to the agreement with Erosion Control Applications, Inc. (Yolo County Agreement No. 2913) for the construction of In-Vessel Digester – Floating Cover Project, allowing for the necessary changes to the liner fabrication and deployment, and $48,224.50 increase for a new contract maximum of $522,375.75; and
- Adopt finding that competitive bidding for the work described in Change Order #1 for the Construction of In-Vessel Digester – Floating Cover Project would have been inefficient, impractical, and would not have produced any public advantage; and
- Authorize the Director, Division of Integrated Waste Management, to sign Change Order #1.
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| Strategic Plan Goal(s) |
Operational Excellence
Sustainable Environment |
| Reason for Recommended Action/Background |
These actions will allow the Department to complete the construction of the In-Vessel Digester – Floating Cover Project.
Background
The Board of Supervisors awarded a contract on July 24, 2018 to Erosion Control Applications, Inc. to construct the In-Vessel Digester – Floating Cover Project. Change Order #1 to that contract consists of additional work to modify the installation method of the surface liner due to significant changes in the site conditions from when the contract was awarded. Normal installation methods for floating cover liners were found to be impossible due to unforeseen changes in the site conditions; including the placement of the sludge removal system which limited the feasible working area. The two normal installation methods are 1) deploy/fabricate the complete dimensions of the cover liner inside the full surface area of a dry pond, fill the pond with water, then weld the cover liner to the primary liner; or 2) deploy/fabricate the complete dimensions of the cover liner on a nearby cleared working area, pull the completed cover liner across the filled pond, then weld the cover liner to the primary liner. The extra work for this contract change order consists of: 1) a novel floating cover liner fabrication method (colloquially being called an “accordion”) due to a truncated feasible working area inside the existing pond; 2) fabrication of novel specialized floatation buoys to assist in the floatation and deployment of the “accordion” as the pond fills with water; 3) extra labor hours to observe and maintain the health of the “accordion” as the pond was filled; 4) deployment of the fabricated “accordion”; and 5) a change to the methodology for anchoring of the fully installed floating cover liner.
The additional cost for these five items of extra work will exceed the statutory change order limit pursuant to Public Contract Code section 20137 by $809.37. Changes exceeding the statutory 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 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 five items of the contract change order work is functionally integrated with the overall project. Erosion Control Applications (ECA) was already mobilized and onsite doing the overall project construction. The site changes created unique and challenging problems for the installation that would have required novel installation additions/modifications from any contractor.
- Advertising and bidding the project changes would have resulted in a delay in the liner installation before the weather and other factors would cause a major 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.
- Competitive bidding requires award to the lowest responsible bidder. This could have resulted in multiple contractors working on the same project components at the same time, potentially causing conflicts and problems with performance and system functionality.
When the Board awarded the contract, it delegated change order authority to the Director, Division of Integrated Waste Management. Unaware of statutory limitations related to the contract change order approval in the Public Contract Code and, in order to keep the project on schedule and avoid delays due to weather condition, the Director authorized the additional work to be performed by the Contractor. The Director now seeks ratification and approval of that work with Change Order #1. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Counsel and Purchasing Department were consulted in determination of the recommended board actions. |
| Competitive Bid Process |
The contract was awarded to Erosion Control Applications through a competitive bid process which resulted in two bids submitted for the project on September 7, 2018.
Bid Results
Erosion Control Applications $474,151.50
Layfield USA Corporation $614,390.00 |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
Source of Funds for this Expenditure
Sanitation Enterprise Fund
Explanation (Expenditure and/or Revenue)
In-Vessel Digester Floating Cover 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. Funding for this item and subsequent Contract Change Orders is included in the requested budget for FY 18-19. The 2018/19 budget included an amount of $1,580,000 for the development of organic management projects at the landfill for Phase I of the project was budgeted. There is sufficient funds available to cover the cost of this Change Order in this fiscal year. .
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