Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-001129

 

MEETING DATE:

06/04/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

4

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Fiona Man (714) 647-3953 

 

 

Steve Carrillo (714) 955-0129

 

 

Subject:  Approve Contract for Gilbert Street Improvements at Railroad Crossing Project

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $1,113,849

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 174: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         12/19/2023 #20, 6/6/2023 #11, 7/27/2021 #10

 

RECOMMENDED ACTION(S):

 

 

1.

Award contract to J & E Construction Corporation for the Gilbert Street Improvements at Railroad Crossing (Phase 2), effective upon Board of Supervisors approval, to be completed within 160 working days of the effective date of the Notice to Proceed in the amount of $1,113,849.

 

2.

Authorize the Director of OC Public Works or designee to execute the contract with J & E Construction Corporation.

 

 

 

 

SUMMARY:

 

Award of the contract for the Gilbert Street Improvements at Railroad Crossing (Phase 2) will support construction responsibilities on Union Pacific Railroad right-of-way that will support pedestrian and traffic safety.

 

 

BACKGROUND INFORMATION:

 

The Gilbert Street Improvements at Railroad Crossing (Phase 2) Project (Project) is located at the intersection of Gilbert Street and Pacific Place, about 40 feet south of the Union Pacific Railroad (UPRR) crossing, within unincorporated Orange County and the City of Stanton shown on the Project Location Map (Attachment D). The Project is included in the OC Public Works 7-Year Capital Improvement Program FY 2023-24 through FY 2029-30 adopted by the Board of Supervisors (Board) on June 6, 2023.

 

In 2016, OC Public Works completed a road diet project on Gilbert Street to improve the roadway configuration from a 4-lane to a 3-lane roadway with dedicated bike lanes, referred to as the Gilbert Street Improvements (Phase 1) Project. Subsequently, the California Public Utilities Commission contacted OC Public Works, stating that the uncontrolled left turn movement from Pacific Place could be a potential hazard due to the intersection’s proximity to the railroad tracks and the frequency of school buses accessing the Magnolia School District’s Maintenance, Operations and Transportation Service Center. OC Public Works conducted a traffic study at the intersection in compliance with the California Manual on Uniform Traffic Control Devices. The study recommended new traffic signal control at the intersection of Gilbert Street and Pacific Place. On July 27, 2021, the Board adopted Resolution No. 21-087 to establish traffic signal control at the intersection of Gilbert Street and Pacific Place.

 

The Project will install new traffic signals at this intersection with railroad grade crossing protection devices, including new railroad crossing gates and raised center medians, new Americans with Disabilities Act-compliant curb ramps and sidewalks and asphalt roadway and concrete railroad panel restoration. These improvements will enhance traffic flow for vehicles, discourage vehicles from circumventing the lowered railroad gates and improve the pedestrian path of travel.

 

Implementing these improvements required UPRR and the County of Orange (County) to enter into a cooperative Public Highway At-Grade Crossing Agreement (Agreement). The Agreement, which was approved by the Board on December 19, 2023, stipulates the construction and maintenance responsibilities of both entities. The County is solely responsible for all Project costs. UPRR granted the County the additional easement rights to facilitate the construction of the Project.

 

On February 21, 2024, OC Public Works issued pre-qualification documents for the Project through the County’s online bidding system. Five contractors responded and were pre-qualified and allowed to submit proposals in response to the County’s subsequent Invitation for Bid (IFB).

 

On March 8, 2024, OC Public Works issued an IFB to the pre-qualified contractors for the Project. Five bids were received and deemed responsive. See Attachment C for the Bid Summary.

 

The following summarizes the responsive bids and provides a comparison against the Engineer’s Estimate (EE):

 

 

Base Bid

EE

$1,007,055

J & E Construction Corporation

$1,113,849     

All American Asphalt

$1,395,335     

Beador Construction Company, Inc. 

$1,514,300     

PALP, Inc.     

$1,569,790     

Los Angeles Engineering, Inc.          

$1,778,500     

 

The lowest responsive and responsible bid submitted by J & E Construction Corporation (Contractor) for this Project is approximately 11 percent above the EE of $1,007,055. OC Public Works has reviewed the bid submitted by the Contractor and verified that the difference is not the result of errors or omissions in the estimate but is attributed to the prevailing competitive market conditions of the region.

 

OC Public Works is procuring Services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 4. The Orange County Preference Policy is not applicable to contracts procured in accordance with the DCPM.

 

OC Public Works is recommending the Board award Contract MA-080-24010216 (Contract) to the Contractor for the Project, effective upon Board approval, to be completed within 160 working days of the effective date of the Notice to Proceed in the amount of $1,113,849.

 

Pursuant to 2020 DCPM Section 6.10(2), upon award of the Contract by the Board, receipt and approval by OC Public Works of the Contractor’s bonds and insurance and on satisfaction of any other prerequisites to the Contractor’s performance, the Director of OC Public Works or designee will execute the Contract and the Project Manager will issue the Notice to Proceed, which begins the performance period of the Contract.

 

The Contractor’s license number was verified as current and active through the Contractors State License Board database as of March 26, 2024. A copy of the verification is on file. The Contractor is based in San Bernardino County.

 

OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with City of Los Angeles, Los Angeles County and Naval Facilities Engineering Systems Command Southwest regarding similar projects.

 

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

 

Compliance with CEQA: The proposed Project was previously determined to be Categorically Exempt from CEQA pursuant to Sections 15301 and 15303 (Class 1 and 3) of the CEQA Guidelines because the exemptions provide for maintenance of existing streets and installation of electrical and other utility extensions and street improvements, which are considered minor modifications, and which involve negligible or no expansion of use. The Notice of Exemption was filed with the OC Clerk-Recorder on July 28, 2021. The proposed Project is still consistent with this determination.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for the Contract are included in Fund 174, OC Road – Capital Improvement Projects, FY 2023-24 Budget.

 

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 - Contract MA-080-24010216 with J & E Construction Corporation
Attachment B - Contract Summary Form
Attachment C - Bid Summary
Attachment D - Project Location Map