AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 19-001211
MEETING DATE:	01/14/20
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	3
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Julie Lyons (714) 667-9701
	Stacy Blackwood (949) 923-3743

Subject: Approve Contract for Irvine Regional Park Drainage Improvement Project

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: See Financial Impact Section

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No

Prior Board Action: 4/16/2013 #8

RECOMMENDED ACTION(S):

Award construction contract to Big Ben Inc. dba Big Ben Engineering for the Irvine Regional Park Drainage Improvement Project in the amount of $2,201,370 commencing upon date of execution.

Authorize the Director of OC Public Works or designee to execute the construction contract with Big Ben Inc. dba Big Ben Engineering after the required bonds and certificates of insurance have been submitted and approved by the County Executive Office/Office of Risk Management and County Counsel.

Authorize return of bid guarantees to all bidders, upon execution of the construction contract.

SUMMARY:

Award of the construction contract to Big Ben Inc. dba Big Ben Engineering for the Irvine Regional Park Drainage Improvement Project will prevent flooding in the OC Zoo and Irvine Regional Park and will treat pollutants prior to discharging into Santiago Creek.

BACKGROUND INFORMATION:

The OC Zoo is a 4.5-acre facility located within Irvine Regional Park (Park) that houses mammals, birds, reptiles and native vegetation representing the American Southwest and receives more than 280,000 visitors each year. On April 16, 2013, the Board of Supervisors (Board) approved the General Development Plan (GDP) for the OC Zoo, which includes elements such as drainage improvements to minimize flooding, construction of a new restroom facility, enhancements to the OC Zoo entrance, construction of an Oak Woodlands exhibit, new walkways and connectors and other features to enhance visitors’ experience.

Runoff from the adjacent State Route (SR) 241 and the Park flow towards the OC Zoo, the lowest elevation in the Park, causing flooding during storm events. The Park Drainage Improvement Project (Project) will construct drainage and landscape improvements to prevent flooding within the OC Zoo and treat pollutants within the runoff area to the adjacent SR 241 prior to discharging into Santiago Creek. Project improvements include widening of two existing channels, adding a biofiltration basin for water quality treatment, installation of pinch valves at the existing culverts to prevent backflow and replacement of an open channel that runs through the OC Zoo with an underground storm drain. The drainage tributary to the OC Zoo will be redirected behind Peacock Hills Equestrian area to an existing culvert.

On October 3, 2019, OC Public Works issued an Invitation for Bids for the Project. The following summarizes the nine bids that were received on October 23, 2019, and provides a comparison against the Engineer’s Estimate (EE):

Engineer’s Estimate $1,686,075.70

Big Ben Inc. dba Big Ben Engineering $2,201,370.00

KEC Engineering $2,319,448.85

SRD Engineering Inc. $2,348,720.00

Paulus Engineering Inc. $2,355,176.00

Kana Pipeline $2,379,488.00

Environmental Construction Inc. $2,478,183.00

T.E. Roberts Inc. $2,515,829.50

Norstar Plumbing and Engineering Inc. $2,613,501.00

James McMinn Inc. $2,994,715.20

The lowest responsive and responsible bid submitted by Big Ben Inc. dba Big Ben Engineering (Contractor) for this Project is approximately 23 percent above the EE. OC Public Works has reviewed the EE and verified that the difference is not the result of errors or omissions in the estimate, but is rather attributed to the cost of the installation of the water quality basin and storm drain, which was bid at approximately $290,000 above the EE due to the risk of constructing the Project during the rainy season. It is anticipated that weather delays will impact the construction schedule, but not the budget. Additionally, labor costs for the removal of the cobble channel and installation of new underground storm drain within the OC Zoo were higher than the EE due to the hand work required so as not to stress the animals during the construction activities. Other items accounting for the difference in cost include items factored into the low bid but not the EE, such as permits, inspections, biologists, archaeologists, paleontologists and traffic control.

This Project is eligible for funding in the amount of $1,072,049 through an Orange County Transportation Authority Measure M2 Environmental Cleanup Program grant provided on a reimbursement basis after project completion. The Project must be completed in a timely manner in order to meet the grant deadline.

OC Public Works is requesting the Board approve Contract MA-012-20010734 (Contract) with the Contractor in an amount of $2,201,370, effective upon execution of the Contract. A full summary of the nine bids received can be found in the Bid Summary as Attachment C.

The Contractor's License Number was verified as current and active through the Contractors State License Board database on October 23, 2019. A copy of the verification is on file.

OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with the City of Chino Hills, the City of Villa Park and Golden State Water Company regarding similar projects.

This Contract includes subcontractors. See Attachment B for information regarding subcontractors and Contract Summary Form.

OC Public Works is procuring construction services following the bid process outlined in Public Contract Code 22162 for this Project and in accordance with Section 5.5 of the 2019 Design and Construction Procurement Policy Manual.

Compliance with CEQA: This Project is a necessarily included element of the Project considered in Mitigated Negative Declaration (MND) No. IP 12-323, adopted by the Board on April 16, 2013, for the OC Zoo GDP, which adequately addressed the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project that was not known or could not have been known when the MND No. IP 12-323 was adopted has become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

Appropriations for this Contract are included in the FY 2019-20 Budget for Fund 406: OC Parks Capital. The $2,201,370 cost for the Project may be offset by an Orange County Transportation Authority Measure M2 Environmental Cleanup Program grant in the amount of $1,072,049 provided on a reimbursement basis after Project completion. The Project must be completed by June 2020 to receive grant funds. If the Project is not completed in time, OC Parks has the ability to absorb those costs within its budget.

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Community Resources/OC Parks

ATTACHMENT(S):

Attachment A - Contract MA-012-20010734 with Big Ben Inc. dba Big Ben Engineering
Attachment B - Contract Summary Form
Attachment C - Bid Summary
Attachment D - Project Location Map
Attachment E - Public Contract Code Section 22162