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Agenda Item
ASR
Control 25-000455 |
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MEETING
DATE: |
06/24/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Thomas
A. Miller (714) 834-6019 |
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Kevin
Onuma (714) 647-3939 |
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Subject: Approve Contracts for OC Sailing
and Events Center Dock Reconstruction Project
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: N/A |
Annual Cost: FY 2025–26 $4,194,411 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/20/2025 #8, 10/22/2024 #21,
10/31/2023 #21 |
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RECOMMENDED
ACTION(S):
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1. |
Find that the
Orange County Sailing and Events Center Dock Reconstruction Project located
in Dana Point Harbor is Categorically Exempt from the California
Environmental Quality Act (CEQA) Class 2 (Replacement or Reconstruction)
pursuant to CEQA Guidelines, Section 15302. |
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2. |
Find pursuant to
California Government Code Section 4525, et seq. (Mini-Brooks Act) that
Bellingham Marine Industries, Inc. is competent and qualified to perform the
Final Design Phase Services for the Orange County Sailing and Events Center
Dock Reconstruction Project. Further, find the price for the Final Design
Phase Services is a fair and reasonable price and it is in the public’s best
interest to proceed with the final design without using a competitive
procurement process. |
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3. |
Authorize the
Director of OC Public Works or designee to execute a contract with Bellingham
Marine Industries, Inc. for Final Design Phase Services for the Orange County
Sailing and Events Center Dock Reconstruction Project, for a two-year term
effective upon execution of all necessary signatures, in an amount not to
exceed $194,411, in substantially the form attached with minor modifications
that do not increase the cost or liability to the County with approval of
County Counsel. |
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4. |
Authorize the Director of OC Public
Works or designee to execute future amendments to the Final Design Phase
Services contract, provided those amendments do not increase a financial
obligation on the part of the County of Orange by more than 25 percent of the
original agreed amount. |
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5. |
Find that competitive bidding for the
Orange County Sailing and Events Center Dock Reconstruction Project would be
impractical and otherwise unavailing, and provide no advantage to the public. |
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6. |
Authorize the
expenditure of funds in an amount not to exceed $4,000,000 to fund a
negotiated Construction Phase Services Contract with Bellingham Marine
Industries, Inc. for the construction of the Orange County Sailing and Events
Center Dock Reconstruction Project. |
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7. |
Authorize the
Director of OC Public Works or designee to execute a contract with Bellingham
Marine Industries, Inc., in substantially the form attached with minor
modifications that do not increase the cost or liability to the County with
approval of County Counsel, for Construction Phase services for the Orange
County Sailing and Events Center Dock Reconstruction Project. |
SUMMARY:
Approval and award of contracts
will provide Final Design Phase Services and Construction Phase Services for
the Orange County Sailing and Events Center Dock Reconstruction Project to
replace and modernize aging dock facilities.
BACKGROUND
INFORMATION:
OC Community Resources/OC Parks
(OCCR/OC Parks) manages the Orange County Sailing and Events Center (OCSEC) in
Dana Point Harbor. Construction of Dana Point Harbor began in the late 1960s as
a joint federal and County of Orange (County) project and was completed and
officially dedicated as a public harbor by the County in 1971. The OCSEC land
was set aside for community recreational use and developed in 1983. Currently,
the OCSEC consists of several amenities including floating docks, amenities for
public programming, public restrooms, spaces for special events and meetings,
Park Ranger and administrative office space, and a boathouse.
Given the extensive use of the
floating dock facilities at OCSEC, they have reached the end of their useful
life and are significantly deteriorating. To address the conditions of the
docks, OC Public Works and OCCR/OC Parks are proceeding with the OCSEC Dock
Reconstruction Project (Project). The Project will renovate the westside
floating dock which are utilized for launching non-motorized watercraft and
hosting educational water recreation classes, and the eastside floating docks
which are used for motorized and non-motorized boat access for youth programs,
educational classes and recreational opportunities. The improvements will
enhance facility safety and create Americans with Disabilities Act
accessibility, connecting residents and visitors to water-based recreational
opportunities and expanding boating access for individuals with disabilities.
