REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 17, 2024
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Contract with S Porter, Inc. for the State Route 38 at Stanfield Cutoff Project in the Big Bear Area
End
RECOMMENDATION(S)
Recommendation
1. Authorize an allocation of $1,730,449 from Discretionary General Funding for the State Route 38 at Stanfield Cutoff Project in the Big Bear Area.
2. Authorize the Auditor-Controller/Treasurer/Tax Collector to post necessary budget adjustments, as detailed in the Financial Impact section (Four votes required).
3. Approve Addendum No. 1, issued on September 17, 2024, and Addendum No. 2, issued on October 21, 2024, to the bid documents for the State Route 38 at Stanfield Cutoff Project in the Big Bear Area.
4. Award a construction contract to S Porter, Inc. in the amount of $3,881,342.73 for the State Route 38 at Stanfield Cutoff Project in the Big Bear Area.
5. Authorize a contingency fund of $388,134 for the State Route 38 at Stanfield Cutoff Project in the Big Bear Area.
6. Authorize the Director of the Department of Public Works to approve the expenditure of the contingency fund of $388,134 for verified quantity overruns for this unit-priced construction contract.
7. 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 $206,567 of the $388,134 contingency fund, pursuant to Public Contract Code Section 20142.
8. 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 result in the use of additional Discretionary General Funding (Net County Cost). The State Route 38 at Stanfield Cutoff Project in the Big Bear Area (Project) is currently funded by $4,227,204 from Measure “I” 2010-2040 Mountains Subarea Major Local Highways Program funds, which are administered by the San Bernardino County Transportation Authority (SBCTA), $450,000 Discretionary General Funds allocated to the Department of Public Works (Department) in the 2015-16 through 2017-18 recommended budgets, $136,767 from Gas Tax revenue, and $250,000 from Minor B funds from the State of California, State Highway Operations and Protection Program. Due to the current Project cost increases, the Department is requesting an additional allocation of $1,730,449 from Discretionary General Funding to fund the remaining cost for construction, construction engineering, and any use of contingency, bringing the total project budget to $6,794,420.
The following 2024-25 budget adjustments are requested:
Fund Center/Fund |
Commitment Item/GL Account |
Description |
Action |
Amount |
1280001000 |
56006000 |
Appropriation Contingencies |
Decrease |
$1,730,449 |
1161161000 |
55305030 |
Operating Transfers Out |
Increase |
$1,730,449 |
6650002000 |
40909975 |
Operating Transfers In |
Increase |
$1,730,449 |
6650002000 |
52002445 |
Other Professional & Specialized Services |
Increase |
$1,730,449 |
BACKGROUND INFORMATION
The Project involves installing a roundabout at the intersection of State Route 38 (also known as North Shore Drive) and Stanfield Cutoff to improve the intersection’s efficiency, traffic flow, and pedestrian/public safety. The Project work includes reconstruction and installation of a single-lane roundabout with a multi-use path, crosswalks and sidewalks, curb, gutter, curb ramps in accordance with current design standards, and pursuant to the Americans with Disabilities Act (ADA) guidelines, utility relocations, street lighting, tree and vegetation removal, installation of drainage features, and new signage and striping to accommodate the roundabout intersection.
On October 6, 2022, the California Department of Transportation (Caltrans), acting as the Lead Agency for the Project (as it occurs partially on a State Highway), reviewed and approved compliance with California Environmental Quality Act (CEQA) and determined this Project is categorically exempt as it has no significant impacts on the environment. The County, as the responsible agency for the Project, concurs with Caltrans findings. Additionally, pursuant to the delegated authority from the United States Forest Service, Caltrans reviewed the Project for compliance under the National Environmental Policy Act and determined the Project is categorically excluded pursuant to Title 23 of the Code of Federal Regulations, section 771.117(c). The Department will incorporate avoidance and minimization measures to ensure protection of cultural and biological resources during construction.
On January 28, 2020 (Item No. 30), the Board of Supervisors (Board) approved the Project’s Funding Agreement No. 20-1002325 (Funding Agreement) with SBCTA to receive an allocation not-to-exceed $500,000 of Measure “I” 2010-2040 Mountains Subarea Major Local Highways Program funding for the Project. On March 1, 2022 (Item No. 44) the Board approved Amendment No. 1 to the Funding Agreement increasing the Project’s funding from $500,000 to $4,227,204.
On November 15, 2022 (Item No. 63), the Board determined the Project was exempt under CEQA, approved the Project as defined in the Notice of Exemption, and directed the Clerk of the Board to file and post said notice.
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 and providing for the safety of County residents by improving traffic flow and access for all pedestrians, including those with disabilities.
Following Board approval of this item, construction is anticipated to commence April 2025 and be completed by September 2025.
PROCUREMENT
On July 9, 2024 (Item No. 40), the Board approved the Project’s plans and specifications and authorized the Director of the Department to advertise the Project for formal bids. This Project was advertised in the San Bernardino County Sun newspaper on September 17, 2024, and released on the County’s Electronic Procurement Network (ePro) on September 17, 2024. Notice inviting bids were also provided to specified construction trade journals identified pursuant to Public Contract Code Section 22036.
During the bidding process, the following addenda were issued:
Addendum No. 1: Replaced Plans and Special Provisions.
Addendum No. 2: Replaced Bid Sheets and provided responses to questions asked by bidders.
On October 24, 2024, the following four bids were received:
Contractor |
Location |
Total Bid |
S Porter, Inc. |
Big Bear Lake, CA |
$3,881,342.73 |
Sully-Miller Contracting Co. |
Brea, CA |
$5,706,295.00 |
Beador Construction Company, Inc. |
Costa Mesa, CA |
$6,370,300.00 |
Granite Construction Company |
Indio, CA |
$7,075,520.00 |
The Department has reviewed the bids received and determined that they are responsive, and recommends entering into a contract with S Porter, Inc., the lowest responsive and responsible bidder. No appeal/protest letters were received.
This Project will have a ten percent contingency fund of $388,134 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 $206,567 of the $388,134 contingency fund.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on November 19, 2024; Purchasing (Michael Candelaria, Lead Buyer, 387-8258) on November 19, 2024; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on November 26, 2024; Finance (Jessica Trillo, Administrative Analyst, and Amanda Trussell, Principal Administrative Analyst 387-4222) on December 2, 2024; and County Finance and Administration (Robert J. Saldana and Paloma Hernandez-Barker, Deputy Executive Officers, 387-5423) on December 2, 2024.