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Agenda Item
ASR
Control 24-000032 |
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MEETING
DATE: |
06/25/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
3,
4 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Fiona
Man (714) 647-3953 |
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Steve
Carrillo (714) 955-0129 |
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Subject: Approve
Extension to Design Contract and Award Construction Contract for OC Loop
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current
Year Cost: $12,030,205 |
Annual
Cost: N/A |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 8/8/2023 #7, 3/10/2020 #13, 8/27/2019
#27, 9/26/2017 #13 |
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RECOMMENDED
ACTION(S):
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1. |
Authorize the Director of OC Public
Works or designee to execute Amendment #4 to extend the contract for Design
Services for Carbon Canyon Channel Class 1 Bikeway (OC Loop Segment D) with
Mark Thomas & Company, Inc., for a two-year term, such that the term ends
on August 27, 2026, and to increase the amount not to exceed by $150,000, for
a revised cumulative total amount not to exceed $1,108,420. |
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2. |
Award contract to Blue Iron Foundations
& Shoring, LLC for the OC Loop Carbon Canyon Channel (Segment D) Project,
effective upon Board of Supervisors approval, to be completed within 330
working days of the effective date of the Notice to Proceed in the amount of
$11,880,205. |
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3. |
Authorize the Director of OC Public
Works or designee to execute the contract with Blue Iron Foundations &
Shoring, LLC. |
SUMMARY:
Approval of the
extension of the contract for Design Services and award of the contract for construction
services for the OC Loop Carbon Canyon Channel (Segment D) Bikeway Project will
improve bicycle safety and provide additional commuting and recreational
opportunities for the communities in Orange County.
BACKGROUND
INFORMATION:
The OC Loop
connects and extends several regional bikeways to provide a continuous 66-mile
loop around north and central Orange County. The OC Loop Bikeway Concept Plan
was envisioned initially within the 2009 Orange County Transportation Authority
(OCTA) Commuter Bikeways Strategic Plan, later followed by the 2012 OCTA Fourth
District Bikeways Strategy Report. One segment within the OC Loop is the Carbon
Canyon Channel Class 1 Bikeway, which is also known as OC Loop Segment D.
In furtherance of
the work on the OC Loop, OC Public Works presents two contracts for
consideration to the Board of Supervisors (Board). Both contracts have been
combined into one ASR because they pertain to the OC Loop Carbon Canyon Channel
(Segment D) Bikeway Gap Closure (Project). Approval of Amendment No. 4 to the
Contract MA-080-19011921 (Design Contract) with the Mark Thomas & Company,
Inc. (Design Contractor) extends the term for two years and increases the not
to exceed amount. Award of Contract MA-080-24011367 (Construction Contract) to
Blue Iron Foundations & Shoring, LLC (Construction Contractor) is for the
Project’s construction phase.
The Project closes
a gap in the OC Loop network by connecting the intersection of La Floresta
Drive and Imperial Highway with the existing El Cajon Trail at Bastanchury Road
and Carbon Canyon Channel providing a Class I bikeway facility along the Carbon
Canyon Channel and Imperial Highway. Portions of the Project are located within
the cities of Yorba Linda, Placentia and Brea. The Project includes
installation of retaining walls, drainage conveyance, lighting, fencing,
landscape and irrigation, Americans with Disabilities Act-compliant access,
bicycle/pedestrian signals, maintenance road access, signage and development of
localized stormwater best management practices.
On April 26, 2016,
the Board approved submittal of a Bicycle Corridor Improvement Program (BCIP)
funding application for the Project. On September 27, 2016, the Board
authorized OC Community Resources/OC Parks to accept BCIP grant funds from OCTA
for design phase services in the amount of $1.056 million.
On September 26,
2017, the Board approved the Bikeways and Trails Agreement between the Orange
County Flood Control District and City of Placentia (City) to allow the City to
operate and maintain existing and future bikeways and pedestrian trails. On
March 10, 2020, the Board approved various Cooperative Agreements and adopted
various Resolutions between the County of Orange (County) and the cities of
Yorba Linda, Placentia and Brea detailing funding obligations, right-of-way
acquisitions, design and construction.
On January 2,
2019, OC Public Works issued a Request for Proposals (RFP) for Design Services
(Services) to support the Project. An evaluation committee reviewed the
responsive proposals and recommended award of the Design Contract to the Design
Contractor.
On August 27,
2019, the Board approved the Design Contract, effective August 28, 2019,
through August 27, 2024, in an amount not to exceed $858,420. Amendment No. 1
to the Design Contract was administratively approved to add the Final Cost
Proposal and exhibits referencing approved California Department of
Transportation classification rates. Amendment Nos. 2 and 3 were approved
administratively to increase the not-to-exceed amount by $51,070 and $48,930,
respectively, for a revised cumulative total amount not to exceed $958,420.
