Agenda Item
ASR
Control 23-000831 |
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MEETING
DATE: |
12/05/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
1 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
James
Treadaway (714) 667-9700 |
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Dylan
Wright (714) 480-2788 |
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Subject: Award Contract for Mile Square Park
Golf Course Conversion - Phase 2
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: $10,005,000 |
Annual Cost: FY 2024-25 $19,133,500 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/7/2021 #24, 7/13/2021 #8, 3/13/2018
#S29C, 5/25/1999 #S41B |
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RECOMMENDED
ACTION(S):
1. |
Award a contract to Ohno Construction
Company for the Mile Square Park Golf Course Conversion - Phase 2 project in
a Guaranteed Maximum Price of $29,133,500, which includes $1,700,000 for
Guaranteed Maximum Price 1: Design Permitting and Pre-Construction Phase and
$24,705,500 for all remaining Guaranteed Maximum Price including Construction
Phase Services and $2,728,000 for contingencies, effective upon Board of
Supervisors approval, to be completed within 820 days of the effective date
of the first Notice to Proceed. |
2. |
Authorize the Director of OC Public
Works or designee to execute the contract with Ohno Construction Company. |
3. |
Approve stipend payment in the amount of
$5,000 to Sully-Miller Contracting Company for submitting a proposal for
Design Permitting and Pre-Construction Phase and Construction Phase Services
for the Mile Square Park Golf Course Conversion - Phase 2 project. |
SUMMARY:
Award of a contract to Ohno
Construction Company to provide Design Permitting and Pre-Construction Phase
and Construction Phase Services for the Mile Square Park Golf Course Conversion
- Phase 2 project will provide for redevelopment of 93-acres into recreational
open space at Mile Square Regional Park.
BACKGROUND
INFORMATION:
Mile Square Regional Park (Park) is
a 607-acre County of Orange (County) park located in the City of Fountain
Valley (City). Serving a large, diverse community, this expansive regional park
offers a variety of amenities, including two fishing lakes, multiple sports
fields, a 10,000 -square-foot multipurpose facility, an archery range, a nature
area, picnic shelters and passive green space. Portions of the Park’s acreage
are leased to three entities. Two private entities manage the Park’s golf
courses, David L. Baker Golf Course and Mile Square Golf Course (MSGC). The
City leases, manages and operates the Fountain Valley Recreation Center and
Sports Park.
On April 9, 1969, a portion of the
Park was leased to MSGC for the development and operation of an 18-hole golf
course facility. The original lease expired April 17, 1997, and was superseded
by an Interim Lease agreement approved by the Board of Supervisors (Board) on
December 9, 1997, wherein the County granted MSGC an option to redevelop and
expand the Mile Square Golf facility by constructing an additional 18-hole golf
course on land in the center area of the park. On May 25, 1999, the Board
approved Draft Environmental Impact Report (EIR) 570 (to amend the Park General
Development Plan (GDP)) and Resolution 99-204, as well as approving a 40-year
lease (Lease) with MSGC, effective July 1, 1999, through June 30, 2039. The
amendment to the GDP allowed for development of the 137-acre Triangle, which
included renovation of the existing 18-hole course; addition of a new, more
challenging 18-hole course (for a total of 36 holes); renovation and expansion
of the existing clubhouse; and expansion of parking and landscaping as the
construction was being completed.
On August 28, 2017, as part of an
audit conducted by OC Community Resources/OC Parks (OCCR/OC Parks) and the
Internal Audit Department (IA), IA found that there was a miscalculation of
MSGC’s minimum annual rent in 2009 and 2014, which resulted in an accumulated
rent underpayment of approximately $3.6 million. To address the rent
underpayment identified by IA, the County negotiated an amendment to the Lease
with new lease terms that included MSGC relinquishing a portion of the leased
premises back to the County.
On March 13, 2018, the Board
approved the First Amendment to the Lease with MSGC to adjust lease terms and
relinquish to the County no less than 85 acres of the Lease premises by January
31, 2021, in consideration for rent owed on the Lease. This First Amendment
provided for the reduction of MSGC’s leasehold by 18 holes, leaving the Park with
two remaining 18-hole golf courses: one at DBGC and one at MSGC.
Following the First Amendment to
the Lease, County Executive Office-Real Estate and OCCR/OC Parks worked with
MSGC representatives to identify an approximately 93-acre portion (Expansion
Area) of the MSGC Lease premises to be returned to County management. This new
leasehold boundary was realized on May 6, 2019, in a Second Amendment to the
Lease. Due to business impacts caused by the COVID-19 pandemic, many County
lessees executed tolling agreements to provide relief to certain lease
requirements. Discussions between the County and MSGC during this time resulted
in a new deadline of July 31, 2021, for turnover of the Expansion Area. Prior
to that date, MSGC conducted sitework on the property in preparation for its
return to the County, including the installation of a fence along the new
property boundary, removal of golf amenities (e.g., signage, putting cups,
flagpoles) and necessary repairs to ensure all infrastructure was transferred in
good working order. The property was successfully transferred and accepted by
OCCR/OC Parks on July 31, 2021.
