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2023.03.16 Attachment to Agenda Item 6aSouth Tahoe Public Utility District Memorandum Date: March 15, 2023 To: Board of Directors John Thiel, General Manager From: Brent Goligoski, Associate Engineer Subject: Recommendation for Bid Award 2023 Luther Pass and Heavenly Tanks Rehab Project As indicated in the attached memorandum and summary by the Contracts Administrator, Staff has found irregularities in all four bids received. There is an important distinction, however, between irregularities that are immaterial and ones that are material. Immaterial irregularities may be waived by the Governing Board, in its discretion. Material irregularities generally give the bidder an unfair competitive advantage or contain errors that would permit the bidder to withdraw its bid. Material irregularities may not be waived. The apparent low bid received from Euro Style Management for the 2023 Luther Pass and Heavenly Tanks Rehab Project (Project) did not include a valid original Bid Bond (Bid Security) at the time of the bid opening as required by the contract specifications. It has been a long standing requirement of District project specifications that a valid original Bid Security be provided to the District prior to bid opening. It is the opinion of Staff that if the District does not have a valid Bid Security in hand, a bidder could have the opportunity to withdraw their bid which provides a material advantage over other bidders. Staff recommends that the Board find Euro Style Management non -responsive and reject their bid based on this material deviation from the bidding requirements. The second lowest bid received from Farr Construction Corporation, dba Resource Development Company (RDC) contained minor irregularities as listed in the attached memorandum by the Contracts Administrator. Staff recommends that the Board waive these immaterial irregularities. The bid items for this Project were structured to include a single Alternate Bid Item to provide Seismic Steel Plating to reinforce the Luther Pass Pump Station Tank 1 structure based on current design standards. The bid amounts for this item ranged from $212,000 to $412,600. Considering the criticality of this storage tank to the District's wastewater export system and the potential consequences of failure, Staff recommends the Board include this alternate in the award of the Project. Staff recommends that the Board: 1) Find the bid from Euro Style Management non- responsive and reject Bid; 2) Find minor irregularities in the bid from Farr Construction Corporation, dba Resource Development Company (RDC) to be immaterial and waive immaterial irregularities; and 3) Award Project to the lowest responsive, responsible bidder, RDC in the amount of $1,178,000.00 including the Alternate Bid Item. South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Telephone: (530)544-6474 Fax: (530)541-4319 Memorandum Date: March 15, 2023 To: Board Members, John A. Thiel From: Starlet Glaze, Contracts Administrator Subject: 2023 Luther Pass & Heavenly Tanks Rehabilitation Project At 2:00 o'clock on the Afternoon of March 7, 2023, we received Four (4) electronic bids via PlanetBids for the above -referenced project. Bids ranged from $973,200.00 to $1,730,900.00. The lowest bid was found to be non -responsive for failure to submit the Bid Bond prior to the Bid Opening as required. The third lowest was found to be non -responsive for failure to provide the original Bid Forms within the Forty -Eight Hour period after the Bid opening as required. A careful review and analysis of the remaining two bids showed only minor deviations. See attached spreadsheet and list of deviations for full breakdown of each bid. Farr Construction Corporation dba Resource Development Company is the apparent low bidder. Farr Construction Corporation dba Resource Development Company had only minor deviations. I contacted the Contractor's License Board and was given the following information: License Number 1050646 is current and active and expires 02/28/2025. The company is a corporation. Farr Construction Corporation dba Resource Development Company holds a Class A — General Engineering license, a Class B — General Building license, a C33 Certification for Painting and Decorating, and a C-61 / D12 Certification for Synthetic Products . I also contacted the California Department of Industrial Relations Contractor Registration site and verified that Farr Construction Corporation dba Resource Development Company is registered under PWCR Number 1000064750. 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O voi Ln to H w W O j �+ m N C W 7 7 � � 0 N U `0 U c m 0 m C Q LY U C O C W C O f0 in VI W w p C f0 - W W N cu N ai K C E W r 7 7 y j0 0 7 0 ati Ln C 00i C 00i c •� 3 O aW+ W 0 E aW, inig C F O C a p C u u c 0W � z� u to C n Q 00 09 f0 ~ C mW Y 7 N N N a eO O ti y C � '7 T O O Y 0 d Lb �O O W O C Y O O W N C W 0 0 W O- O O U c i+ Y m U a V U V U m U _> U O v) •� c- a O 0~ 10 f0 W C C t tor- W u Q -y1 p V L Y y W `0 O O m - O W m v) C j0 p IJ H E cp u-S a 0 ; y C W Lu V) a s 2 w= z° s m to ri N m V Ln LD 1� o0 m O r-1 N cn V LntD W W ri ri ri ri ri ri iW+ ri 'n M E W _0 W m m a 2023 Luther Pass & Heavenly Tanks Rehabilitation Project Bid Opening: Tuesday, March 7, 2023 at 2:00 o'clock p.m. Deviations and information a#hared dur'rn bid analysis of the four Bids received: Euro Style Management • List of Subcontractors o The subcontractor's addresses listed on the Bid Form did not match either the Contractor's State License Board (CSLB) or the California Department of Industrial Relations (CA DIR) websites. We were, however, able to verify that both addresses were current and used for mailing purposes. • Certification by Contractor's Insurance Broker o The authorized representative did not fill out the "for" blank under the signature line. The "for" is, however