Agenda Item AGENDA STAFF REPORT ASR Control 23-000827
MEETING DATE:	11/28/23
legal entity taking action:	Board of Supervisors and Orange County Flood Control District
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Edward Frondoso (714) 352-1118
	Darrell Wilson (714) 955-0359

Subject: Renew Contract for Construction Site Flagger 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: $166,393

Annual Cost: FY 2024-25 $133,607

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 115: 50%, Fund 400: 50%	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 12/8/2020 #25

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 1 to renew the contract with Myers & Sons Hi-Way Safety, Inc. for Construction Site Flagger Services, effective December 11, 2023, through December 10, 2024, in an amount not to exceed $300,000 for a cumulative total amount not to exceed $1,800,000, with the option to renew for one additional one-year term.

SUMMARY:

Approval of Amendment No. 1 to renew the contract for Construction Site Flagger Services will facilitate construction work zone safety for OC Public Works staff and the public.

BACKGROUND INFORMATION:

OC Public Works requires Construction Site Flagger Services (Services) to augment County of Orange (County) and Orange County Flood Control District resources to safely direct traffic through construction sites. These Services include the use of traffic cones, gestures, signs and flags to guide motorists through temporary traffic control zones, lane closures and detours.

On August 19, 2020, OC Public Works issued an Invitation for Bid for Services on the County online bidding system. Two bids were received and evaluated. The lowest responsive, responsible bidders, Myers & Sons Hi-Way Safety, Inc. and Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems, were deemed qualified to perform the needed Services.

On December 8, 2020, the Board of Supervisors (Board) approved aggregate Contracts MA-080-21010645 with Myers & Sons Hi-Way Safety, Inc. and Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems for Services, effective December 11, 2020, through December 10, 2023, in an aggregate amount not to exceed $1.5 million.

OC Public Works is proposing to continue procuring these Services in accordance with the 2021 Contract Policy Manual Section 3.3-102. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation; however, no OCPP qualified proposals were submitted.

Previous Request

12/11/2020 – 12/10/2023

Current Request

12/11/2023 – 12/10/2024

Contractors

Requested Contract Amount

Usage as of September 2023

Contractor

Requested Contract Increase

Anticipated

Usage

$1.5 million*

$900,000

$300,000

* The previously approved amount does not roll over to the renewal term.

OC Public Works is recommending the Board approve Amendment No. 1 to renew Contract MA-080-21010645 (Contract) with Myers & Sons Hi-Way Safety, Inc. (Contractor) for Services, effective December 11, 2023, through December 10, 2024, in an amount not to exceed $300,000 for a cumulative total amount not to exceed $1.8 million with the option to renew for one additional one-year term.

Although an offer was extended to Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems to renew their contract, they declined the renewal option as they were unable to honor Contract rates for the renewal term and did not provide adequate justification for their rate increase.

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. The Contractor is based in San Bernardino County.

An analysis was conducted to determine the cost/benefit of contracting out versus providing Services in-house. Based on this analysis, OC Public Works determined that supplementing in-house crews with Contract Services allows for greater flexibility in addressing seasonal peak workload.

The Contract is being presented to the Board for approval less than 30 days before its potential effective date due to delays with the unsuccessful renewal negotiation process with Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems.

This Contract does not currently include subcontractors or pass through to other providers. See Attachment B for Contract Summary Form.

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 item is for approval of Services. The proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for the Contract are included in Fund 115, OC Road, and Fund 400, OC Flood, FY 2023-24 Budget and will be included in the budgeting process for future years.

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being 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

ATTACHMENT(S):

Attachment A - Amendment No. 1 to Contract MA-080-21010645 with Myers & Sons Hi-Way Safety, Inc.
Attachment B - Contract Summary Form
Attachment C - Redline to Contract MA-080-21010645 with Myers & Sons Hi-Way Safety, Inc.