Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000871

 

MEETING DATE:

11/08/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Joseph Seybold (714) 667-4921 

 

 

Jennifer Carroll (714) 667-4942

 

 

Subject:  Approve Job Order Contracts for General Contracting Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $27,534,247

Annual Cost: FY 2023-24 $22,465,753

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: 11/2/2021 #15, 6/29/2010 #21

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Job Order Contracts for General Contracting Services effective December 12, 2022, through December 11, 2023, in an amount not to exceed $5,000,000 each, for an aggregate total amount not to exceed $50,000,000, with the following:

 

 

a.

Dalke & Sons Construction, Inc.

 

b.

Omega Construction Services, Inc.

 

c.

CTG Construction, Inc.

 

d.

Horizons Construction Company International, Inc.

 

e.

MIK - Prime JV, LLC

 

f.

New Creation Engineering & Builders, Inc.

 

g.

Pub Construction, Inc.

 

h.

SJD&B, Inc.

 

i.

MTM Construction, Inc.

 

j.

Bitech Construction Company Inc.

 

2.

Authorize the Director of OC Public Works or designee to execute the Job Order Contracts.

 

 

 

 

 

SUMMARY:

 

Approval of the Job Order Contracts for General Contracting Services will expedite the completion of County of Orange repair, rehabilitation and maintenance projects and improve public safety and customer service.

 

 

 

BACKGROUND INFORMATION:

 

On June 29, 2010, the Board of Supervisors (Board) approved the establishment of a Job Order Contract (JOC) program to expedite completion of repair and rehabilitation projects involving existing County of Orange (County) facilities and structures. The JOC program includes a competitive public works bidding process. Contractors bid on a price adjustment factor that is multiplied by pre-determined unit prices for materials, equipment and labor.

 

The purpose of the JOC program is to expedite services, as defined by the Contractors State License Board (CSLB), for maintenance and repair work involving health, safety and mandated projects. These efforts include major and minor repairs and replacements, as requested by County departments. OC Public Works utilizes JOCs to provide services to multiple agencies on an as-needed basis. The work is assigned to whichever contractor is available and, depending upon the request, work can be assigned to multiple contractors at the same time.

 

The JOC program functions as an extension of the available workforce to maintain and repair County assets without incurring the full-time burden of employing individual companies and personnel. JOC contractors are not guaranteed or assured work, but respond to the needs of the County on an on-call basis. Depending on their current workload, these contractors have limited crews that may or may not be available to respond to the County’s needs. Therefore, it is prudent to have more than one on-call contractor available should other contractors on the list lack the capacity to respond. Task Orders for the physical work for JOC contracts are generated as a result of various events. The following events are examples that could potentially generate Task Orders for JOC contracts:

 

a.

Unplanned emergency repair or replacement necessitated by a failure of existing equipment and/or physical failure of a facility component.

b.

Planned maintenance and/or repair/replacement of existing structure component or equipment.

c.

Unforeseen events (burst pipes, earthquake, fire, flooding, pandemic, etc.) that necessitate repair/replacement/rehabilitation of a County asset.

d.

Planned or unplanned usage of County JOC contract by one of the County Departments to solve operational issues in a County-owned asset/building.

 

The current JOCs for General Contracting Services (Services) were approved by the Board on November 2, 2021, and will expire on December 11, 2022. In an effort to maintain the Services, a new slate of JOCs is necessary.

 

On June 14, 2022, the Director of OC Public Works approved bid documents for use with the JOC program for Services and authorized the advertisement for bids. The bid documents were advertised in several industry publications and on the County online bid system. Contractors were required to submit a pre-qualification questionnaire and pre-qualify to submit a proposal for these Services. Thirteen bids were received; 12 were deemed responsive and one non-responsive. The Bid Summary is included as Attachment L.

 

OC Public Works is procuring continuation of these Services in accordance with the 2020 Design and Construction Procurement Policy Manual, Section 5.7. The Orange County Preference Policy is not applicable to this JOC award.

 

Previous Request

12/12/2021 – 12/11/2022

Current Request

12/12/2022 – 12/11/2023

Contractors

Requested Contract Amounts

Usage as of

9/6/2022

Contractors

Requested Contract Amounts*

Anticipated Usage

 

8

$40 million

$9,862,325

10

$50 million

$45 million

 

* Requested amount is higher than anticipated usage as reserve capacity is required to respond to Countywide requests for unplanned Task Orders.

