Agenda Item AGENDA STAFF REPORT ASR Control 24-000028
MEETING DATE:	02/27/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Charlene Reynolds (949) 252-5183

Subject: Award Contract for Pre-Construction for JWA Taxiways A, D and E Reconstruction

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: No

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 1/9/2024 #16, 9/26/2023 #21

RECOMMENDED ACTION(S):

Find that the project is categorically exempt from CEQA, Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) pursuant to CEQA Guidelines Sections 15301 and 15302.

Award a contract to Flatiron West, Inc., to provide Construction Manager at Risk Pre-Construction Services for the John Wayne Airport Taxiways A, D and E Reconstruction Project, for a Guaranteed Maximum Price of $1,179,559, effective upon execution of all necessary signatures.

Authorize the Director of OC Public Works or designee to execute the Construction Manager at Risk Pre-Construction Phase Services contract with Flatiron West, Inc.

SUMMARY:

Approval of a contract to Flatiron West, Inc. for the John Wayne Airport, Taxiways A, D and E Reconstruction Project will provide for the replacement of aging pavement on critical taxiways and realign the taxiways to meet Federal Aviation Administration current separation guidance between the taxiways and the vehicle service road.

BACKGROUND INFORMATION:

John Wayne Airport (JWA), located approximately 35 miles south of Los Angeles, between the cities of Costa Mesa, Irvine and Newport Beach, is owned and operated by the County of Orange (County) and is the only commercial service airport in Orange County. JWA’s service area includes more than three million people within the 34 cities and unincorporated areas of Orange County. In 2022, JWA served approximately 11.3 million passengers. The proposed JWA Taxiways A, D and E Reconstruction Project (Project) will reconstruct Taxiways A, D and E (Taxiways) east of Runway 2L-20R. The Project will also provide for a slight realignment of Taxiway A just south of the South Remain Over Night apron and associated reconstruction and realignment of the vehicle service road to maintain the separation guidelines along Taxiway A. The reconstruction of the Taxiways measures approximately 2,800 feet (Taxiway A), 250 feet (Taxiway D) and 500 feet (Taxiway E). The length of reconstruction and realignment of the vehicle service road is approximately 3,200 feet adjacent to Taxiway A. Due to the critical nature and location of the Taxiways, careful planning and construction phasing is required, which will maximize safety and minimize impact to JWA operations to the greatest extent possible.

On September 26, 2023, the Board of Supervisors (Board) approved Contract MA-080-24010110 with AECOM Technical Services, Inc. (AECOM) for Architect-Engineer consultant services for the Project, for a term of five years, in an amount not to exceed $3,413,274.

On September 29, 2022, OC Public Works issued a Request for Qualifications (RFQ) for Construction Manager at Risk Services (Services) for the Project. The RFQ was advertised from January 19, 2023, through February 20, 2023, on the County online bidding system. Five submittals were received in response to the RFQ. Two submittals were pre-qualified to submit a proposal in response to the County’s subsequent Request for Proposals (RFP).

On June 28, 2023, OC Public Works issued an RFP for the Project to the shortlisted respondents. Two proposals were received, deemed responsive and were scored accordingly. On January 9, 2024, the Board unanimously selected Flatiron West, Inc. to provide Services for the Project and directed OC Public Works to issue a revised Notice of Intent to Award (NOIA) and return to the Board for award of a Services contract. On January 18, 2024, the revised NOIA was issued indicating the selection of Flatiron West, Inc.

OC Public Works is procuring Services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 5.6. The Orange County Preference Policy is not applicable to contracts procured in accordance with the DCPM.

Requirements of Title 2 of the Code of Federal Regulations (CFR), Part 200 and Section 200.317-200.326 of the Federal Aviation Administration (FAA) Airport Improvement Plan and 49 CFR Part 26, Participation by Disadvantage Business Enterprises in Department of Transportation Programs, apply to this proposed contract award.

In accordance with the January 9, 2024, Minute Order, OC Public Works is bringing to the Board for award, Contract MA-080-24010874 (Contract) to Flatiron West, Inc. (Contractor) for Services for the Project, for a Guaranteed Maximum Price (GMP) of $1,179,559, effective upon execution of all necessary signatures. Upon substantial completion of the design by AECOM and negotiation of a GMP Proposal for construction services with the Contractor, OC Public Works will return to the Board for award of the Construction Services contract.

The Contractor's license number was verified as current and active through the California Contractors State License Board database on February 23, 2023, and a copy of the verification is on file. The Contractor is based in San Bernardino County.

OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with Houston Airport System, Dallas Love Field Airport and Sacramento Airport regarding similar Services.

This Contract includes subconsultants. See Attachment B for Contract Summary Form.

Compliance with CEQA: The proposed Project is Categorically Exempt (Classes 1 and 2) from the provisions of CEQA pursuant to CEQA Guidelines Sections 15301 and 15302 because it involves reconstruction of the existing Taxiways and associated vehicle service road, which does not include expansion of the existing use, and will have the same purpose and capacity of the existing Taxiways and service road.

FINANCIAL IMPACT:

Appropriations and Revenue for this Contract are included in Fund 281, Airport Construction Fund, FY 2023-24 Budget.

On March 24, 2023, the FAA approved JWA's Passenger Facility Charge (PFC) Application No. 2 and authorized the use of PFC revenue for this Project.

The proposed Contract includes a provision stating the Contract may be terminated for convenience of the County upon less than seven days written notice to the Contractor and upon 10 days written notice to the Contractor prior to the effective date of the termination for cause without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

John Wayne Airport

ATTACHMENT(S):

Attachment A - Contract MA-080-24010874 with Flatiron West, Inc.
Attachment B - Contract Summary Form
Attachment C - Citations from Code of Federal Regulations