The proposed upgrades under this
Project are a key part of the OCSEC Facilities Operation and Maintenance Plan,
a component of the overall revitalization of Dana Point Harbor. On July 17,
2018, after a competitive RFP process the Board of Supervisors (Board) approved
Option Agreements and Master Leases with Dana Point Harbor Partners, LLC (DPHP)
for the revitalization of Dana Point Harbor (Harbor), including upgrades to the
Commercial Core, Marina, Drystack and Hotel. While the bulk of the Harbor is
under construction and management by DPHP under a long-term lease, the OCSEC
falls outside of the scope of DPHP’s leased premises and is therefore not part
of DPHP’s responsibilities.
On October 31, 2023, the Board
authorized OCCR/OC Parks to apply for a California Department of Fish and Wildlife
grant under the Boating Access Grant Program to seek funding assistance for the
Project. On October 22, 2024, the Board
authorized OCCR/OC Parks to accept a Boating Access Grant in the amount of
$3,220,190 to create final plans, obtain permits and construct the OCSEC dock
improvements.
CEO
Real Estate and OC Public Works are recommending that the Board approve
Contract MA-012-25011572 (Contract) with Bellingham Marine Industries, Inc.
(BMI) for Final Design Phase Services effective upon execution of all necessary
signatures, in an amount not to exceed $194,411. The proposed Contract is a
sole source contract and, as such, is exempt from the Orange County Preference
Policy pursuant to CPM §4.5-107.
The Final Design Phase will include
detailed engineering, preparation of construction documents and permit
coordination. BMI was selected based on their qualifications and extensive
experience in designing and constructing marinas along the California coast and
throughout the world. Their scope of work will include civil, structural, and
marine engineering expertise, all necessary for successful dock construction.
The Mini-Brooks Act, as enacted in
Government Code sections 4525 through 4529.5, mandates that public agencies in
California select professional services such as architecture and engineering
based on demonstrated competence and professional qualifications necessary for
the satisfactory performance of the services required. Through their
demonstrated expertise, BMI has been determined to possess exceptional
qualifications, experience, and familiarity with the Project (Attachment C).
Several recent projects in which BMI provided design services include:
• Marina Del Rey Marina – Marina Del Rey
• Parcel 44 Marina – Marina Del Rey
• Dover Landing Marina – Newport Harbor
• Ventura Isle Marina – Ventura Harbor
• Ventura Yacht Club – Ventura Harbor
• Dana Point Marina – Dana Point Harbor
• Bahia Marina – Channel Islands Harbor
• Clipper Yacht Harbor – Sausalito
The Project demands a specialized
team to ensure that the design seamlessly integrates with the existing
infrastructure of the Harbor docks. BMI is already onsite working on the
ongoing Harbor revitalization, a project that they were awarded after a competitive
RFP process in 2018. Their involvement in prior phases provides valuable
continuity that supports efficient and timely Project delivery. OC Public Works
has determined that no other firm can provide the required services without
incurring substantial risk, delays, and unnecessary costs to the Project. In
accordance with the Mini-Brooks Act, the scope of services has been clearly
defined, and the selection of BMI is based on their demonstrated competence and
professional qualifications.
The Board is being asked to make
findings pursuant to the Mini-Brooks Act, that BMI, based on the information
provided regarding their demonstrated competence and professional
qualifications, is competent and qualified to perform the Final Design Phase
Services for the Project. Further, it is recommended the Board find the price
for the Final Design Phase Services to be fair and reasonable, and that it is
in the public’s best interest to proceed with the final design under a
non-competitive procurement process.
The California Public Contract Code
generally requires that public works contracts be competitively bid with the
lowest responsible and responsive bidder selected. The purpose of the bidding
requirements is to guard against favoritism, improvidence, extravagance, fraud
and corruption and to prevent misuse of public funds, while ensuring the best
economic result for the public. However, the specific facts and circumstances
of this Project demonstrate that complying with the bidding requirements set
forth in the Public Contract Code would be impractical, otherwise unavailing
and not produce an advantage. Therefore, the advertisement for competitive bids
would be undesirable and impractical.
