AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000001
MEETING DATE:	03/23/21
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):	Nardy Khan (714) 647-3906
	Austin Morgan (714) 647-3981

Subject: Award Design Phase Services Contract for Laguna Canyon Channel Replacement

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $140,000

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 401: 100%	County Audit in last 3 years: No

Prior Board Action: 4/28/2020 #40

RECOMMENDED ACTION(S):

Award Design Phase Services Contract with Ames Construction, Inc. for Construction Manager At-Risk Services for the Laguna Canyon Channel Replacement Project for a Guaranteed Maximum Price of $140,000.

Authorize the Director of OC Public Works or designee to execute the contract when the Certificate of Insurance has been submitted and approved by County Executive Office Risk Management and County Counsel.

Authorize the Director of OC Public Works or designee to amend the contract, in substantially the same form, provided those amendments would result in minor, non-substantive changes that do not create or increase a financial obligation on the part of the Orange County Flood Control District.

SUMMARY:

Award of the Design Phase Services Contract with Ames Construction, Inc. to provide Construction Manager At-Risk Services for the Laguna Canyon Channel Replacement Project will support expediting the replacement of approximately 1,200 feet of Laguna Canyon Channel from Laguna Canyon Frontage Road to Woodland Drive.

BACKGROUND INFORMATION:

The Laguna Canyon Channel (Channel) Replacement Project (Project) is located in the City of Laguna Beach (City) and involves replacing approximately 1,200 feet of Channel in Orange County Flood Control District Facility No. I02, from upstream of Laguna Canyon Frontage Road to downstream of Woodland Drive (Limits). The Project consists of removing and replacing the rectangular concrete channel, three small concrete pedestrian bridges that cross the channel, softscape and hardscape that may be damaged and/or removed in order to construct the Project and removal of trees adjacent to the Project Limits that pose a risk to the Channel.

During heavy storms in February 2019, approximately 265 feet of the left side Channel wall failed and collapsed. An investigation determined that an emergency repair was needed to maintain flood protection to the community. In March 2019, a temporary repair was implemented to fix the collapsed wall and bracing was added to prevent additional failures. The Project will replace the temporary repairs with a permanent solution for the Channel.

The Project was included in the 7-Year Capital Improvement Program (CIP) FY 2020-21 to FY 2026-27 adopted by the Board of Supervisors (Board) on April 28, 2020. The CIP provides transparency for the public on how the County of Orange (County) plans to utilize resources in order to deliver horizontal infrastructure over the next seven years. Adoption of the CIP directs the focus of County resources in the pursuit of grant funds and the delivery of complete roadway, flood control and active transportation projects necessary to enhance public safety, reduce traffic congestion, complete bicycle facilities and provide flood protection for the County residents, businesses and visitors.

On October 28, 2020, OC Public Works issued a Request for Proposals for Construction Manager At-Risk Services (CMAR Services) for the Project. The CMAR Services delivery method was selected for this Project due to the level of coordination required with numerous external stakeholders, constructability challenges and schedule constraints. Five proposals were received and evaluated based upon predetermined criteria. The evaluation committee consisted of representatives from OC Public Works, the City and one independent engineering consultant. Three respondents were deemed qualified and invited to participate in oral interviews. The evaluation committee scored the three respondents on both their written proposal and oral interview. The cost proposals were objectively scored and added to the totals. The respondents were ranked as follows:

Contractors	Rank
Ames Construction, Inc.	1
Sukut Construction, LLC	2
KEC Engineering	3

Ames Construction, Inc. (Contractor) received the highest rank and is highly qualified with extensive experience in alternate project delivery methods, which includes the negotiation of a Guaranteed Maximum Price (GMP). The Contractor's license number was verified as current and active through the Contractors State License Board database on November 24, 2020. A copy of the verification is on file.

OC Public Works has negotiated the proposed Contract MA-080-21010966 (Contract) with the Contractor for $140,000 to provide design reviews, constructability reviews, value engineering evaluations, utility investigations, scheduling, public outreach, regulatory permit support and preparation of pre-construction submittals. OC Public Works will return to the Board with a proposed contract for Construction Phase Services at a later date.

OC Public Works is recommending that the Board award the Contract for Design Phase Services (Services) for the Project to the Contractor for a GMP of $140,000, which includes a GMP for Services of $105,000 and the County's Project contingencies.

OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with the California Department of Transportation, California Department of Water Resources and the City of Phoenix regarding similar projects.

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

OC Public Works plans to negotiate a GMP for Construction Phase Services with the Contractor and will return to the Board for approval of the contract required to complete the Project.

OC Public Works is procuring Services for this Project under the 2020 Design and Construction Procurement Policy Manual, Section 5.6.

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 it involves the approval of a design contract to provide Services for the Project. This proposed activity is therefore not subject to CEQA. Any individual, specific work authorized pursuant to this contract will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for this Contract are included in the FY 2020-21 Budget for OC Flood – Capital Improvement Projects, Fund 401, 100 percent.

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations 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-080-21010966 with Ames Construction, Inc.
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation and Evaluation Ranking Summary
Attachment D - Summary of Evaluators Scoring
Attachment E - Project Location Map