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Agenda Item
ASR
Control 24-000045 |
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MEETING
DATE: |
03/26/24 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
All
Districts |
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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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Melissa
Pasa (714) 955-2851 |
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Subject: Approve
Job Order Contracts for Pavement Maintenance Services
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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: See Financial
Impact Section |
Annual
Cost: See Financial Impact Section |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/28/2022 #45, 6/29/2010 #21 |
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RECOMMENDED
ACTION(S):
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1. |
Adopt the FY 2023-24 Job Order
Contracting Pavement Maintenance Special Provisions prepared by OC Public
Works, which are on file with the Clerk of the Board. |
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2. |
Approve Job Order Contracts for Pavement
Maintenance, effective April 13, 2024, through April 12, 2025, in an amount
not to exceed $4,500,000 each, for a total amount not to exceed $27,000,000,
with the following: |
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a. |
Bitech Construction Company Inc. |
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b. |
All American Asphalt |
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c. |
Horizons Construction Company
International, Inc. |
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d. |
PUB Construction, Inc. |
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e. |
R.J. Noble Company |
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f. |
Century Paving Incorporated |
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3. |
Authorize the Director of OC Public
Works or designee to execute the Job Order Contracts and to execute future
amendments to the Job Order Contracts, provided those amendments do not
increase a financial obligation on the part of the County of Orange. |
SUMMARY:
Adoption of the FY
2023-24 Job Order Contracting Pavement Maintenance Special Provisions and
approval of the Job Order Contracts for Pavement Maintenance will expedite the
completion of County of Orange pavement repair, rehabilitation and maintenance
projects and improve public safety.
BACKGROUND
INFORMATION:
On June 29, 2010,
the Board of Supervisors (Board) approved the establishment of a Job Order
Contract (JOC) program to expedite the completion of repair and rehabilitation
projects involving existing County of Orange (County) and Orange County Flood
Control District facilities and structures. The JOC program includes a
competitive public works bidding process. Contractors bid on a price adjustment
factor that is multiplied by unit prices for materials, equipment and labor.
The purpose of the
JOC program is to expedite services 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 is
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 and/or circumstances. The following
events are examples that could potentially generate Task Orders for JOC
contracts:
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a. |
Unplanned
emergency repair or replacement necessitated by a failure of existing
equipment and/or physical failure of a facility component. |
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b. |
Planned
maintenance and/or repair/replacement of existing structure components or
equipment. |
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c. |
Unforeseen
events (burst pipes, earthquake, fire, flooding, pandemic, etc.) that
necessitate repair/replacement/rehabilitation of a County asset. |
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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 Pavement Maintenance (Services) were approved by the Board on June 28,
2022, and expired on August 18, 2023. In an effort to maintain Services, a new
slate of JOCs is necessary.
On November 29,
2023, 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’s
online bid system. Contractors were required to submit a pre-qualification
questionnaire and pre-qualify to submit a proposal for Services. Six bids were
received and deemed responsive. The Bid Summary is included as Attachment H.
OC Public Works is
procuring these Services in accordance with the 2020 Design and Construction
Procurement Policy Manual (DCPM), Section 5.7. The Orange County Preference
Policy is not applicable to the award of contracts procured in accordance with
the DCPM.
OC Public Works is
recommending Board approval of JOCs for Services with the contractors listed
below, effective April 13, 2023, through April 12, 2024, in an amount not to
exceed $4.5 million each, for a total amount not to exceed $27 million. The
anticipated usage is expected to reach approximately $25 million, with the
balance reserved for responses to Countywide requests for unplanned Task Orders
and emergencies. Anticipated usage is determined by the Capital Improvement
Program (CIP) alongside the maintenance projects and emergency requirements. As
the existing contract term remains in effect, the current utilization figures
are subject to change. In addition, the current contract utilization is
influenced by the previous year's CIP, which fluctuates year to year.
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Contractors |
Contracts |
Corporate
Office |
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Bitech
Construction Company Inc. |
MA-080-24010857 |
Orange County |
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All American
Asphalt |
MA-080-24010859 |
Riverside County |
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Horizons
Construction Company International, Inc. |
MA-080-24010860 |
Orange County |
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PUB
Construction, Inc. |
MA-080-24010861 |
Los Angeles
County |
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R.J. Noble
Company |
MA-080-24010862 |
Orange County |
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Century Paving
Incorporated |
MA-080-24010925 |
Los Angeles
County |
The contractors’
respective license numbers were verified as current and active through the
Contractors State Licensing Board database on December 11, 2024. Copies of the
verifications are on file.
An analysis was
conducted to determine the benefit of contracting out versus providing Services
in-house. Based on this analysis, OC Public Works has determined that
contracting for Services is required due to the specialized construction
expertise needed.
OC Public Works
has conducted due diligence on the contractors. Reference checks were
satisfactory and completed with the following entities regarding similar
Services:
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Contractors |
Reference |
Reference |
Reference |
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Bitech
Construction Company Inc. |
Anderson Barker |
Los Angeles
Unified School District |
City of Long
Beach |
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All American
Asphalt |
City of Newport
Beach |
Lewis Operating
Corp |
City of Newport
Beach |
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Horizons
Construction Company International, Inc. |
Golden State
Water Company |
Irvine Ranch
Water District |
Orchard Dale
Water District |
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PUB
Construction, Inc. |
San Bernardino
County |
City of Irvine |
California State
Polytechnic University, Pomona |
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R.J. Noble
Company |
City of Duarte |
San Bernardino
County |
City of Redondo
Beach |
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Century Paving
Incorporated |
City of Irvine |
City of Orange |
City of
Huntington Beach |
These contracts,
due to the nature of the Services, could require the addition of
subcontractors. In order to add subcontractors to the contracts, the
contractors must seek express consent from OC Public Works. Should the addition
of subcontractors affect the scope of work and/or contract amounts, OC Public
Works will bring the item back to the Board for approval. See Attachment G for
Contract Summary Forms.
The contracts are
being presented to the Board less than 30 days before their commencement due to
additional time needed to finalize the solicitation documents.
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 it approves potential contracts for Services that include
pavement 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 for compliance with CEQA.
FINANCIAL IMPACT:
Appropriations for
the JOC program are included in the FY 2023-24 and FY 2024-25 Budgets and will
be included in the budgeting process for future years for the following funds.
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Fund 115 |
OC Road |
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Fund 174 |
OC Road Capital
Improvement Projects |
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Fund 400 |
OC Flood |
In an effort to
consolidate the administration of various internal JOC programs under OC Public
Works for Countywide utilization, the amount not to exceed 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-080-24010857 with Bitech Construction Company Inc.
Attachment B - Contract MA-080-24010859 with All American Asphalt
Attachment C - Contract MA-080-24010860 with Horizons Construction Company
International, Inc.
Attachment D - Contract MA-080-24010861 with PUB Construction, Inc.
Attachment E - Contract MA-080-24010862 with R.J. Noble Company
Attachment F - Contract MA-080-24010925 with Century Paving Incorporated
Attachment G - Contract Summary Forms
Attachment H - Bid Summary