REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 23, 2024
FROM
TREVOR LEJA, Assistant Executive Officer, Department of Public Works - Transportation
SUBJECT
Title
Contract with Hardy & Harper, Inc. for the Fifth Street and Pedley Road Project in the San Bernardino Area
End
RECOMMENDATION(S)
Recommendation
1. Approve Addendum No. 1, issued on December 1, 2023, to the bid documents for the Fifth Street and Pedley Road Project in the San Bernardino area.
2. Award a construction contract to Hardy & Harper, Inc. (Lake Forest, CA) in the amount of $888,000 for the Fifth Street and Pedley Road project in the San Bernardino area.
3. Authorize a contingency fund of $88,800 for the Fifth Street and Pedley Road project in the San Bernardino area.
4. Authorize the Director of the Department of Public Works to approve the expenditure of the contingency fund of $88,800 for verified quantity overruns for this unit priced construction contract.
5. Authorize the Director of the Department of Public Works to order any necessary changes or additions in the work being performed under the contract for a total amount not to exceed $56,900 of the $88,800 contingency fund, pursuant to Public Contract Code section 20142.
6. Authorize the Director of the Department of Public Works to accept the work when 100% complete and execute and file the Notice of Completion.
(Presenter: Noel Castillo, Assistant Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Fifth Street and Pedley Road Project in the San Bernardino area (Project) will be funded with City of San Bernardino (City) funds, Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) revenue, and the Community Development Block Grant (CDBG). Sufficient appropriation and revenue are included in the Department of Public Works - Transportation (Department) 2023-24 Road Operations budget (66500002000 17H15189).
BACKGROUND INFORMATION
The Project consists of widening the intersection, constructing and re-constructing curb ramps in accordance with current design standards and pursuant to the Americans with Disabilities Act (ADA) Guidelines, and installing a pedestrian-activated traffic signal. Minimal work for the Project will be done outside of existing right-of-way within the City’s jurisdiction. Permission for work outside of existing right-of-way has been obtained from the property owner by the City.
This Project was prioritized by the Board of Supervisors (Board) as part of the 2022-23 SB1 RMRA project list, which was approved on May 24, 2022 (Item No. 87). Updates to existing ADA compliant curb ramps or installation of new ADA compliant curb ramps for the Project are required under the federal “2013 Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing” guidelines.
On June 28, 2021, pursuant to delegated authority from the United States Department of Housing and Urban Development, the County’s Department of Community Development and Housing reviewed the Project for compliance under the National Environmental Policy Act and determined the Project is Categorically Excluded pursuant to Title 24 of the Code of Federal Regulations, Section 58.34(a)(12).
On September 12, 2023 (Item No. 49), the Board determined the Project was exempt under the California Environmental Quality Act (CEQA) and a Notice of Exemption was filed. No further action related to CEQA is required at this time.
The Project aligns with the County and the Chief Executive Officer’s goals and objectives of ensuring development of a well-planned, balanced and sustainable County by preserving and improving the structural integrity of existing road surfaces and access for pedestrians, including those with disabilities.
Following Board approval of this item, construction is anticipated to commence February 2024 and be completed by April 2024.
PROCUREMENT
On September 12, 2023 (Item No. 49), the Board approved the Project’s plans and specifications, as well as authorized the Director of the Department to advertise the Project for bids. This Project was advertised in The Daily Press on November 7, 2023, in the Precinct Reporter on November 9, 2023, and released on the County Electronic Procurement Network (ePro) on November 7, 2023. Notice inviting bids was also provided to specified construction trade journals as required by Public Contract Code section 22036. On December 7, 2023, the following three bids were received:
|
Contractor |
Location |
Total Bid |
|
Hardy & Harper |
Lake Forest, CA |
$888,000 |
|
Vance Corporation |
Beaumont, CA |
$966,854.20 |
|
Onyx Paving |
Anaheim, CA |
N/A |
The following addendum was issued during the bidding phase.
Addendum No. 1: Revised page NB-1 of Notice to Bidder and pages P-1 and P-2 of Proposal to highlight requirements that bidders must be on the Official Plan Holders List. Otherwise, the bids will be deemed non-responsive.
Upon receipt of bids, the Department determined that the bid submitted by Onyx Paving was non-responsive due to its failure to comply with the requirement that all bidders must be registered and listed on the Official Plan Holders List. Addendum No. 1 expressly reiterated this requirement and included an express acknowledgment of compliance for bidders to be listed on the Official Plan Holders List for the Project. Accordingly, because Onyx was not listed on the Official Plan Holders List for the Project at the time of bid opening its bid was not accepted and returned unopened.
The Department reviewed the remaining two bids received and determined that they are responsive and recommends entering into a contract with Hardy & Harper, Inc. the lowest responsible bidder. No appeal/protest letters were received.
This Project will have a 10 percent contingency fund of $88,800 to compensate the contractor for verified quantity overruns, as well as changes in the contract under certain circumstances. Under an established formula based on the contract amount, Public Contract Code section 20142 allows the Board to authorize the Director of Public Works to order changes in the contract, including for unforeseen conditions or design shortfalls, should they become necessary in the future, for a total amount not to exceed $56,900 of the $88,800 contingency fund.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on December 11, 2023; Purchasing (Jason Cloninger, Lead Buyer, 387-8258) on December 11, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404) on January 3, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on January 3, 2023.