RESOLUTION NO.
ACCEPTING THE BID PROTEST AND AWARDING THE CONSTRUCTION
CONTRACT FOR THE CYPRESS AVENUE SEWER REPAIRS PROJECT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NEEDED CHANGE
ORDERS OR AMENDMENTS FOR BOTH THE CONSTRUCTION CONTRACT
AND CONSTRUCTION MANAGEMENT PROFESSIONAL AGREEMENT, FOR THE SUBJECT PROJECT UP TO THE AUTHORIZED PROJECT BUDGET.
WHEREAS, the City owns and operates a sewer collection system and relies on the Santa Rosa Subregional Wastewater Treatment Plant for wastewater treatment, and the costs for treating the wastewater make up nearly 80 percent of the City’s sewer enterprise fund costs and these costs are directly proportional to the amount of flow sent to the Wastewater Plant for treatment; and
WHEREAS, the City can reduce its wastewater treatment costs by decreasing the amount of groundwater and rainwater entering the collection system through joints and cracks in the pipelines and manholes, and to this end, the City has identified locations to repair the sewers and created a contract earlier this year to design and obtain a contractor to make these repairs; and
WHEREAS, the City completed video inspections of areas suspected of having high inflow and infiltration, and, as part of this inspection process, sewer defects were located and described; and
WHEREAS, this information was provided to Brelje and Race Consulting Engineers to design a project to repair the defects, and sewer pipelines in both West Sierra Avenue and Cypress Avenue had a significant number of structural deficiencies and are significant because these sewers are within streets slated for paving in the near-term; and WHEREAS, on May 9, 2023, City Council approved a professional services agreement with Brelje and Race Consulting Engineers to design and prepare bid documents for the Cypress Avenue Sewer Repairs Project; and
WHEREAS, the design has been completed and, in October 2023, a request for bids was put out for the repairs of Cypress Avenue’s sewer; and
WHEREAS, On December 5, 2024, the City received and opened four bids for the Project, and the apparent low bidder was Michael Paul Co, Inc. with a bid of $288,754, which is
12.3 percent below the engineer’s estimate; and
WHEREAS, however, the second low bidder expressed deficiencies with the low bid based on the low bidder not having provided a subcontractor or demonstrated experience coating manholes, as provided for in the bid specifications, and there is ambiguity as to whether the emails provided by the second low bidder met the definition of a formal protest but Staff recommends the City act as if it were and consider their bid protest; and WHEREAS, after a review of the apparent low bid from Michael Paul, Co., Inc., the bid failed to meet the requirement to either have a qualified subcontractor to perform the manhole lining/repair work or provide evidence of the prime contractor having that experience, and neither of these requirements were met by the Michael Paul, Co. Inc. proposal; and WHEREAS, therefore, Staff finds merit to the bid protest and recommends City Council accept the protest to the Michael Paul, Co., Inc, proposal as being valid, and, therefore, in accordance with bidding procedure, the award would be given to the second low bidder which is Corcus Construction, Inc. with a total bid price of $309,900, which is 6 percent below the Engineer’s Cost Estimate; and
WHEREAS, Staff reviewed the Corcus Construction, Inc. proposal and determined it to be a responsive bid; and
WHEREAS, City Staff requested and Brelje and Race Consulting Engineers provided a proposal for Construction Management and Inspection Services, and Staff has reviewed the proposal and finds it to be fair and reasonable; and
WHEREAS, the adopted annual City budget includes the Cypress Avenue Sewer Repairs Project for an amount of $783,700, and, accounting for the design, construction contract, the Construction Management and Inspections agreement and a contingency of 15 percent, the total proposed Project budget is $573,800, which is below the authorized Project budget amount and no additional budget appropriation is being requested; and WHEREAS, the project is Categorically Exempt from further environmental review under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cotati hereby:
1. Accepts the apparent bid protest by Corcus Construction, Inc., and
2. Approves the construction contract with Corcus Construction, Inc. for an amount of $309,900, and
3. Approves the professional services agreement with Brelje and Race Consulting Engineers for Construction Management and Inspection services for an amount of $110,200, and
4. Authorizes the City Manager, or designee, to execute the subject agreements and any needed change orders or amendments up to the authorized Project budget amount.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on January 8, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney