Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000335

 

MEETING DATE:

06/25/24

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Fiona Man (714) 647-3953 

 

 

Steve Carrillo (714) 955-0129

 

 

Subject:  Award Contract for Santa Ana-Delhi Channel (F01) Project

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $815,181

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 401: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         6/6/2023 #11, 1/11/1994 #20

 

RECOMMENDED ACTION(S):

 

 

1.

Award a contract to J.F. Shea Construction, Inc. to provide Pre-Construction Services for the Santa Ana-Delhi Channel (F01) Project, for a Guaranteed Maximum Price of $815,181 effective upon execution of all necessary signatures.

 

2.

Authorize the Director of OC Public Works or designee to execute the contract with J.F. Shea Construction, Inc.

 

 

 

 

 

SUMMARY:

 

Award of the contract for Pre-Construction Services for the Santa Ana-Delhi Channel (F01) Project will provide greater flood protection for residents of Orange County.

 

 

 

BACKGROUND INFORMATION:

 

The trapezoidal earthen channel reach of the Santa Ana-Delhi Channel (F01) (Channel) south of the Interstate 405 (I-405) freeway was constructed in 1965 to convey 65 percent of the 25-year storm frequency flows. Over the years, the Orange County Flood Control District (District) has implemented improvements necessary to provide 100-year storm frequency flow protection to meet current design standards, with the exception of the channel reaches between State Route 73 and the I-405 and the Channel at the downstream end of the channel system.

 

The Santa Ana-Delhi Channel (F01) Project (Project) begins as a soft bottom earthen channel at the outlet to Upper Newport Bay Ecological Reserve (UNBER). Approximately 500 feet upstream of the Bayview Pedestrian Bridge (Bridge), the left bank (looking upstream) transitions to a riprap and concrete lined side slope and ties into the concrete U-channel 400 feet downstream of Mesa Drive. When compared to their original construction, the earthen channel slopes have been heavily eroded and stand nearly vertical on both sides. Furthermore, the Bridge, which is part of the Back Bay Loop trail and heavily traveled by bicyclists and pedestrians, has experienced significant scour at the abutments. The Bridge abutments were rehabilitated in 2017 to bring the Bridge up to code and protect the banks from further erosion. The Project widens the Channel at this location and requires Bridge replacement.

 

During the Section 404 permitting process of an upstream channel reach, the U.S. Army Corps of Engineers (Corps) established a permit issuance condition that the District must complete a comprehensive mitigation program for the entire Channel, including retroactive mitigation for work completed since July 1986. The Project includes a wetlands restoration/mitigation program, which is intended to provide mitigation for all impacts to wetland resources associated with prior, current and remaining Channel improvements.

 

The Project was included in the FY 2020-21 to FY 2026-27 Capital Improvement Program adopted by the Board of Supervisors (Board) on June 6, 2023.

 

On February 14, 2024, OC Public Works issued a Request for Proposals for Pre-Construction Services (Services) for the Project. The Construction Manager at Risk delivery method was selected for this Project due to the level of coordination required with numerous external stakeholders and constructability challenges. Five proposals were received and deemed responsive. The evaluation panel, composed of three representatives from OC Public Works, one representative from OC Parks and one independent engineering consultant, scored the five responsive proposals and invited J.F. Shea Construction, Inc. and Sukut Construction, LLC to participate in oral interviews. See Attachment D for Summary of Evaluators’ Scoring. The resulting rankings of written proposals and oral interviews are as follows:

 

Contractors

Rank

J.F. Shea Construction, Inc.

1

Sukut Construction, LLC

2

SEMA Construction, Inc.

3

Kiewit Infrastructure West Co.

4

Reyes Construction, Inc.

5

                       

OC Public Works is procuring services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual, Section 5.6. The Orange County Preference Policy is not applicable to this contract award.

 

OC Public Works is recommending the Board award Contract MA-080-24011351 (Contract) to J.F. Shea Construction, Inc. (Contractor) to provide Services for the Project, for a Guaranteed Maximum Price of $815,181, effective upon execution of all necessary signatures.

 

The Contractor's license number was verified as current and active through the Contractors State License Board database on March 20, 2024. A copy of the verification is on file. The Contractor is based in Los Angeles County.

 

OC Public Works conducted due diligence on the Contractor. Reference checks were satisfactory and completed with Silicon Valley Clean Water, Brown and Caldwell and San Diego County Water Authority regarding similar Services.

 

This Contract includes subcontractors. See Attachment B for information regarding subcontractors and Contract Summary Form.

 

OC Public Works will return to the Board with a proposed contract to provide construction phase services for the Project at a later date.

 

Compliance with CEQA: This project is a necessarily included element of the project considered in Final Environmental Impact Report (Final EIR) No. 527 for the Santa Ana-Delhi Channel Improvement Project, certified by the Board on January 11, 1994, which adequately addressed the effects of the proposed Project. No substantial changes have been made in the project, no substantial changes has occurred in the circumstances under which the project is being undertaken, and no new information of substantial importance to the project which was not known or could not have been known when the Final EIR No. 527 was certified, and the Mitigation Monitoring and Reporting Program was adopted; therefore, no further environmental review is required.

 

 

FINANCIAL IMPACT:

 

Appropriations for this Contract are included in Fund 401, OC Flood, FY 2023-24 Budget and will be included in the budgeting process for future years.

 

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A- Contract MA-080-24011351 with J.F. Shea Construction, Inc.
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation
Attachment D - Summary of Evaluators’ Scoring
Attachment E - Project Location Map