On August 8, 2023,
the Board approved Amendment No. 1 to the Cooperative Agreement between the
County and the City authorizing the one-time payment of $215,682 to the City to
accommodate the City's Golden Avenue Bridge replacement, which crosses the
bikeway route.
OC Public Works is
recommending Board approval of Amendment No. 4 to extend the Design Contract
with the Design Contractor, for a two-year term, such that the term ends on
August 27, 2026, and to increase the amount not to exceed by $150,000, for a
revised cumulative amount not to exceed $1,108,420. The two-year extension
allows the Design Contractor to provide support during the Project’s
construction phase.
The Design
Contractor’s performance has been confirmed as satisfactory. OC Public Works
has verified there are no concerns that must be addressed with respect to the
Contractor’s ownership/name, litigation status or conflicts with County
interests.
This Contract
includes subcontractors. See Attachment G for information regarding
subcontractors and Contract Summary Form.
On February 23,
2024, OC Public Works issued an Invitation For Bids for Construction Services
for the Project. Four bids were received and deemed responsive.
The following summarizes the
responsive bids and provides a comparison against the Engineer’s Estimate (EE):
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Base
Bid |
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Engineer's
Estimate |
$12,735,529 |
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Blue Iron
Foundations & Shoring, LLC |
$11,880,205 |
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Reyes
Construction, Inc. |
$12,083,049 |
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Nationwide
Contracting |
$13,154,855 |
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Beador |
$13,350,700 |
A full summary of
the responsive bids received can be found in the Bid Summary as Attachment C.
The lowest
responsive and responsible bid submitted by the Construction Contractor for the
Project is approximately 7 percent below the EE of $12,735,529. OC Public Works
has reviewed the bid submitted by the Contractor and verified that the
difference is not the result of errors or omissions in the estimate but is
attributed to the competitive environment.
OC Public Works is
recommending the Board award the Construction Contract to the Construction
Contractor in the amount of $11,880,205, effective upon Board approval, to be
completed within 330 working days of the effective date of the Notice to
Proceed. Pursuant to 2020 DCPM Section 6.10(2), upon Board award of the
Construction Contract, receipt and approval of the Construction Contractor’s
bonds and insurance by OC Public Works and on satisfaction of any other
prerequisites to the Construction Contractor’s performance, the Director of OC
Public Works or designee will execute the Construction Contract and the Project
Manager will issue the Notice to Proceed, which begins the performance period
of the Construction Contract. The Project was included as part of the
Board-approved FY 2022-23 through FY 2028-29 OC Public Works 7-Year Capital
Improvement Program.
The Construction
Contractor’s license number was verified as current and active through the
Contractors State License Board database as of April 18, 2024. A copy of the
verification is on file. The Construction Contractor is based in Sacramento
County.
OC Public Works
has conducted due diligence on the Construction Contractor. Reference checks
were satisfactory and completed with General Engineering Contractors, CJW
Construction, and Los Angeles County regarding similar projects.
The Construction
Contract includes subcontractors. See Attachment C for Contract Summary Forms.
Compliance
with CEQA: This
project is a necessarily included element of the project considered in the
Final Initial Study/Mitigated Negative Declaration No. IP 16-343 approved by
the Board on August 8, 2017, for the OC Loop Carbon Canyon Channel Bikeway Gap
Closure Segment D Project, 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 which was not known or could not have been known when the Final Initial
Study/Mitigated Negative Declaration No. IP 16-343 was approved has become
known; therefore, no further environmental review is required.
FINANCIAL IMPACT:
Appropriations for
the contracts are included in Fund 174, OC Road Capital Projects, FY 2023-24
Budget and will be included in the budgeting process for future years. The County may be reimbursed with funds
received from the Federal-Construction grant and State fund Road Maintenance
and Rehabilitation Act/SB1 (RMRA/SB1) for all eligible services that use the
contracts.
The proposed
contracts include a provision stating the contracts are subject to, and
contingent upon, applicable budgetary appropriations being approved by the
Board for each fiscal year during the term of the contracts. If such
appropriations are not approved, the contracts may be immediately terminated
without penalty to the County.
STAFFING IMPACT:
N/A
REVIEWING
AGENCIES:
OC Community Resources/OC Parks
ATTACHMENT(S):
Attachment A - Amendment No. 4 to
Contract MA-080-19011921 with Mark Thomas & Company, Inc.
Attachment B - Contract MA-080-24011367 with Blue Iron Foundations &
Shoring, LLC
Attachment C - Contract Summary Forms
Attachment D - Bid Summary
Attachment E - Project Location Map
Attachment F - Redline to Contract MA-080-19011921 with Mark Thomas & Company,
Inc.