AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 22-000480
MEETING DATE:	11/29/22
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	3
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Joseph Seybold (714) 667-4921
	Mike Smith (714) 667-3289

Subject: Award Contract for Orange County Health Care Agency Campus at El Toro

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $12,000,000

Annual Cost: See Financial Impact Section

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 15D: 100%	County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

1. Make the following CEQA findings:

The City of Irvine, as lead agency under CEQA, in Irvine City Council Resolution No. 03-60, adopted on May 27, 2003, certified a Final Program Environmental Impact Report for the Orange County Great Park Annexation, General Plan Amendment, Zoning and Related Actions (SCH# 2002101020), adopted first Final Supplemental Environmental Impact Report on August 30, 2011, and in Irvine City Council Resolution No. 13-132, adopted on November 26, 2013, certified a Final Second Supplemental Environmental Impact Report for the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project (SCH# 2002101020), which studied the environmental impacts associated with the proposed action. The County of Orange has reviewed and considered the Final Program Environmental Impact Report and Final Second Supplemental Environmental Impact Report and certifies that it has done so.

There are no significant environmental effects within the jurisdiction of the County of Orange that require a finding on the part of the County of Orange.

The circumstances of the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project that are substantially the same as described in Final Program Environmental Impact Report for the Orange County Great Park Annexation, General Plan Amendment, Zoning and Related Actions and Final Second Supplemental Environmental Impact Report for the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project and no substantial changes have been made in the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project, no substantial changes have occurred in the circumstances under which the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project is being undertaken, and no new information of importance to the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project, which was not known or could not have been known when the Final Program Environmental Impact Report and Final Second Supplemental Environmental Impact Report were certified has become known. Pursuant to CEQA Guidelines Sections 15162 and 15168, the County of Orange is authorized to rely on the Program Environmental Impact Report and Final Second Supplemental Environmental Impact Report and no further environmental review is required.

Award a contract to PCL Construction Services, Inc. to provide Design and Construction Services for the Orange County Health Care Agency Campus at El Toro Project, effective upon Board of Supervisors approval, for a Guaranteed Maximum Price of $78,240,000. This Guaranteed Maximum Price includes $8,077,279 for the Design Services and Pre-Construction Phase specifically, which is to be completed within 880 calendar days of the effective date of the Notice to Proceed.

Authorize the Director of OC Public Works or designee to execute the contract with PCL Construction Services, Inc.

Authorize the Director of OC Public Works or designee to amend the contract, in substantially the same form, for approval of Guaranteed Maximum Price phases, with the condition that the total sum does not exceed $78,240,000.

SUMMARY:

Award of a contract to provide Design and Construction Services for the Orange County Health Agency Care Campus at El Toro Project will provide state of the art new public health facilities to serve the community.

BACKGROUND INFORMATION:

The proposed Orange County Health Care Agency Campus at El Toro Project (Project) site is in the City of Irvine (City) within the vicinity of the Orange County Great Park and within 20-minute walking distance from the Irvine train station. The site consists of two parcels, with Parcel 3 being approximately 4.38 acres and Parcel 4 being approximately 5.23 acres. One parcel is within the Lease in Furtherance of Conveyance area. The Project's vertical structure is an approximately 68,000 square-foot, two-story building. Uses in the building include:

Public Health Lab with Biosafety Lab component	25,000 square feet
Communicable Disease Control Services	22,000 square feet
Emergency Management Center	12,000 square feet
Agency Operations Center	9,000 square feet
Parking improvements to accommodate 240 code-compliance parking spaces	N/A
On-site landscaping and site security fencing	N/A

On February 2, 2022, OC Public Works issued Request for Qualification documents for the Project through the County of Orange (County) online bidding system. Six contractors responded and three were pre-qualified to submit a proposal in response to the County's subsequent Request for Proposals (RFP).

On March 17, 2022, OC Public Works issued an RFP for the Project to the prequalified contractors. The RFP was advertised on the County online bidding system. Two proposals were received and were deemed responsive. The evaluation panel consisting of two people from OC Public Works, one person from the County Executive Office (CEO) Real Estate, one person from CEO Budget and one person from the Health Care Agency scored the responsive proposals. See Attachment D for the Summary of Evaluators' Scoring. The resulting rankings are as follows:

Contractors	Rank
PCL Construction Services, Inc.	1
Snyder Langston, LLC	2

OC Public Works is procuring Design and Construction Services (Services) for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual, Section 5. The Orange County Preference Policy is not applicable to this contract award.

OC Public Works is recommending the Board of Supervisors (Board) award Contract MA-080-23010085 (Contract) with PCL Construction Services, Inc. (Contractor) for Services for the Project, effective upon Board approval, for a Guaranteed Maximum Price (GMP) of $78,240,000. This GMP includes $8,077,279 for the Design Services and Pre-Construction Phase specifically, which is to be completed within 880 calendar days of the effective date of the Notice to Proceed.

The Contractor’s license number was verified as current and active through the Contractors State License Board and Department of Consumer Affairs databases on May 31, 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 California State University, San Marcos; San Diego County Regional Airport Authority; and California State University, San Diego regarding similar Services.

This Contract includes subcontractors or pass through to other providers. This Contract, due to the nature of the services, could require the addition of subcontractors. In order to add subcontractors to the Contract, the Contractor must seek express consent from OC Public Works. Should the addition of a subcontractor affect the scope of work and/or Contract amounts, OC Public Works will bring the item back to the Board for approval. See Attachment B for the Contract Summary Form.

Compliance with CEQA: The City, as lead agency under CEQA, in City Council Resolution No. 03-60, adopted on May 27, 2003, certified a Final Program Environmental Impact Report (PEIR) for the Orange County Great Park Annexation, General Plan Amendment, Zoning and Related Actions (SCH# 2002101020), in City Council Resolution No. 11-97, adopted on August 30, 2011, certified first Final Supplemental Environmental Impact Report and in City Council Resolution No. 13-132, adopted on November 26, 2013, certified a Final Second Supplemental Environmental Impact Report (SSEIR) for the Heritage Fields Project 2012 General Plan Amendment/Zoning Code Project (SCH# 2002101020), which studied the environmental impacts associated with the proposed action. The County has reviewed and considered the Final PEIR and SSEIR and has certified that it has done so.

The Final PEIR and SSEIR assumed certain development intensities that are consistent with the intentions of the previous landowner and the expectations of the City and also assumed development intensities for the 100 acres that was later dedicated to the County, consistent with the list of uses provided in the Pre-Annexation Agreement (March 4, 2003). The Final PEIR and SSEIR analyzed both the Base Plan and the Overlay Plan and indicate the type and intensity of development permitted. The proposed Project is consistent with the assumptions for development on the Project site. The County is authorized by CEQA Guidelines Section 15162 and 15168 to rely on the Final PEIR and SSEIR certified by the City, and no further environmental review is required.

FINANCIAL IMPACT:

Appropriations for this Contract are included in the FY 2022-23 Budget for the Countywide Non-General Fund Capital Project Fund 15D, offset by the Board-approved funding from American Rescue Plan Act and State Enhanced Laboratory Capacity grants and will be included in the budgeting process for future years. The Project will be completed in phases and encumbered accordingly up to the GMP of $78,240,000.

The proposed Contract includes a provision stating the Contract may be terminated for convenience of the County not less than 30 days written notice to the Contractor without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Health Care Agency

ATTACHMENT(S):

Attachment A - Contract MA-080-23010085 with PCL Construction Services, Inc.
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation
Attachment D - Summary of Evaluators' Scoring
Attachment E - Interview Evaluation Scoring Sheet
Attachment F - Project Location Map