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Agenda Item
ASR
Control 22-000730 |
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MEETING DATE: |
10/18/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
James Treadaway (714) 667-9700 |
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Nardy Khan (714) 647-3906 |
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Subject: Approve Agreement and Award
Design Contract for Los Patrones Parkway Extension
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ceo CONCUR |
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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:
$525,576 |
Annual Cost:
FY 2023-24 $1,638,195 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: See Financial Impact Statement
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Prior Board Action: 5/10/2022
#8, 9/28/2021 #S35D, 1/12/2021 #44, 10/20/2020 #14 |
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RECOMMENDED ACTION(S):
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1. |
Award contract to Huitt-Zollars, Inc. to provide design services for the Los Patrones Parkway Extension, effective upon Board of Supervisors approval or execution of all necessary signatures, whichever occurs later, for a term of seven years, with the option to extend for two additional one-year terms, in an amount not to exceed $2,163,771. |
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2. |
Authorize the Director of OC Public Works or designee to execute the contract with Huitt-Zollars, Inc. |
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3. |
Approve the Cooperative Agreement with the RMV Community Development, LLC for the Project Approval and Environmental Document for Los Patrones Parkway Extension, effective October 18, 2022, and to continue in full force until all Orange County Transportation Authority Measure M2 funds are received and the Final Report has been accepted by Orange County Transportation Authority. |
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4. |
Authorize the Director of OC Public Works or designee to execute future amendments to the Cooperative Agreement that are non-material and do not increase County of Orange liability. |
SUMMARY:
Approval of a Cooperative Agreement and award of a contract to provide design services for the Los Patrones Parkway Extension will support a collaborative effort for the improvement of north-south regional mobility in south Orange County and regional travel demand.
BACKGROUND INFORMATION:
The Los Patrones Parkway Extension (Project) will begin within unincorporated Orange County at the terminus of the existing Los Patrones Parkway at Cow Camp Road, with two lanes in each direction from Cow Camp Road to Avenida La Pata, an approximate length of 4.1 miles. The Project ends at Avenida La Pata, approximately 3,700 feet north of Camino del Rio within the City of San Clemente. The Project will provide north-south regional mobility in south Orange County.
On September 28, 2021, the Board of Supervisors (Board) approved a cooperative agreement between the County of Orange (County), Orange County Transportation Authority (OCTA) and the City of San Clemente (City) affirming three major transportation projects as the solution to enhance South Orange County Regional mobility: 1. The Project as a non-tolled primary County arterial road; 2. Ortega Widening Project in the City of San Juan Capistrano; and 3. Interstate-5 carpool lane from Avenida Pico to the San Diego County line. The cooperative agreement also obligates the County to not build, support or authorize a new major thoroughfare in the City in an area that is subject to an approved conservation easement or is protected as open space under a local initiative.
On January 12, 2021, the Board amended the County’s General Plan Transportation Element to add the Project as a non-tolled County arterial and adopted Project Addendum to Final Environmental Impact Report (FEIR) Nos. 589, 584 and 575.
The Project alignment traverses lands that are located within the bounds of the RMV Community Development, LLC (RMV) Ranch Plan Planned Community project area (RMV Segment) as well as lands located within the Prima Deshecha Landfill (County Segment). By approximation, 71.1 percent of the alignment will be developed within the RMV Segment and the remaining 28.9 percent will be developed within the County Segment. The design phase services contract is split into two phases. Phase 1 represents the planning stage of the Project for development of a Project Approval and Environmental Document (PA&ED), which is based on a 25 percent level design and consistent with a Project Study Report level of detail. Phase 2 represents the continuation of design services to develop construction plans, specifications and estimates (PS&E) and construction support.
The Project was included in the OC Public Works 7-Year Capital Improvement Program (CIP) FY 2022-23 to FY 2028-29, adopted by the Board on May 10, 2022. The CIP provides transparency for the public on how the County plans to utilize resources in order to deliver horizontal infrastructure over the next seven years. Adoption of the CIP directs the focus of County resources in the pursuit of grant funds and the delivery of complete roadway, flood control and active transportation projects necessary to enhance public safety, reduce traffic congestion, complete bicycle facilities and provide flood protection for Orange County residents, businesses and visitors.
The recommended contractor with its design engineering expertise will assist in provision of Project approval and the preparation of the PA&ED in relation to the Project. The recommended contractor will provide services to the County and RMV under two separate contracts. The proposed County contract will include Phase 1 and Phase 2 items within the County Segment and RMV’s contract will include only Phase 1 items within RMV Segment.
The proposed County contract has a duration of seven years, which accounts for two years to complete Phase 1 and five years to complete Phase 2. Phase 2 consists of three years to develop the PS&E and two years for construction support.
