Legislation Details

File #: 12021   
Type: Consent Status: Passed
File created: 4/21/2025 Department: Public Works-Transportation
On agenda: 4/29/2025 Final action: 4/29/2025
Subject: Contract with Griffith Company and Amendment to Contract with Biggs Cardosa Associates, Inc., for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area
Attachments: 1. EXH-PW-Trans 4-29-25 Exhibit B-5 Glen Helen Parkway Bridge Over Cajon Wash, Fee Amend No. 5, 2. EXH-PW-Trans 4-29-25 Exhibit C-5 Glen Helen Parkway Bridge Over Cajon Wash Schedule, 3. MAP-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, 4. EXH-PW-Trans 4-29-25 Exhibit A-5 Scope of Services Biggs Cardoza for Glen Helen Parkway Bridge Over Cajon Wash, 5. CON-PW-Trans 4-29-25-Amend Con with Biggs Cardoza for Glen Helen Parkway Bridge Over Cajon Wash Devore Area Amend No. 5 (ADG_Rev.pdf, 6. CON-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, 7. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 7, 8. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 8, 9. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 9, 10. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, FHWA 1273, 11. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 1, 12. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 2, 13. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 3, 14. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 5, 15. ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 6, 16. ADD-ATT-PW-Trans 4-29-25-Con with Griffith Company for Glen Helen Parkway Bridge Over Cajon Wash, Devore Area, Addendum No. 4, 17. Item #53 Executed BAI, 18. 25-234 Executed Contract, 19. 14-857 A-5 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

April 29, 2025

 

FROM

NOEL CASTILLO, Director, Department of Public Works - Transportation

 

SUBJECT

Title

Contract with Griffith Company and Amendment to Contract with Biggs Cardosa Associates, Inc., for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve the following addenda to the bid documents for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore area:

a.                     Addendum No. 1 issued on September 17, 2024;

b.                     Addendum No. 2 issued on September 23, 2024;

c.                     Addendum No. 3 issued on October 1, 2024;

d.                     Addendum No. 4 issued on October 10, 2024;

e.                     Addendum No. 5 issued on November 7, 2024;

f.                     Addendum No. 6 issued on November 15, 2024;

g.                     Addendum No. 7 issued on November 22, 2024;

h.                     Addendum No. 8 issued on December 2, 2024; and

i.                     Addendum No. 9 issued on January 6, 2025.

2.                     Award a construction contract to Griffith Company, in the amount of $41,720,920.94, for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore area.

3.                     Authorize a contingency fund of $4,172,092 for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore area.

4.                     Authorize the Director of the Department of Public Works to approve the expenditure of the contingency fund of $4,172,092 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 $210,000 of the $4,172,092 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.

7.                     Approve Amendment No. 5 to Contract No. 14-857 with Biggs Cardosa Associates, Inc., increasing the contract amount by $164,301, from $2,542,211 to $2,706,512, to provide additional construction support for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore area and revise the scope of work and schedule exhibits to provide additional details consisting of specific tasks and costs breakdown, with no change to the contract’s term of October 21, 2014 through December 30, 2027.

(Presenter: Noel Castillo, 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 additional Discretionary General Funding (Net County Cost). The Department of Public Works (Department) is funded by Gas Tax revenue, fees, and other federal, state and local funding. The Glen Helen Parkway Bridge Over Cajon Wash in the Devore Area (Project) is funded by the Federal Highway Bridge Program (HBP), administered by the California Department of Transportation (Caltrans), at 88.53% and 11.47% by the County’s local match. The local match is funded with Community Service Upgrades General Fund Reserve as approved by the Board of Supervisors (Board) on July 23, 2024 (Item No. 52). The storm drain expenditures related to the Project are funded by Measure I revenues, administered by the San Bernardino County Transportation Authority (SBCTA), pursuant to Amendment No. 2 to County Contract No. 12-459 approved by the Board on February 25, 2025 (Item No. 32). Sufficient appropriation and revenue are included in the Department’s 2024-25 Road Operations budget (6650002000 11H14646) and will be included in future recommended budgets, as necessary.

 

BACKGROUND INFORMATION

The Project consists of the construction of a four-lane bridge over Cajon Wash that will connect to the existing grade separation that crosses over the Union Pacific and Burlington Northern Santa Fe railroad lines. The total estimated cost of $52,151,151 includes $41,720,921 for construction, $4,172,092 for construction contingency, and $6,258,138 for construction engineering and other Project related costs.

 

On November 16, 2010 (Item No. 43), the Board determined that the Project was exempt under the California Environmental Quality Act (CEQA), approved the Project as defined in the Notice of Exemption, and directed the Clerk of the Board to post said notice. Additionally, on June 29, 2012, Caltrans determined the Project was excluded under the National Environmental Policy Act (NEPA) Section 6005 of 23 United States Code 327.

