AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 15-000799
MEETING DATE:	07/14/15
legal entity taking action:	Orange County Flood Control District
board of supervisors district(s):	3
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Shane Silsby (714) 667-9700
	Kevin Onuma (714) 647-3939

Subject: Award Contract for Glassell Yard Campus Stormwater Low Impact Development

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $3,980,474

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: OC Flood Fund 400: 27%, State Proposition 84 Grant: 73%	County Audit in last 3 years: No

Prior Board Action: 3/24/2015 #25, 11/5/2013 #14, 4/9/2013 #46

RECOMMENDED ACTION(S):

Award Contract MA-080-15012058 to Tobo Construction, Inc. in the amount of $3,980,474 for the Glassell Yard Campus Stormwater Low-Impact Development Retrofit Project.

Authorize the Chairman of the Board to execute the Contract when the required bonds and certificates of insurance have been submitted and approved by County Executive Office/Risk Management and County Counsel.

Authorize return of bid guarantees to all bidders upon execution of Contract.

SUMMARY:

Award of construction Contract MA-080-15012058 in the amount of $3,980,474 for Glassell Yard Campus Stormwater Low-Impact Development Retrofit Project will allow the Orange County Flood Control District to continue improving water quality for residents and visitors within the watershed, provide education and outreach regarding stormwater best management practices, complete a key Proposition 84 Storm Water Grant requirement, and allow the Orange County Flood Control District to construct this innovative and progressive water quality project.

BACKGROUND INFORMATION:

The Glassell Campus (Campus) is an Orange County Flood Control District owned facility comprised of three parcels located at the intersection of North Glassell Street and East Bristol Lane in the City of Orange. The 9.4 acre Campus provides an operating base and office for OC Public Works staff. The OC Public Works Glassell Yard Campus Stormwater Low-Impact Development Retrofit Project (Project) will improve water quality within the Santa Ana River Watershed by implementing a series of low-impact development features, which will reduce storm water runoff; treat water prior to discharge; infiltrate water into the groundwater table; capture storm water for re-use; and educate visitors through implementation of a public outreach program highlighting features of the improvements.

The Project will reduce stormwater runoff from the site by removing existing impervious surfaces and constructing landscaped infiltration strips and bioretention best management practices, including permeable paving, flow-through planters, bioswales, modular wetlands, and a subsurface cistern on the 9.4 acre Campus to filter and remove pollutants, infiltrate and reduce stormwater runoff, and achieve 100% stormwater treatment and 85% on-site retention of an 85th percentile storm event.

On April 9, 2013, the Board adopted a Resolution to obtain Proposition 84 Storm Water Grant Program Public Resources funding for the Project from the California State Water Resources Control Board. This resulted in approval of a $2,918,597 grant in support of constructing this project.

On March 24, 2015, the Board approved the Plans and Special Provisions, and OC Public Works issued an Invitation for Bid (IFB) for the Project. The IFB was advertised with ARC, the Trade Journals, and BidSync; 5 bid responses were received. Tobo Construction, Inc. was determined to be the lowest, responsive, and responsible bidder. The following summarizes the bid responses received on May 13, 2015 along with the Engineer's Estimate:

Contractor	Base Bid
Tobo Construction, Inc. - Recommended Contractor	$3,980,474.00
Los Angeles Engineering - Bid withdrawn by bidder	$4,924,533.50
USS Cal Builders	$6,100,750.00
Pulp Inc., dba Excel Paving Co	$6,388,288.75
Minako America Corp., dba Minco Construction	$7,415,919.00
Engineer's Estimate	$4,670,000.00

Tobo Construction, Inc. is the lowest bidder and is licensed to perform the Project work within the State of California; the Contractor’s License No. 758012 was verified as current and active through the Contractors State License Board database on May 14, 2015. A copy of the verification is on file. The Contractor is qualified to perform this Project based on research of the references submitted by the Contractor. The lowest responsive and responsible bid submitted by Tobo Construction, Inc. for this Project is approximately 15% below the Engineer's Estimate of $4,670,000. OC Public Works has reviewed the Engineer’s Estimate and verified that the difference is not the result of errors or omissions in the estimate; instead, the differential between the Contractor’s bid and the Engineer’s Estimate is attributed to three bid items which provide for economies of scale dependent upon construction method utilized. These three items are the permeable pavers, the irrigation system and the bioswales.

To reassure confidence in the Contractor’s bid, OC Public Works contacted the City of Santa Clarita and the Los Angeles World Airport who each constructed similar projects utilizing the services of TOBO Construction. Each of these agencies provided positive remarks about the Contractor’s performance in constructing similar projects.

Below is a list of all pass through work to be completed by subcontractors, which may only be modified after award and in accordance with the Subletting and Subcontracting Fair Practices Act:

Subcontractor	Services
Mirae Construction	utilities/plumbing
Access Steel Fabricating, Inc.	chain link fencing, misc. metals
Ace Construction & Coating	painting, striping
JMS Electric	electrical
Paracon Construction, Inc.	earthwork, concrete, CMU, AC paving
United Landscape & Maintenance	landscape, irrigation, planting
Visible Graphics, Inc.	signage

Compliance with CEQA: The proposed Project was previously determined to be Categorically Exempt from CEQA pursuant to Sections 15301 and 15304 (Classes 1 and 4) of the CEQA Guidelines which provides for the exemption of minor alterations to public facilities or structures involving negligible or no expansion of use beyond that already existing (Class 1) and provide for the minor public or private alterations in the condition of land (Class 4). On November 5, 2013, the Board approved the Notice of Exemption IP13-276.

FINANCIAL IMPACT:

Appropriations and Revenue for this Contract are included in the FY 2015-16 Budget.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Bid Summary
Attachment B - Contract MA-080-15012058 with Tobo Construction, Inc.
Attachment C - Project Location Map