On March 11, 2022, OC Public Works issued a Request for Proposal (RFP) for Design Services for Phase 1 and Phase 2 items (Services) within the County Segment of the Project. The evaluation committee consisted of three representatives from OC Public Works, three from RMV and one independent representative from OCTA. The RFP was advertised on the County online bidding system. Three proposals were received and were deemed responsive. See Attachment E for the Summary of Evaluators' Scoring. The resulting ranking is as follows:
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Contractors |
Rank |
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Huitt-Zollars, Inc. |
1 |
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Kimley Horn and Associates, Inc. |
2 |
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Michael Baker International |
3 |
OC Public Works is procuring Services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 3. The Orange County Preference Policy is not applicable to this contract award. Specifically, DCPM Section 3.3-105 (2) states that the evaluation panel shall score proposals and negotiate a contract with the highest ranked firm. The contract is then brought to the Board for approval if it exceeds $200,000.
OC Public Works recommends that the Board award Contract MA-080-23010023 (Contract) to Huitt-Zollars, Inc. (Contractor) for Services for Phase 1 and Phase 2 items within the County Segment of the Project, effective upon Board approval or execution of all necessary signatures, whichever occurs later, for a term of seven years, with the option to extend for two additional one-year terms, in an amount not to exceed $2,163,771.
OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with City of Chino, City of Oxnard and OmniTrans regarding similar Projects/Services.
OC Public Works will return to the Board with a contract to provide construction phase services for the Project at a later date.
This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.
The County and RMV have established a not to exceed cost of $2.5 million to accomplish Phase 1 for both the County and RMV segments. The cost cap is based upon the value of the OCTA Measure M2 Grant Funds (OCTA Grant) for Phase 1 of the Project, approved by the Board on October 20, 2020. In accordance with the OCTA Grant requirements, the Contract for the PA&ED Services must be awarded by December 31, 2022. The OCTA Grant is for $1.875 million and requires a 25 percent match of $625,000 from the recipients of the funding, which will be fulfilled by funds from the County and RMV. In satisfaction of the OCTA Grant requirement for matching funds, RMV will provide 78.9 percent of the required match and the County will provide 21.1 percent of the required match.
The Cooperative Agreement MA-080-22011919 (Agreement) between the County and RMV will address coordination of work related to Phase 1 and the allocation of cost responsibility and provision of funding, which includes the distribution of the OCTA Grant.
OC Public Works recommends the Board approve the Agreement with RMV for the Project, effective October 18, 2022, and to continue in full force until all OCTA funds are received and the Final Report has been accepted by OCTA. OC Public Works will return to the Board with a cooperative agreement for Phase 2 for the Project at a later date. In accordance with Section 2. B in the Agreement, RMV has also negotiated their Agreement with the Contractor.
The Contract and Agreement are being presented for Board consideration less than 30 days before their effective dates in order to meet the OCTA Grant deadline of December 31, 2022, for award of consultant services.
Compliance with CEQA: This Project is a necessarily included element of the Project considered in FEIR Nos. 575 (Prima Deshecha General Development Plan Landfill Component, Circulation Component, Recreation Component) certified by the Board on November 6, 2001, 584 (Southern Subregion Natural Community Conservation Plan/ Master Streambed Alteration Agreement/Habitat Conservation Plan) certified by the Board on November 8, 2004, 589 (Ranch Plan General Plan Amendment/Zone Change/Development Agreement), Addendum to FEIR Nos. 584 and 589, approved by the OC Public Works Director on March 4, 2015, for the “F” Street Alignment (Cow Camp Road to Oso Parkway) and the Project Addendum to FEIR Nos. 589, 584 and 575, certified by the Board on January 12, 2021. These documents adequately addressed the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project that was not known or could not have been known when the FEIR Nos. 589, 584, 575, Addendum to FEIR Nos. 584 and 589 and the Project Addendum to FEIR Nos. 589, 584 and 575 were certified and approved have become known; therefore no further environmental review is required.
FINANCIAL IMPACT:
Appropriations for $525,576 of the Contract are included in the FY 2022-23 Budget and appropriations for $1,638,195 of the Contract will be included in FY 2023-24 Budget for OC Road – Capital Improvement Projects, Fund 174, and will be included in the budgeting process for future years.
OCTA Grant funds will provide revenue of approximately $394,182. A final report will be submitted to OCTA upon completion of Phase 1 of the Project. OCTA will disburse the final payment of eligible funds after it approves the final report.
The Contract includes a provision stating that the Contract may be terminated upon 10 days written notice for cause or upon seven days written notice for convenience of the County without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Contract MA-080-23010023 with
Huitt-Zollars, Inc.
Attachment B - Cooperative Agreement MA-080-22011919
Attachment C - Contract Summary Form
Attachment D - Memorandum of Recommendation
Attachment E - Summary of Evaluators Scoring
Attachment F - Project Location Map
Attachment G - Individual Scoring Sheets