AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 22-000485
MEETING DATE:	08/23/22
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Dylan Wright (714) 480-2788

Subject: Award Design Services Contract for Dana Point Harbor Rockfall Mitigation Project

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $700,000

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: See Financial Impact Section

Funding Source: See Financial Impact Section	County Audit in last 3 years: No

Prior Board Action: 5/10/2022 #8, 2/25/2020 #15, 8/28/2018 #42, 1/31/2006 #25

RECOMMENDED ACTION(S):

Award contract to ENGEO Incorporated to provide Design Services for the Dana Point Harbor Rockfall Mitigation Project, effective August 25, 2022, through August 24, 2028, in an amount not to exceed $700,000.

Authorize the Director of OC Public Works or designee to execute the contract with ENGEO Incorporated.

Authorize return of bid guarantees to all bidders upon execution of the contract.

SUMMARY:

Award of a contract to provide Design Services for the Dana Point Harbor Rockfall Mitigation Project will improve public health and safety from hazards due to coastal bluff issues, as well as reduce damage and disruptions to public infrastructure along a well-used thoroughfare.

BACKGROUND INFORMATION:

The Dana Point Harbor Rockfall Mitigation Project (Project) is located within real property owned by the County of Orange (County) in the City of Dana Point. The Project is on the Dana Point Bluffs (Bluffs) adjacent to Dana Point Harbor Drive, which spans approximately 3,000 linear feet in length.

The Bluffs adjacent to Dana Point Harbor Drive have experienced continuous detachment of rock due to their geologic structure. Photographic evidence of the harbor area from the early 20th century documents the ongoing erosion of the Bluffs. Historical data indicates that boulders have fallen from the Bluffs. Temporary road closures, massive cleanup, bluff stabilization, regrading and barrier construction occurred in the 1980s, February 1993, October and December 2010, October 2012, January 2014 and October 2015, due to these rockfalls. Most recently on January 13, 2018, a 2-ton boulder fell approximately 100 feet damaging a restroom building.

The Bluffs are composed of friable Capistrano Formation sandstones and regularly experience rockfalls and landslides. The Bluffs were identified as a seismic hazard zone for earthquake-induced landslides in the Preliminary Geological/Geotechnical Assessment Report for the Dana Point Harbor Revitalization Project, Final Environmental Impact Report (EIR) No. 591, dated January 2006 (Attachment F). Furthermore, the Project is adjacent to a listed site in the landslide inventory of the Seismic Hazard Zone Report for the Dana Point 7.5 Minute Quadrangle, 2001 (California Department of Conservation, Division of Mines and Geology).

The Bluffs have experienced erosion and deteriorating rock face conditions. The Project proposes to safeguard the public by reducing the impact of falling rock such as, but not limited to, installing a netting system, small retaining wall or applying shotcrete at the western portion of the Bluffs. A preliminary study by Geosyntec Consultants, Dana Point Harbor Bluffs: Sampson Overlook and Rock Fall Hazard Assessment, 2018, identified five hazard zones on the Bluffs. The area of concern addressed by this proposal is the "Zone 1" section with the highest priority for receiving mitigation. Factors identified as contributing to landslides include bluff face instability, water seepage from rain and blufftop residential irrigation, block falls and adverse geological bedding surfaces in the cliff.

On January 31, 2006, the Board of Supervisors (Board) adopted a Resolution to certify Final EIR 591, Dana Point Harbor Revitalization Project, along with adopting a Board Resolution approving the Dana Point Harbor Revitalization Plan.

On August 28, 2018, the Board approved a Hazard Mitigation Grant Program (HMGP) application and resolution to OC Community Resources/OC Parks (OCCR/OC Parks) for the Project.

On February 25, 2020, the Board approved OCCR/OC Parks’ acceptance of a HMGP award for $3,966,375. The award is split into two phases: $754,654.21 for Phase I- Planning and Design and $3,211,720.79 for Phase II- Implementation (pending successful completion of Phase I). The grant is anticipated to cover the cost of the Project in full.

Federal Funding required that the Project follow the established OC Public Works procurement procedures. On April 6, 2022, OC Public Works issued a Request for Proposals (RFP) for Design Services (Services) for the Project. The RFP was advertised on the County online bidding system. Slope protection is considered specialized work and there has been a downward trend due to the current market conditions, which resulted in only one responsive proposal being received. See Attachment D for the Summary of Evaluators Scoring. The resulting ranking is as follows:

Contractors	Rank
ENGEO Incorporated	1

OC Public Works is procuring Services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual, Section 3. The Orange County Preference Policy is not applicable to this contract award.

On May 10, 2022, the Project was approved by the Board as part of the OC Public Works and OCCR/OC Parks 7-Year Capital Improvement Program for FY 2022-23 through FY 2028-29.

OC Public Works recommends that the Board award Contract MA-080-22011754 (Contract) to ENGEO Incorporated (Contractor) for Services for the Project, effective August 25, 2022, through August 24, 2028, in an amount not to exceed $700,000. This Contract is for a portion of Phase 1 Planning and Design Services, exclusive of other eligible costs, including, but not limited to, County staff time and permit fees that are required for the Project. Services for the Project include preparation of plans, specifications, engineer’s estimates, support for regulatory permitting and consistency with existing environmental documentation, stakeholder engagement and construction support. Due to complexity of design elements required for the Project, a consistent design team is crucial from preliminary design, external stakeholder approvals through construction close-out. The six-year Contract term incorporates estimated timelines for stakeholder project approvals, federal funding authorizations, procurement of long-lead construction materials and potential weather delays.

The Contractor’s license number was verified as current and active through the Department of Consumer Affairs database on May 6, 2022. A copy of the verification is on file.

OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with City of Pismo Beach, City of Avalon and City of Laguna Beach regarding similar Projects/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 for Construction Phase Services for the Project at a later date.

The Contract is coming to the Board less than 30 days before the commencement of Services since the design must be completed by April 2, 2023, in order to meet grant deadlines. Design is expected to take the full seven months once initiated.

Compliance with CEQA: This action is not a Project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a Project since the action involves the approve of a Contract for professional Services. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a Project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations and revenue for this Contract are included in Fund 108, OC Dana Point Harbor's FY 2022-23 and funds will be encumbered in the same year.

On February 25, 2020, the Board approved OC Parks grant acceptance in the amount of $754,654 from the Federal Emergency Management Agency through the HMGP funds for up to 75 percent federal cost share for the design of the Project and the other 25 percent will utilize Fund 108. Staff anticipate using in-kind services dedicated toward this Project to count toward the 25 percent match obligation.

The proposed Contract includes a provision stating the Contract is subject to termination for cause upon 10 days' written notice to the Contractor and a provision stating the Contract may be terminated for convenience by the County at any time, and without cause upon seven days' written notice to the Contractor without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Community Resources/OC Parks

ATTACHMENT(S):

Attachment A - Contract MA-080-22011754 with ENGEO Incorporated
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation
Attachment D - Summary of Evaluators Scoring
Attachment E - Project Location Map
Attachment F - Preliminary Geological/Geotechnical Assessment Report