 

To date, OC Public Works has issued 33 Task Orders for the current JOCs. OC Public Works has over $43.1 million in forecasted work during the term of the proposed JOCs, which is the reason the number of contractors has increased.

 

OC Public Works is recommending Board approval of the JOCs for Services effective December 12, 2022, through December 11, 2023. The aggregate total for the 10 contracts will not exceed $50 million over the one-year term.

 

Contractors

Contracts

Dalke & Sons Construction, Inc.

MA-080-22011732

Omega Construction Services, Inc.

MA-080-23010257

CTG Construction, Inc.

MA-080-23010258

Horizons Construction Company International, Inc.

MA-080-23010259

MIK - Prime JV, LLC

MA-080-23010260

New Creation Engineering & Builders, Inc.

MA-080-23010261

Pub Construction, Inc.

MA-080-23010262

SJD&B, Inc.

MA-080-23010264

MTM Construction, Inc.

MA-080-23010265

Bitech Construction Company Inc.

MA-080-23010266

 

The contractors' license numbers were verified as current and active through the CSLB database on June 14, 2022. Copies of the verifications are on file.

 

OC Public Works has conducted due diligence on the contractors. Reference checks were satisfactory and completed with the following regarding similar Services:

 

Contractor

Reference

Reference

Reference

Dalke & Sons Construction, Inc.

Moreno Valley Unified School District

California Department of General Services, Real Estate

Riverside County

Omega Construction Services, Inc.

Los Angeles County Department of Public Works

California State University, Fullerton

Fullerton Joint Union High School District

CTG Construction, Inc.

Balfour Beatty

California State University, Long Beach

Ledesma & Meyer Construction Co. Inc.

Horizons Construction Company International, Inc.

San Bernardino County

Riverside County

Citrus Community College District

MIK - Prime JV, LLC

University of California, Los Angeles Health

City of San Francisco

CHA Health Systems

New Creation Engineering & Builders, Inc.

Los Angeles County Department of Parks & Recreation

Los Angeles County Department of Public Works

City of Long Beach

Pub Construction, Inc.

San Bernardino County

Los Angeles County Department of Public Works

City of San Diego

SJD&B, Inc.

Los Angeles County Department of Parks & Recreation

Judicial Council of California

Mt. San Antonio College

MTM Construction, Inc.

Los Angeles County Internal Services

Los Angeles County Department of Public Works

County of Ventura

Bitech Construction Company Inc.

Anderson Barker

City of Long Beach

Los Angeles Unified School District

 

These contracts, due to the nature of the Services, could require the addition of subcontractors. In order to add subcontractors to the contracts, the provider/contractor must seek express consent from OC Public Works. Should the addition of a subcontractor impact the scope of work and/or contract amounts, OC Public Works will bring the items back to the Board for approval. See Attachment K for the Contract Summary Forms.

 

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the action pertains to contracts for Services associated with potential future County repair, rehabilitation and maintenance projects. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed in compliance with CEQA.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for the JOC program are included in the FY 2022-23 Budget for OC Public Works, Budget Control 080, and will be included in the budgeting process for future years.

 

In an effort to consolidate the administration of various internal JOC programs under OC Public Works for Countywide utilization, the not to exceed amount has been set to maximize utilization of the JOCs by OC Public Works and other County departments. Individual job orders will be encumbered as needed by various departments, provided sufficient appropriations are available in the budget and future budget years.

 

The proposed contracts include provisions 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

 

ATTACHMENT(S):

 

Attachment A - Contract MA-080-22011732 with Dalke & Sons Construction, Inc.
Attachment B - Contract MA-080-23010257 with Omega Construction Services, Inc.
Attachment C - Contract MA-080-23010258 with CTG Construction, Inc.
Attachment D - Contract MA-080-23010259 with Horizons Construction Company International, Inc.
Attachment E - Contract MA-080-23010260 with MIK - Prime JV, LLC
Attachment F - Contract MA-080-23010261 with New Creation Engineering & Builders, Inc.
Attachment G - Contract MA-080-23010262 with Pub Construction, Inc.
Attachment H - Contract MA-080-23010264 with SJD&B, Inc.
Attachment I - Contract MA-080-23010265 with MTM Construction, Inc.
Attachment J - Contract MA-080-23010266 with Bitech Construction Company Inc.
Attachment K - Contract Summary Forms
Attachment L - Bid Summary
Attachment M - Omega Construction Services, Inc. Corporate Resolution
Attachment N - Bitech Construction Company Inc. Corporate Resolution