In 2018, following approval of the
Lease Amendment and the forecasted conversion of the Expansion Area, OC
Community Resources/OC Parks staff immediately began development of the Park
Master Plan (Master Plan). Central to this process was public and community
engagement. OCCR/OC Parks held community meeting on January 16, 2019, and a
large open house at the Park’s Freedom Hall on August 15, 2019, to discuss the
Master Plan planning process, invite public comments, conduct surveys and
solicit feedback on alternative park plans. On July 13, 2021, the Board
approved the Park Master Plan (Master Plan), adopted Resolution 210-79
certifying the Final EIR No. 633 for the Master Plan, adopted the Mitigation
Monitoring Reporting Program (MMRP) Final EIR No. 633 for the Master Plan and
adopted the Findings of Fact for Final EIR No. 633 for the Master Plan.
On July 13, 2021, the Board
approved the Park Master Plan, adopted Resolution 210-79 certifying Final EIR
No. 633, adopted the MMRP Final EIR No. 633 and adopted the Findings of Fact
for Final EIR No. 633 for the Master Plan.
The Master Plan identified five
phases of development. Phase I focused on converting the Expansion Area into
land suitable for public park use. On December 7, 2021, after a competitive
procurement process, the Board approved Contract MA-012-22010543 with Ohno
Construction Company (Contractor). Phase I included demolition of existing golf
course features, earthwork, paving of new vehicular and walking paths, lake
improvements, restroom building renovation, installation of new electrical and
utility infrastructure and adjustments to the existing irrigation system.
Construction was completed in October 2023.
The Park Golf Course Conversion -
Phase 2 (Project) will provide a main and secondary vehicle route, three
parking areas, wet and dry utilities, an amphitheater, a great meadow area, a
children's play area, a unisex restroom with eight stalls, a multi-use field
and removal and filling of a lake.
On April 3, 2023, OC Public Works
issued a Request for Qualification documents for the Project through the County
online bidding system. Three contractors responded and were pre-qualified to
submit proposals in response to the County's subsequent Request for Proposals
(RFP).
On May 16, 2023, OC Public Works issued an
RFP for the Project. The RFP was advertised on the County online bidding
system. The RFP included a guarantee of a $5,000 stipend to those respondents
that were not awarded a contract. The inclusion of a stipend is a traditional
component in complex design-build projects such as this Project due to the
extensive resources required for respondents to prepare a proposal.
Three proposals were received and
two were deemed responsive. The evaluation panel, consisting of subject matter
experts from OC Public Works, OC Community Resources/OC Parks and one from the
public sector, scored the responsive proposals and provided its recommendation.
See Attachment D for the Summary of Evaluators' Scoring. The resulting rankings
are as follows:
Contractors |
Rank |
Ohno
Construction Company |
1 |
Sully-Miller
Contracting Company |
2 |
OC Public Works is procuring
services for this Project in accordance with the 2020 Design and Construction
Procurement Policy Manual (DCPM), Section 5. The Orange County Preference
Policy is not applicable to contracts procured in accordance with the DCPM.
OC
Public Works is recommending the Board award Contract MA-012-24010446
(Contract) to the Contractor in a Guaranteed Maximum Price (GMP) of
$29,133,500, which includes $1,700,000 for GMP 1: Design Permitting and
Pre-Construction Phase, $24,705,500 for GMP 2: Construction Phase Services and
$2,728,000 for contingencies, effective upon Board approval to be completed
within 820 days of the effective date of the first Notice to Proceed. OC Public
Works is also recommending Board approval of a stipend payment of $5,000 to
Sully-Miller Contracting Company in accordance with the terms of the RFP.
The
Contractor’s license number was verified as current and active through the
Contractors State License Board database on June 6, 2023. A copy of the
verification is on file. The Contractor is based in Los Angeles County.
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 San Diego State University
regarding similar projects.
This Contract includes
subcontractors. See Attachment B for the Contract Summary Form.
Compliance
with CEQA:
This Project is a necessarily included element of the Project considered in
Final EIR No. 633 for the Park Master Plan certified by the Board on July 13,
2021, which adequately addressed the effects of the proposed Project. No
substantial changes have been made in the Project, no substantial changes have
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. 633 was certified and
the MMRP was adopted; therefore, no further environmental review is required.
FINANCIAL
IMPACT:
Appropriations for the proposed
Contract are included in Fund 406, OC Parks, FY 2023-24 Budget and will be
included in the budgeting process for future years.
The proposed Contract includes
provisions stating that the Contract may be terminated upon written notice for
cause and upon not less than 30 days' written notice for convenience without
penalty to the County.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OC
Community Resources/OC Parks
ATTACHMENT(S):
Attachment
A - Contract MA-012-24010446 with Ohno Construction Company
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation
Attachment D - Summary of Evaluators' Scoring
Attachment E - Individual Scoring Sheets
Attachment F - Project Location Map