AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000573
MEETING DATE:	08/24/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Kevin Onuma (714) 647-3939
	Nardy Khan (714) 647-3906

Subject: Approve Oso Bridge Contract Amendment for Construction Management and Inspection

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $250,000

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: See Financial Impact Section

Funding Source: Fund 174: 100%	County Audit in last 3 years: No

Prior Board Action: 4/24/2018 #40, 10/24/2006 #35

RECOMMENDED ACTION(S):

Authorize the Director of OC Public Works or designee to execute Amendment No. 3 to the contract with Jacobs Project Management Co. for Construction Management & Inspection Services for Oso Parkway Bridge Project, effective October 24, 2021, through October 23, 2022, in an amount not to exceed $250,000, for a revised cumulative contract total amount not to exceed $1,968,085.

SUMMARY:

Approval of Amendment No. 3 to the contract for Construction Management & Inspection Services for Oso Parkway Bridge Project will support closing a gap in the mainline roadway system, thus providing an efficient transportation connection that will mitigate forecasted deficiencies and improve mobility in south Orange County.

BACKGROUND INFORMATION:

Transportation infrastructure improvements are necessary to address mobility, access and arterial congestion in south Orange County. Arterial congestion is anticipated as a result of future traffic demands, which will be generated by projected increases in population, employment, housing and travel estimated by the Southern California Association of Governments. The Oso Parkway Bridge Project (Project) supports existing, planned and approved development in south Orange County by providing transportation infrastructure identified in regional, County of Orange (County) and local plans.

The Project was substantially completed October 2020 and opened to public traffic on January 13, 2021. It closed a gap in the mainline roadway system between the southern terminus of State Route 241 (SR-241) and the northern terminus of Los Patrones Parkway (also known as F Street) through the construction of a bridge structure for Oso Parkway over SR-241.

The Project site is located in the southern part of unincorporated Orange County, with the City of Mission Viejo to the west, the City of Rancho Santa Margarita to the north and the City of San Juan Capistrano to the south. The Foothill/Eastern Transportation Corridor Agency (F/ETCA) is funding the Project with Project oversight from OC Public Works and the California Department of Transportation, District 12.

On November 17, 2017, OC Public Works issued a Request for Proposals for Architect-Engineer Construction Management & Inspection Services (Services) for the Project. Prior Board of Supervisors (Board) action is summarized in the table below.

Date	Board Action	Contractor	Amount	Effective Date	End Date
4/24/2018	Approve initial contract	Jacobs Project Management Co.	$1,618,085	4/24/2018	4/23/2021
N/A	Amendment No. 1 executed by OC Public Works Director’s designee in accordance with 2018 Design and Construction Procurement Policy Manual (DCPM), Section 3.3-108	Jacobs Project Management Co.	$100,000	1/25/2019	4/23/2021
N/A	Amendment No. 2 executed by OC Public Works Director’s designee in accordance with 2020 DCPM, Section 3.3-108	Jacobs Project Management Co.	No contract cost increase	1/13/2021	10/23/2021

OC Public Works procured these Services in accordance with 2020 DCPM, Section 3.3. The Orange County Preference Policy is not applicable to this contract.

Previous Request

April 24, 2018 – October 23, 2021

Current Request

October 24, 2021 – October 23, 2022

Contractors

Requested Contract

Amounts

Usage as of May 31, 2021

Contractors

Requested Contract Amounts

Anticipated Usage

$1,718,085

$1,693,702

$250,000

Although the Project is considered substantially complete as of January 2021, an increase to the Contract at a not-to-exceed amount and a one-year contract extension is being requested as Jacobs Project Management Co. (Contractor) is required to assist in the Project closeout to address an on-going dispute filed by Ortiz Enterprises, Inc. (Ortiz). The Contractor provided staff support for construction of the Project. Ortiz submitted written requests to dispute bridge soffit defect repairs and time-related overhead. In both cases, the County and the Contractor rejected Ortiz’s disputes. In accordance with the Contract specifications, a Dispute Resolution Board (DRB) hearing was held on May 24, 2021. The County, Contractor and Ortiz presented their cases to the DRB. The DRB’s recommendation was received on July 8, 2021.

OC Public Works is recommending Board approval of Amendment No. 3 to Contract MA-080-18011516 (Contract) with the Contractor for Services, to extend the term effective October 24, 2021, through October 23, 2022, in an amount not to exceed $250,000 for a revised cumulative Contract total amount not to exceed $1,968,085. In addition to the Contract increase and extension of the effective date, OC Public Works is amending the Contract in order to comply with the DCPM and applicable labor codes of the State of California to reflect personnel changes for the Contractor and OC Public Works.

As previously specified, the Project is fully funded by F/ETCA. F/ETCA plans to increase the financial obligation to this Project and is scheduled to be heard by F/ETCA’s board in August 2021. The $250,000 increase for this Contract will be the Contract capacity; however, OC Public Works plans to issue partial Notices to Proceed to be consistent with F/ETCA’s maximum increased obligation.

The Contractor’s performance has been confirmed as satisfactory. OC Public Works has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.

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

Compliance with CEQA: The proposed action is a necessarily included element of the Project considered in Final Environmental Impact Report (FEIR) Nos. 584 and 589, which were certified by the Board on October 24, 2006, and November 8, 2004, respectively and Addendum IP 15-252, approved by the Director of OC Public Works on June 10, 2016, for the Project, which adequately addressed the effects of the 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 FEIR Nos. 584 and 589 were certified and Addendum No. IP 15-252 was approved have become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

Appropriations for Amendment No. 3 to the Contract are included in FY 2021-22 Budget for OC Road, Fund 174.

The F/ETCA provides reimbursement of 100 percent to the County for direct labor with respect to advertising, awarding and administering services and construction costs incurred in support of the Project. The County shall continue to invoice F/ETCA for County's actual costs incurred (including overhead and burden) as part of the Project's Services on a monthly basis, in the arrears, for actual costs incurred during the immediately preceding month.

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 the Contract. If such appropriations are not approved, the Contract may be immediately terminated without penalty to the County.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment No. 3 to Contract MA-080-18011516 with Jacobs Project Management Co.
Attachment B - Redline to Contract MA-080-18011516 with Jacobs Project Management Co.
Attachment C - Contract Summary Form