DATE: February 6, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Award Class A and Class B Job Order Contracts
RECOMMENDED ACTION(S):
TITLE
1. Adopt specifications for Contract Nos. 23-19-J, 23-20-J, 23-21-J, 23-22-J, and 23-25-J Class A (General Engineering) Job Order Contracts; and
2. Find that Papich Construction, 398 Sunrise Terrace, Arroyo Grande, CA 93420, is the lowest bidder for Contract No. 23-19-J, and that the deviation from strict bidding requirements is immaterial and is hereby waived, at the discretion of the Board and in furtherance of the best interests of the County; and
3. Award Contract No. 23-20-J to the bidder with the second lowest bid, Avison Construction, 40434 Brickyard Dr., Madera, CA 93636, total not to exceed $5,797,725; and
4. Award Contract No. 23-21-J to the bidder with the third lowest bid, Terra West Construction, 1030 Gettysburg Avenue, Suite 107 Clovis, CA 93612, total not to exceed $5,797,725; and
5. Award Contract No. 23-22-J to the bidder with the fourth lowest bid, Yarbs Grading and Paving, 11339 S. Peach Avenue, Fresno CA 93725, total not to exceed $5,797,725; and
6. Find that Teichert Construction, 400 Sunrise Avenue, Suite 300, Roseville, CA 93661, is the fifth lowest bidder for Contract No. 23-25-J, and that the deviation from strict bidding requirements is immaterial and is hereby waived, at the discretion of the Board and in furtherance of the best interests of the County; and
7. Adopt specifications for Contract Nos. 23-J-05, 23-J-06, 23-J-07, and 23-J-08 Class B (General Building) Job Order Contracts; and
8. Award Contract No. 23-J-05 to the bidder with the lowest bid, Exbon Development, 13831 Newhope Street, Garden Grove, CA 92843, total not to exceed $5,797,725; and
9. Award Contract No. 23-J-06 to the bidder with the second lowest bid, Puma Construction, 4387 W Santa Ana, Fresno, CA 93722, total not to exceed $5,797,725; and
10. Award Contract No. 23-J-07 to the bidder with the third lowest bid, Durham Construction, 1025 Holland Avenue, Clovis, CA 93612, total not to exceed $5,797,725; and
11. Award Contract No. 23-J-08 to the bidder with the fourth lowest bid, Heritage General, 5431 E Atchison Street, Fresno, CA 93727, total not to exceed $5,797,725.
REPORT
Approval of the recommended actions would allow construction services for small to medium sized repair, remodel and maintenance projects to be provided on an on-call basis through Job Order Contract (JOC). The projects are related to requests from County departments and will be funded with the departments’ adopted budget appropriations. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board may elect not to approve some or all of the recommended actions, in which case, the Department will be required to spend additional staff time and resources to prepare County department projects for construction that could have been accomplished with greater expediency and efficiency using JOC.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. Funding for work performed under the JOC will be on a per-job basis as requested by County departments in accordance with their budgeted appropriations. Funds for the work covered by the Class A (General Engineering) JOC will come primarily from Road Fund 0010. Sufficient appropriations and estimated revenues for Class A JOC are included in the Department of Public Works and Planning - Roads Org 4510 FY 2023-24 Adopted Budget. Additionally, the Class A JOC may be used and funded through other divisions and/or departments that require construction services such as parking lot maintenance and repair.
Funding for the work covered by the Class B (General Building) JOC will come from various sources as the Department’s Capital Projects Division provides services to the Department and to other County departments as requested. Allocations for budgeted projects are included in various Departmental - Capital Projects Orgs for FY 2023-24 Adopted Budget.
DISCUSSION:
A JOC is an indefinite work order quantity contract pursuant to which the awarded contractor will perform an ongoing series of individual projects at different locations throughout the County during the 12-month period. The bid document for the JOC includes a Construction Task Catalog containing detailed construction tasks with preset unit prices. All unit prices are based on local labor, prevailing wages, material and equipment prices, and are for the direct cost of construction. Each contractor’s bid includes adjustment factors to the established unit prices based on various funding sources, facility types, and/or normal and non-normal working hours.
Since 2015, the Department has issued annual solicitations for JOC to facilitate construction services for various road maintenance and capital improvement projects. On November 14, 2023, the Department advertised four Class A JOC and four Class B JOC contracts. Four JOC contracts are recommended for award for Class B (General Building) projects and five are recommended for Class A (General Engineering) projects based upon anticipated need in the next 12 months. Multiple JOC for each licensure type allows the Department flexibility to respond to urgent County department project requests while being less reliant on any particular contractor’s availability. Although the solicitation for bids stated that the Department intended to award four Job Order Contracts, with the amount of anticipated work in multiple locations combined with the need to maintain our emergency preparedness, the Department recommends the awarding of an additional Class A contract, for a total of five Class A contracts.
The total amount for each Class A and Class B contract is $5,797,725. This is the maximum amount allowable under California Public Contract Code (PCC) Section 20128.5. There is no minimum value guaranteed in the JOC. A list of projects to be performed using is included as Attachments A and B.
A bid opening was held on December 15, 2023. Ten bids were received for the Class A JOC contracts and four bids were received for the Class B JOC contracts. All bidders have been deemed responsive. Based on the anticipated need, nine contracts are recommended for award to the lowest bids submitted in their respective licensure class.
The bidders and their respective Award Criteria Figures are shown below:
Class A
Contractor Award Criteria Contract Recommended
Figure for Award
Papich Construction 1.0998 23-19-J
Avison Construction 1.1400 23-20-J
Terra West Construction 1.1605 23-21-J
Yarbs Grading and Paving 1.1625 23-22-J
Teichert Construction 1.1795 23-25-J
Exbon Development 1.2050
American Paving Co. 1.3550
Dawson-Mauldin 1.3625
Eslick Construction 1.3950
Cal Valley Construction 2.1475
Class B
Contractor Award Criteria Contract Recommended
Figure for Award
Exbon Development 0.9295 23-J-05
Puma Construction 1.1251 23-J-06
Durham Construction 1.1426 23-J-07
Heritage General 1.1825 23-J-08
Technical specifications and the Construction Task Catalog were prepared by the Department’s consultant, Gordian Group, and were reviewed by Department staff. Boilerplate specifications describing various County administrative and contractual requirements were prepared by Department staff.
There was an irregularity in the bid package submitted by the first and fifth lowest bidders for Class A (General Engineering) Job Order Contract which may be waived in your Board’s discretion, as immaterial deviations from strict bidding requirements. Papich Construction and Teichert Construction did not follow the precise instructions to make factors for work at higher elevations and outside of normal working hours higher than normal working hours at lower elevations, which was a new instruction intended to avoid unbalanced bids. If they had strictly followed the new instructions by raising their prices for higher elevations and outside normal working hours, the first two bidders would have been switched in their ranking and there would have been no effect on the ranking of the fifth bidder. As there would have been no effect on which bidders would be the five lowest bids, it is the Department’s recommendation to waive these minor irregularities as immaterial and in the best interest of the County.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment A
Attachment B
CAO ANALYST:
Salvador Espino