Agenda Item   



                                                                                                                        ASR Control  23-000831




legal entity taking action:

Board of Supervisors

board of supervisors district(s):


SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

James Treadaway (714) 667-9700 



Dylan Wright (714) 480-2788



Subject:  Award Contract for Mile Square Park Golf Course Conversion - Phase 2


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:   $10,005,000

Annual Cost: FY 2024-25 $19,133,500




    Staffing Impact:


# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 406: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         12/7/2021 #24, 7/13/2021 #8, 3/13/2018 #S29C, 5/25/1999 #S41B






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.



Authorize the Director of OC Public Works or designee to execute the contract with Ohno Construction Company.



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.








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.






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:




Ohno Construction Company


Sully-Miller Contracting Company



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.






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.










OC Community Resources/OC Parks




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