While it is a general rule that
competitive bidding is a mandatory requirement as provided by the Public
Contract Code, this contract falls into an exception to the competitive bidding
process. Competitive bidding requirements are not required for public works
contracts when competitive proposals would be unavailing or would not produce a
tangible advantage, rendering the advertisement for competitive bids
undesirable, impractical or impossible. (Graydon
v. Pasadena Redevelopment Agency (1980) 104 CA.3d 631).
In this case, it is particularly
impractical to conduct a separate bidding process due to the ongoing adjacent
work. BMI is already mobilized and performing similar work, the revitalization
of the Harbor under DPHP management, immediately adjacent to the Project site.
BMI is an affiliate of Bellwether Financial Group, a vested partner for the
DPHP. Due to their ongoing involvement, BMI’s established mobilization, deep
familiarity with the Harbor’s regulatory conditions and close integration with
the existing project infrastructure, uniquely positioning them to ensure
continuity, minimize risks and reduce costs. Introducing a new contractor would
require detailed coordination between independent construction teams, which
would increase the complexity of the Project and raise the risks of delays or
conflicts. Such an approach would be otherwise unavailing, as there is no
competitive advantage to be gained, and the lack of integration would be
detrimental to the overall Project. Given that BMI has already mobilized and
allocated resources for the revitalization of the Harbor, initiating a
competitive bidding process is unlikely to produce materially better economic
or technical results. The inefficiencies and risks of incompatibility would
likely offset any potential marginal cost savings. Additionally, BMI is
constructing the infrastructure (utilities, gangways, dock types) tied to the
broader Harbor revitalization. Lastly, a new contractor may not be able to
replicate or align with these established systems, reducing the value of any
alternative bids and further complicating the Project’s execution.
The Board is being asked to
authorize the Director of OC Public Works or his designee to execute a
Construction Phase Contract in an amount not to exceed $4 million with BMI,
based on the authority established in Graydon
v. Pasadena Redevelopment Agency. BMI’s continued involvement ensures
efficient use of public funds, consistent with the core principle in Graydon.
This request is made in light of the unique and complex nature of the Project,
which requires extensive public-private coordination.
On May
20, 2025, the Board approved the Project in OC Public Works 7-Year Capital
Improvement Program (CIP) Fiscal Year (FY) 2025-26 through FY 2031-32. OC Parks
Dana Point Harbor, Fund 108, will be utilized to fund the design and
construction of the Project.
Compliance
with CEQA:
The proposed Project is Categorically Exempt (Class 2) from the provisions of
CEQA pursuant to CEQA Guidelines Section 15302, because it provides for the
replacement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure
replaced.
FINANCIAL
IMPACT:
Appropriations for this Contract
and the Construction Phase Contract will be included in the FY 2025–26 Budget
for OC Parks Dana Point Harbor, Fund 108.
This Project is funded by a grant
from the California Department of Fish and Wildlife — Boating Access Grant
Program, accepted by the Board on October 22, 2024, in the amount of
$3,220,190. The grant program is supported with federal funds through U.S. Fish
and Wildlife Services Sport Fish Restoration Grant Program and has a 25% match
requirement with $1,073,397 to come from Fund 108.
The Project is included in and
scheduled in the approved CIP for FY 2025–26.
The proposed Contract is contingent upon
funding availability. In the event funding is reduced or terminated, the County
may, as necessary, renegotiate the level of services and/or terminate the
Contract with 30 days’ notice, without penalty to the County.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OC
Public Works
OC Community Resources/OC Parks
ATTACHMENT(S):
Attachment
A – Contract MA-012-25011572 with Bellingham Marine Industries, Inc.
Attachment B – Location Map
Attachment C – Bellingham Marine Industry, Inc.’s Qualifications
Attachment D – Construction Model Contract
Attachment E – Government Code Sections 4525–4529.5