REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 5, 2024
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Contract with Sully-Miller Contracting Company for the Phelan Road Phase 1 Project in the Phelan Area
End
RECOMMENDATION(S)
Recommendation
1. Approve Addendum No. 1, issued on September 11, 2024, and Addendum No. 2, issued on September 19, 2024, to the bid documents for the Phelan Road Phase 1 Project in the Phelan area.
2. Award a construction contract to Sully-Miller Contracting Company (Brea, CA), for the Phelan Road Rehabilitation Project in the Phelan area, in the amount of $7,472,216.97.
3. Authorize a contingency fund of $747,221 for the Phelan Road Rehabilitation Project in the Phelan area.
4. Authorize the Director of the Department of Public Works to approve the expenditure of the contingency fund of $747,221, for verified quantity overruns for the unit priced construction contract mentioned in Recommendation No. 3.
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 $747,221 contingency fund, pursuant to Public Contract Code section 20142.
6. Approve the use of up to $1,100,000 of American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund program funding for eligible costs for the Phelan Road Rehabilitation Project.
7. 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, 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.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Phelan Road Rehabilitation Project in the Phelan area (Project) will be funded with $6,000,000 of Measure “I” Local Streets Pass-Through Program - Victor Valley Subarea funds, American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Fund program funds, which provides reimbursement of up to $1,100,000 for eligible costs, and Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account revenue for the remaining Project costs. Sufficient appropriation and revenue are included in the Department of Public Works (Department) 2024-25 Road Operations and Measure “I” Local Streets Pass-Through Program - Victor Valley Subarea budget (6650002000 H15269, 6650002143 TX1823).
BACKGROUND INFORMATION
On July 9, 2024 (Item No. 41), the Board of Supervisors (Board) authorized the Project as part of the SB 1 project list for 2024-25 with an estimated cost of $4.3 million. In addition, this project was also prioritized by the Board, as part of the Measure “I” Local Street Pass-Through Funds Five Year Capital Improvement Plan Project List for 2024-25 through 2028-29, approved on August 20, 2024 (Item No. 67), with an estimated cost of $6.0 million. The total project funding from both SB1 and Measure “I” Local Street Pass-Through Funds was estimated to be $10.3 million.
The Project will take place along an approximately eight-mile stretch of Phelan Road, from 700-feet west of Beekley Road to 400-feet east of Baldy Mesa Road. The Project involves pavement reconstruction and rehabilitation, curb and gutter, installing new and reconstructing existing curb ramps at various locations in accordance with current design standards and pursuant to the Americans with Disabilities Act guidelines, traffic signal modification, traffic striping, signage, and pavement markers.
On August 20, 2024 (Item No. 70), the Board determined the Project was exempt under the California Environmental Quality Act, approved the Project as defined in the Notice of Exemption, and directed the Clerk of the Board of Supervisors to file and post said notice, which was posted on August 23, 2024.
In 2021, the ARPA Recovery Fund provided $350 billion in funding to state, local, and tribal governments to support economic recovery from the continued impact of COVID-19 and the negative impacts of the pandemic. The ARPA Recovery Fund provided funding for critical capital projects which need to be obligated by December 31, 2024.
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 December 2024 and be completed by May 2025.
PROCUREMENT
On August 20, 2024 (Item No. 70), 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 San Bernardino County Sun Newspaper on August 27, 2024, and released on the County electronic procurement network (ePro) on August 27, 2024. Notice inviting bids was also provided to specified construction trade journals identified pursuant to Public Contract Code section 22036. On September 26, 2024, the following five bids were received:
|
Contractor |
Location |
Total Bid |
|
Sully-Miller Contracting Company |
Brea, CA |
$7,472,216.97 |
|
Calmex Engineering, Inc. |
Bloomington, CA |
$8,193,817.83 |
|
All American Asphalt |
Corona, CA |
$8,487,076.80 |
|
Granite Construction Company |
Lancaster, CA |
$9,672,913.00 |
|
C.A. Rasmussen, Inc. |
Valencia, CA |
$10,413,231.28 |
The following addendums were issued during the bidding phase.
Addendum No. 1: Amend the Plan Set with revised sheets, Amend the Notice to Bidders to provide ARPA language, Amend the Project Special Provisions, Revise proposal pages, Update FHWA-1273 provisions, Update General Prevailing Wage Determination
Addendum No. 2: Provide responses to bidder questions, Revise the proposal bid sheet, Update Federal Prevailing Wage Determination, Provide updated Utility Arrangements
The Department has reviewed the bids received and determined that they are responsive and recommends entering into a contract with Sully-Miller Contracting Company, the responsive and lowest responsible bidder. No appeal/protest letters were received.
This Project will have a ten percent contingency fund of $747,221 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 $747,221 contingency fund.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on September 26, 2024; Purchasing (Michael Candelaria, Lead Buyer, 387-8258) on September 26, 2024; Finance (Jessica Trillo, Administrative Analyst, 387-4222 and Guy Martinez, ARPA Compliance Officer, 387-5428) on October 2, 2024; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on October 4, 2024.