stated in the first paragraph of the document. o The Authorized Representative's Signature was dated March 7, 2023; however the Notary Certification was dated March 3, 2023. o Staff was unable to verify that the insurance company listed on the Bid Form was licensed with the California Department of Insurance (CDI). Bid Bond o The Contractor failed to provide the original Bid Bond to the District prior to the Bid Opening on March 7, 2023 as required. Farr Construction Corporation dba Resource Development Company RDC • List of Subcontractors o The full entity name and address listed on the Bid Form does not match the Department of Industrial Relation's website (CA DIR). We were, however, able to verify that the CA DIR Registration was current and active. Bidder's General Information o Item 6, the name, address, and agent's name were provided by the brokerage agency on the Bid Form (no phone number). No surety company information (name, address, or phone number) was provided. We were, however, able to verify that the Bid Bond is valid and meets District requirements. Certification by Contractor's Insurance Broker o The Certification was filled out incorrectly. The authorized agent named the brokerage agency instead of the insurance company in both the second line and third paragraph of the Certification. o Staff was able to obtain and verify the insurance company's name through the brokerage agency we were not however, able to verify that the entity was registered with the California Department of Insurance (CDI). The intent of the Certification by Contractor's Insurance Broker Bid Form is to - verity that the Contractor can obtain the required insurance prior to execution of the Contract. Staff requested and received a new Certification that met District requirements. Crosno Construction Inc. • List of Subcontractors o The subcontractor's addresses listed on the Bid Form did not match either the Contractor's State License Board (CSLB) or the California Department of Industrial Relations (CA DIR) websites. We were, however, able to verify that both addresses were current and used for mailing purposes. • Bidder's General Information o Item 6, The authorized agent did not provide the surety company's name. We were, however, able to verify that the bid Bond is valid and meets District requirements. • Original Bid Forms o The Contractor failed to provide the original Bid Forms within Forty -Eight Hours of the Bid opening as required. Utility Service Co., Inc. • Bidder's General Information o The address provided on the Bid form does not match either the Contractor's State License Board (CSLB) or the California Department of Industrial Relations (CA DIR) websites. We were, however, able to verify that both addresses were current and used for mailing purposes. • Certification by Contractor's Insurance Broker o The Bid Form was left blank with a letter from the Contractor's insurance broker submitted in leu of. No insurance company name was provided. Without this information we were unable to verify that the insurance company was registered with the California Department of Insurance (CDI). 2023 LUTHER PASS & HEAVENLY TANKS REHAB PROJECT CONTRACTOR'S SUBCONTRACTORS Euro Stvle Manaaement Description of Work Subcontractors Name & Address Cathodic Protection 5% Accurate Corrosion Control, Inc. 7310 N 108th Ave. Glendale., AZ 85307 CA#654613; CA DIR PWC #1000028833 Named E ui mentlMaterial Supplier List: Equipment/Material Supplier 1 Manufacturer Interior Coating for Luther Sherwin - Williams Exterior Coating for Luther Sherwin - Williams Exterior Coating for Heavenly Sherwin — Williams Abrasive Blast Material Kleen Blast/Can AM Minerals Farr rnnQtri,r_tinn Cnrnnratien dba Resource Develonment Comm Description of Work Subcontractors & Address Cathodic Protection 1 % Corrosion Integrity LLC 5N954 E Ridgewood Dr. St. Charles, IL 60175 CA#1057714; CA DIR PWC #1000421416 Named E ui mentlMaterial Supplier List: Equipment/Material Supplier / Manufacturer Interior Coating for Luther Sherwin Williams Commercial Paint Store I Dura late 6000/6100 Sherwin Williams Exterior Coating for Luther Sherwin Williams Commercial Paint Store / Galvapac I Corothane/Macropoxy 646 / Sherwin Williams Sherloxane 800 Exterior Coating for Heavenly Sherwin Williams Commercial Paint Store I Galvapac I Corothane/Macropoxy 646 / Sherwin Williams Sherloxane 800 Abrasive Blask Material Kleen Blast / Kleen Blast 35 Grit Iron Alumina Silicate Paint Pumps Allredi / Graco Graco XP70/X70 Dehumifier CDI HVAC / Arid -Dry MS 6000 RC2-138 Blast Pot Allredi / Marco Blastmaster 160 CuFt Blast Pot 2023 LUTHER PASS & HEAVENLY TANKS REHAB PROJECT CONTRACTOR'S SUBCONTRACTORS Crosno Construction. Inc. Description of Work Subcontractors & Address Coating / Painting 39% Olympus and Associates, Inc. Reno, NV CA#777677: CA DIR(PWC)#1000007287 Cathodic Protection 2% Accurate Corrosion Control Glendale, AZ CA#654613; CA DIR PWC #1000028833 Named E ui mentlMaterial Supplier List: Equipment/Material Supplier/ Manufacturer Interior Coating for Luther Sherwin Williams / Sherwin Williams Exterior Coating for Luther Sherwin Williams / Sherwin Williams Exterior Coating for Heavenly Sherwin Williams / Sherwin Williams Abrasive Blast Material Kleen Blast / Kleen Blast NUN Service Co.. Inc. Description of Work Subcontractors & Address Cleaning / Painting 20.8% Odle Inc. 2560 W Kilgore Avenue Muncie, IN 47304 CA#1053142; CA DIR(PWC)#1000537692 Cathodic Protection 2.3% Corrpro Companies Inc. 17988 Edison Avenue Chesterfield, MO 63005 CA#764878; CA DIR(PWC)#1000002963 Named E ui mentlMaterial Supplier List: Equipment/Material Supplier / Manufacturer Interior Coating for Luther Sherwin Williams / Sherwin Williams Exterior Coating for Luther Sherwin Williams / Sherwin Williams Exterior Coating for Heavenly Sherwin Williams / Sherwin Williams Abrasive Blast Material MES / Green Diamond