To: BOARD OF SUPERVISORS
From: Executive Office
Meeting Date: September 23, 2025
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Department Contact: |
Doug Anderson |
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707-234-6054 |
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Department Contact: |
Sara Pierce |
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707-463-4441 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Declaration of Bid Number 025-25 Bower Park Restoration and Improvement Project Rebid (the “Project”) as a Failed Bid Due to No Bids Received and Approval of the Bower Park Restoration and Improvement Project Rebid Plans and Specifications and Authorization to Award the Project, Pursuant to Public Contract Code Section 22038, to Miguel Angel Rodriguez Zepeda, Doing Business as MARZ Engineering (“MARZ”); and Approval of an Agreement with MARZ in the Amount of $1,074,275 for Phase 1 and a Not-to-Exceed Amount of $325,000 for Phase 2 of the Project; and Authorization to Purchasing Agent to Directly Procure up to $250,000 of Equipment and Amenities
End
Recommended Action/Motion:
recommendation
Declare Bid Number 025-25 Bower Park Restoration and Improvement Project Rebid (the “Project”) as a failed bid due to no bids received and approval of the Bower Park Restoration and Improvement Project Rebid plans and specifications and authorize the award of the Project, pursuant to Public Contract Code section 22038, to Miguel Angel Rodriguez Zepeda, doing business as MARZ Engineering; Approve Agreement with MARZ in the amount of $1,074,275 for Phase 1 and a not-to-exceed amount of $325,000 for Phase 2 of the Project; authorize the Purchasing Agent to directly procure up to $250,000 of equipment and amenities; and authorize the Chair to sign same.
End
Previous Board/Board Committee Actions:
Adoption of Resolution 22-018 approving the application for specified grant funds from the State of California budget act 2022/23 (Sec 19.56 (A) (8) A(BG) in the amount of $2,200,000 for Bower Park Restoration Project at the January 10, 2023 Board Meeting.
Approval of BOS Agreement 23-062 with the State of California Natural Resources Agency Department of Parks and Recreation for general fund specified grant for Bower Park restoration, in the amount of $2,200,000, effective upon full execution through June 30, 2026; and authorization for the Facilities and Fleet Division Manager to establish a Capital Improvement project for the grant, and to act as project manager at the April 25, 2023 meeting.
Approval of Agreement with Integra Planning and Landscape Architecture, Inc. in the Amount of $356,756 for Professional Landscape Architecture Services Required to Complete the Bower Park Restoration and Improvement Project at 38040 Old Stage Road, Gualala, CA, 95445.
Rejection of all bids submitted for bid number 017-25 for the Bower Park Restoration and Improvement Project and direction to staff to rebid the project with reduced scope on July 8, 2025.
Summary of Request:
The Bower Park Improvement and Restoration project was created upon receipt and acceptance of the Bower Park specified grant in 2023. Staff subsequently solicited and the Board awarded a design contract to develop plans for the Park and ensure the approval of environmental studies and a Coastal Development use permit. A contract for the initial work to remove over 250 dead and dying pine trees was completed in 2024, while staff and the architectural team conducted workshops and surveys to gather the Gualala community’s input on their priorities for the project. Project plans were subsequently developed, a California Environmental Quality Act (CEQA) Initial Study/ Draft Mitigated Negative Declaration (ISMND) was prepared and circulated, and the Coastal Development use permit application was submitted and ultimately approved by the Planning Commission on May 1, 2025 along with adoption of the ISMND.
Project plans for the Bower Park Restoration and Improvement Project were issued for bid on May 9, 2025 and on June 5 one bid was received in the amount of $3,345,000, which far exceeded the construction budget for the project. Pursuant to Public Contract Code (PCC) section 22038, if after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the County had the option of abandoning the project or readvertising for bids. With insufficient funding to award a contract based on that bid, the board rejected that bid at its July 8 meeting and directed staff to modify the scope of the project and re-issue plans for bidding.
A reduced scope project (the “Rebid Project”) was issued for rebid on July 17th with a bid opening scheduled for August 14th, 2025. No bids were received. Pursuant to PCC Section 22038, subdivision (c), “if no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account or negotiated contract without further complying with this article.”
Staff proceeded with initial negotiations with several contractors that had previously expressed interest in the project to determine their barriers to responding to the second call for bids and the bid amount had they been able to bid. One contractor indicated it would only be able to perform less than half of the scope of work of the Rebid Project given the County’s budget. Other contractors were willing to perform a greater share of the Rebid Project scope, but were not able to procure bonds to cover the entire project; multiple contracts or a phased project would be required. MARZ submitted a cost proposal that was within 3% of the budget for construction with bonding capacity of approximately 60% of the project construction budget.
Staff have negotiated a contract with MARZ that calls for the project to be completed over two separate phases. The County has received a bond for the amount proposed by MARZ for Phase 1, which includes all of the environmental protection measures, demolition, grading, site drainage, paving, spillway crossing repair, concrete walkways, ADA ramps and paths of travel, playground perimeters, basketball, tennis/pickleball and baseball surfaces, rough plumbing and electrical conduits as shown on the project plans. Phase 2 of the project would include fencing, landscaping and irrigation, and other finish items. The County is currently proposing to separately procure playground equipment and structures and other site furnishings in order to assist with reducing the amount that would need to be bonded for Phase 2. Certain work that was largely tied to bid alternates are not being awarded due to cost are also being removed.
The agreement specifically provides that the County and MARZ will confirm the scope of Phase 2, including finalizing the estimated cost (currently capped at $325,000 per the County’s estimate), and which may include amending responsibilities of the County and MARZ if doing so would optimize the result of the project. No order to proceed can be given for Phase 2 by the County until the scope is finalized and MARZ obtains required bonds for the Phase 2 scope. The County also has the ability to terminate the contract as to Phase 2 before the notice to award is given, which could be necessary depending on how Phase 1 proceeds. The commencement of Phase 2 is not contingent on the completion of Phase 1, but on MARZ’s overall bonding capacity and its completion of other projects that would allow for issuance of bonds for Phase 2.
This phased approach is the best effort to ensure single source responsibility for the completion of the project to the greatest extent feasible and meet the current deadlines of the County’s grant funding. It allows the project to break ground and proceed through the fall and winter months, allowing critical progress toward completing the project within the grant performance period.
Following this award staff will proceed with the prioritized procurement of the recreational equipment and other finishes beginning with those required for compliance and the highest priority features as indicated during the community input phase of the project design. It remains possible that certain features and finish items could still be eliminated from the project in order to keep the project within the funding available.
MARZ Engineering is a three year old Ukiah based general engineering contractor with experience completing municipal engineering projects including community park experience.
County staff is also in the process of applying for an extension for the Bower Park specified grant.
Alternative Action/Motion:
Do not authorize award and provide direction to staff.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 5
Vote Requirement: Majority
Supplemental Information Available Online At: NA
Fiscal Details:
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source of funding: California Parks Specified Grant |
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current f/y cost: $1,074,275 |
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budget clarification: NA |
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annual recurring cost: $5,000 - $10,000 per year to comply with environmental conditions of approval. |
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budgeted in current f/y (if no, please describe): Yes |
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revenue agreement: No |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Darcie Antle, CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Deputy Clerk |
Final Status: Item Status |
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Date: Date Executed |
Executed Item Type: item |
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Number: |
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