 

On May 7, 2024 (Item No. 47), the Board approved Pipeline License Agreement No. 24-378 with Burlington Northern Santa Fe Railway Company (BNSF) for a non-exclusive license for continued permitted use of an approximately 192-foot crossing for the Project. On the same item, the Board approved Pipeline Crossing Agreement No. 24-379 with Union Pacific Railroad Company (UPRR) for a non-exclusive license for continued permitted use of approximately 100-foot crossing for the Project. The Board also found that the continued permitted use of BNSF’s 192-foot crossing and UPRR’s 100-foot crossing for the Project is exempt under CEQA Guidelines Section 15282(g) for railroad grade separation projects as set forth in Section 21080.13 of the Public Resource Code.

 

On July 23, 2024, (Item No. 52), the Board approved Agreement No. 24-691 with Caltrans to comply with the high-cost project policy for the Project.

 

Additionally, approval of this item amends Contract No. 14-857 with Biggs Cardosa Associates, Inc., increasing the contract by $164,301, from $2,542,211 to $2,706,512, for additional construction support on the Project. It also updates the scope of work and schedule exhibits to provide additional details as to the construction support services consisting of specific tasks and costs breakdown and revises the schedule to reflect the consultant’s completion of such services. The contract term of October 21, 2014, through December 30, 2027, remains unchanged.

 

Following Board approval of this item, construction is anticipated to commence July 2025 and be completed by Summer 2027.

 

PROCUREMENT

On September 10, 2024 (Item No. 52), 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 San Bernardino County Sun newspaper on September 17, 2025, and released on the County electronic procurement network (ePro) on September 17, 2025. The notice inviting bids was also provided to specified construction trade journals identified pursuant to Public Contract Code section 22036. On January 9, 2025, the following five bids were received:

 

Contractor

Location

Total Bid

Griffith Company

Brea, CA

$41,720,920.94

Ames Construction Co.

Corona, CA

$42,640,887.75

Skanska USA Civil West CA District, Inc.

Riverside, CA

$45,750,686.00

Steve P. Rados, Inc.

Santa Ana, CA

$46,931,608.25

MCM Construction, Inc.

North Highlands, CA

$49,498,272.75

 

The following addenda were issued during the bidding phase:

 

Addendum No. 1:                     Replaced entire Special Provisions.

 

Addendum No. 2:                     Replaced entire Plan Set.

 

Addendum No. 3:                     Revised the bid open date, non-mandatory pre-bid meeting date and bidder

questions deadline.

 

Addendum No. 4:                     Revised the bid open date, non-mandatory pre-bid meeting date, and bidder questions deadline; amend Special Provisions; Amend the Project Plans; and revised the proposal pages.

 

Addendum No. 5:                     Revised the bid open date.

 

Addendum No. 6:                     Revised the bid open date.

 

Addendum No. 7:                     Amend the Project Plans; amend the Special Provisions; replace the Federal Prevailing Wage rates; add Project Construction Lead Time Memo and Condition Compliance Matrix; add Railroads Agreements; add As-built Plans for Phase 1; add Geotechnical Report for the Project; add Amendment to Biological Opinion for the project; add Glen Helen Regional Park Plans from Nuvis Landscaping Architecture; add Caltrans Standard Plans; revised the proposal pages; and provided responses to questions asked during the bidding process.

 

Addendum No. 8:                     Revised the bid open date.

 

Addendum No. 9:                     Amend the Project Plans sheet 57.

 

The Department has reviewed the bids received, determined that they are responsive, and recommends entering into a contract with Griffith Company, the responsive, lowest responsible bidder. No appeal or protest letters were received.

 

Because this Project is federally funded, bidders are required to either meet the Disadvantaged Business Enterprise (DBE) goal identified in the bid solicitation or demonstrate adequate Good Faith Efforts (GFE) to do so. As part of the bid review process, County staff initially determined that the apparent low bidder, Griffith Company, made sufficient Good Faith Efforts to meet the DBE requirement, even though the DBE goal was not fully met. This initial determination was confirmed by Caltrans’ District Local Assistance Engineer.

 

After further review, Caltrans raised concerns about the adequacy of Griffith’s GFE in a memorandum submitted to the County on March 24, 2025. Under Caltrans guidelines, the County is required to consider this feedback and re-evaluate its initial determination. Accordingly, and in line with federal regulations (49 CFR § 26.53), Caltrans guidelines, and County Policy 11-12, the County conducted an administrative reconsideration. As part of this process, Griffith was given the opportunity to submit additional information to support its GFE and provided information for the administrative reconsideration on April 2, 2025.

 

Per County Policy 11-12, the Deputy Director of the Department of Public Works, Solid Waste Management Division, serves as the Reconsideration Official. After reviewing all relevant materials and applicable standards, the Reconsideration Official determined that Griffith made adequate Good Faith Efforts to meet the DBE goal. This decision is final and not subject to further administrative appeal.

 

This Project will have a 10% contingency fund of $4,172,092 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 $210,000 of the $4,172,092 contingency fund.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel Aaron Gest, Deputy County Counsel, 387-5455) on April 7, 2025; Purchasing (Jason Cloninger, Lead Buyer, 387-0321) on February 20, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on April 11, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 14, 2025.