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HomeMy WebLinkAbout06 REAFFIRMATION OF PREVIOUS AWARD OF TUSTIN RANCH ROAD PROJECT PHASE 1 AND AUTHORIZATION TO AWARD PHASE 2Agenda Item ~_ AGENDA REPORT Oversight Board of the Successor Agency of the 'Tustin Community I2edeveiopment Agency MEETING DATE: MARCH 13, 2012 SUBJECT/ACTION: OVERSIGHT BOARD REAFFIRMATION OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY'S PREVIOUS AWARD OF THE TUSTIN RANCH ROAD PROJECT PHASE I GRADING AND STORM DRAIN WORK AND AUTHORIZATION FOR SUCCESSOR AGENCY TO AWARD THE TUSTIN RANCH ROAD PHASE 2 ROADWAY IMPROVEMENTS CONSTRUCTION CONTRACT (CIP NOS. 70100, 70204, 70206, 70214 & 70215) RECOMMENDATION /PROPOSED ACTION 1. Reaffirm the Agency's previous July 19, 2011 award far the construction contract for Tustin Ranch Road Grading and Storm Drain Project (CIP No. 70100 and 70206} pursuant to the adopted Enforceable Obligations Schedule (FOPS) and draft Recognized Obligation Schedule (BOPS) utilizing MCAS Tustin 2010 Tax Allocation Bond Proceeds for their intended use. 2. Authorize the Successor Agency to award the construction contract for the Tustin Ranch Road Phase 2 Roadway Improvements {CIP Nos. 70100, 70204, 70206, 70214, & 70215} from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder, R.J. Noble Company, pursuant to the adopted Recognized Obligation Payment Schedule (BOPS) utilizing MCAS 2010 Tax Allocation Bond Proceeds for their intended use. {Note that the above actions by the Oversight Board (Board) shall not become effective for three business days, pending any request for review by the California Department of Finance (DoF}. If DoF requests review of this Board action, it shall have 10 days from the date of its request to approve the Board action or return it to the Board for reconsideration and the action, if subject to review by DoF, shall not be effective until approved by DoF). BACKGROUND On August 2, 2011, the City Council and the Tustin Community Redevelopment Agency awarded the construction contract for the Tustin Ranch Road Phase 1 Grading and Agenda Report March 13, 2012 Page 2 Storm Drain Project from Walnut Avenue to Warner Avenue {CIP Nos. 70100 and 70206). The contract was awarded after the Agency opted under the voluntary participation provisions of AB 1X 27 at the time and before the California Supreme Court's partial stays of certain provisions of AB 1 X 26 and AB 1 X 27 on August 11, 2011. The construction effort for the entire Tustin Ranch Road Extension project between Walnut Avenue on the north and Warner Avenue on the south was segregated into two phases to permit settlement to occur during fill placement and grading of the northerly overcrossing ramp prior to other street improvements and bridge construction. This phasing of work also allowed the allocation of dewatering costs associated with storm drain installation versus those future costs associated with sewer and water line installation which will be an Irvine Ranch Water District {IRWD) reimbursable expense. Both phases of the project were intended to be funded under MCAS Tustin Allocation Bonds-Series 10. It is clear under both existing provisions of AB 1X 26 and the California Supreme Court's decision upholding AB 1X 26, that activities associated with the intended purposes of a bond measure could continue subject to Oversight Board approval. The Phase I Project contract with change orders has an expected obligation of $14,727,942.57, with a remaining total expected obligation under the FOPS and draft ROPS from January through June 30th of $4,869,485. Given recent DaF questions regarding the Phase I contract award (particularly the confusion regarding the Agency's taking action after adoption of an opt-in ordinance under AB 1X 27), which is no longer effective, the Oversight Board's reaffirmation of the Phase I project contract award using, among other funds, MCAS 2010 Tax Allocation Band Proceeds intended for such use is requested. The Official Statement for the MCAS 2010 Tax Allocation Bond specifically identifies that one of the primary purposes of the bonds were for construction of the Tustin Ranch Road Project as well as other Tustin Legacy Backbone Infrastructure Improvements. The Agency awarded the Phase I contract on July 19, 2011 and the contract was executed on August 2, 2011 with Sandoval Pipeline Engineering. Phase 1, consists of clearing and grubbing, mass grading, structural retaining wall, and storm drain/retention basin construction. This work is well under way, nearing 75% complete to date, with a projected substantial completion by April/May 2012. Subsequent to the award of the Phase 1 Project, on July 19, 2011 the City Council and the Tustin Community Redevelopment Agency approved apre-qualification package for general contractors for construction of the Tustin Ranch Road Phase 2 Roadway Improvements Project. The pre-qualification procedure was selected due to the specialized nature of construction and the complexity of scheduling required for construction, including the deep IRWD underground utility improvements in the vicinity of ongoing Navy groundwater clean-up operations near the southerly Navy Hangar and the elevated bridge crossing aver Edinger Avenue, SCRRA railroad tracks, and the Agenda Report March 13, 2012 Page 3 specialized nature of construction and the complexity of scheduling required for construction, including the deep IRWD underground utility improvements in the vicinity of ongoing Navy groundwater clean-up operations near the southerly Navy Hangar and the elevated bridge crossing over Edinger Avenue, SCRRA railroad tracks, and the Santa AnalSanta Fe Channel. On August 25, 2011, the City received submittals under the pre-qualification process from twelve general contractors. Subsequently, on October 4, 2011, ten (10} general contractors were approved by the City and the Agency as qualified bidders for Phase 2. Again, Phase 2 of this project involves construction of the remaining underground utility work, sound walls, and street and landscape improvements, including the Edinger AvenuelRailroad/Flood Control Channel bridge overcrossing. Five (5) formal bids were received from the pre-qualified list of potential bidders and were publicly opened on February 28, 2012 and reviewed by the Public Works Department. These five bids are summarized below in order of least to highest dollar amount: • R.J. Noble Company .................................................. $ 22,649,304.73 • Griffith Company ........................................................ $ 22,654,500.00 • C.C. Myers, Inc .......................................................... $ 23,707,949.30 • Flatiron West .............................................................. $ 23,991,560.00 • Shawnan .................................................................... $ 24,544,387.80 It is recommended that the Oversight Board authorize the Successor Agency to award the construction contract for the Tustin Ranch Road Phase 2 Roadway Improvements Construction Project (CIP Nos. 70100, 70204, 70206, 70214, & 70215) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder, R.J. Noble Company, in the amount of $22,649,304.73 and use, among other funds, MCAS 2010 Tax Allocation Bond Proceeds intended for such use. Christine A. Shingl n pouglas S. Stack, P.E. Assistant Executiv Director Dir~cto~f Public Works/City Engineer Successor Agency of the successor Agency of the Tustin Community Redevelopment Agency Tustin Community Redevelopment Agency