TO: Napa-Vallejo Waste Management Authority Board of Directors
FROM: Chris Celsi, Executive Director
REPORT BY: Chris Celsi, Executive Director
SUBJECT: Reject all Bids and Readvertise for Bids for Construction of C&D Facility
RECOMMENDATION
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The Executive Director requests approval to reject all bids for the new Construction & Demolition Facility at the Devlin Road Transfer Station and readvertise for new bids.
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EXECUTIVE SUMMARY
On June 3, 2025, the Napa-Vallejo Waste Management Authority (Authority) received seven bids for the construction of a new Construction & Demolition (C&D) Facility at the Devlin Road Transfer Station. Bids ranged from $31.8 million to $38.0 million. BHM Construction, the second-lowest bidder, submitted a bid protest (attached) alleging the lowest bidder underbid the project because it underestimated the size of the required photovoltaic (solar) system and did not timely acknowledge all the bid addenda issued by the Authority. Midstate Construction, the lowest bidder, submitted a response (attached) to the bid protest explaining that it is prepared to install the required photovoltaic system and that any late acknowledgement of the bid addenda is not significant enough to warrant rejection of its bid. Though not addressed in the protest, Midstate's bid is significantly unbalanced by including nearly $8 million in its bid just for mobilization and demobilization. Such line item amounts cannot be renegotiated on low-bid projects, and unbalanced bids are usually rejected as non-responsive.
The Authority also received letters (attached) from two organizations who did not submit bids. The first was from a law firm representing the Construction Industry Force Account Council (CIFAC) arguing that all bids must be rejected because there is additional fiber optic work that must be included in the bids for the C&D Facility, and because there are design-build components of the project that preclude awarding the project on a strictl...
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