Agenda Item   



                                                                                                                        ASR Control  19-000977




legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):


SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 



Nardy Khan (714) 647-3906



Subject:  Award Design Build Contract for Huntington Beach Channel and Talbert Channel


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost: $2,846,577

Annual Cost: N/A




    Staffing Impact:


# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: OC Flood Fund 400: 100%

County Audit in last 3 years: No



    Prior Board Action: 4/23/2019 #11, 6/21/2011 #46, 6/26/2007 #93, 4/20/2004 #31






Award Design-Build contract to Reyes Construction, Inc. for a Guaranteed Maximum Price of $2,846,577 to provide Design Phase Services for the Huntington Beach Channel and Talbert Channel Sheet Pile Repair Project for a three-year term effective December 17, 2019, through December 17, 2022.



Authorize the Director of OC Public Works or designee to execute the contract when the Certificate of Insurance and bonds have been submitted and approved by the County Executive Office/Office of 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 County of Orange.







Award of Design-Build contract to Reyes Construction, Inc. to provide Design Phase Services for the Huntington Beach Channel and Talbert Channel Sheet Pile Repair Project will provide for a collaborative team effort and minimize risk impacts, in the provision of greater flood protection for residents of the County of Orange.






The Huntington Beach Channel and Talbert Channel Sheet Pile Repair Project (Project) is located in the City of Huntington Beach. The Project consists of repairs to the Huntington Beach Channel and Talbert Channel, which are designated as Orange County Flood Control District (OCFCD) Facilities No. D01 and D02, respectively. The Project limits of D01 extend from the confluence with D02 to downstream of Adams Avenue (approximately 3.1 miles) and D02 from upstream of Brookhurst Street to downstream of Yorktown Avenue (approximately 3.0 miles) as shown in Attachment E.


Both channel systems were previously improved to meet OCFCD design standards of providing flood protection for a 100-year storm event by installing steel sheet piles and widening the channels to increase the design capacity. The first phase of improvements was approved by the Board of Supervisors (Board) on April 20, 2004. Cathodic protection systems, which reduce corrosion of the metal surfaces, were installed for the majority of Huntington Beach and Talbert Channels as part of the original construction contract. On June 26, 2007, the Board awarded the construction contract for the final reach of Huntington Beach Channel from Indianapolis Avenue to Adams Avenue was completed in 2008.


On June 21, 2011, the Board approved a D01 and D02 improvement project to install new cathodic protection systems. These improvements were completed in December 2012. Despite the installation of the cathodic protection system and corrosion resistant steel sheet piles, the harsh marine environment has caused the steel sheet piles to experience elevated corrosion rates and has resulted in the steel sheet piles reaching their service life limit. Therefore, these facilities need replacement.


Repair and replacement of portions of the existing steel sheet pile channel walls is necessary to maintain the current level of flood protection for the adjacent residents and to maintain Federal Emergency Management Agency (FEMA) accreditation of the levees to avoid reintroduction of previously removed FEMA designated Special Flood Hazard Areas (SFHAs). Without FEMA levee accreditation, areas near the D01 and D02 systems could be remapped to reintroduce SFHAs that could result in the requirement for property owners to obtain mandatory flood insurance policies. The proposed Project will maintain the channels’ design capacity to convey flows from a 100-year storm, increase levee resilience and facilitate post-construction levee recertification to allow for continued levee accreditation by FEMA.


The Project is part of the 7-Year Capital Improvement Program (CIP) FY 2019-20 to FY 2025-26 adopted by the Board on April 23, 2019. Adoption of the CIP directed the focus of County of Orange (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. The CIP provides transparency for the public on how the County plans to utilize resources in order to deliver horizontal infrastructure over the next seven years.


The Project was procured utilizing the two-step Design-Build (DB) delivery method. On July 3, 2019, OC Public Works issued a Request for Qualifications for Design and Construction Services for the Project. During this first step, interested contractors submitted Statements of Qualifications (SOQs) demonstrating their capability and qualifications to successfully execute the resulting DB Project, including the initial Design Phase Services (Services) contract. Four contractors submitted SOQs. The four SOQs were evaluated and three contractors were short-listed. On September 6, 2019, a Request for Proposals was issued to the three short-listed contractors: Ames Construction Inc., Reyes Construction, Inc. and Shimmick Construction Company, Inc. (Respondents).


Three proposals were received and evaluated based upon predetermined criteria. The evaluation panel consisted of four personnel from OC Public Works and one independent engineering consultant. The Respondents were deemed qualified and invited to participate in oral interviews. The evaluation panel scored the three Respondents on both their written proposal and oral interview. Cost was objectively scored and added to the totals. The resulting rankings are as follows:



Lead Design Subcontractor


Reyes Construction, Inc.

GHD, Inc.


Ames Construction Inc.

AZTEC Engineering Group, Inc.


Shimmick Construction Company, Inc.

Michael Baker International, Inc.



The proposed Contract MA-080-20010602 (Contract) for Services in the form of a Guaranteed Maximum Price (GMP) has been negotiated with Reyes Construction, Inc. (Contractor) for the Project and is included as Attachment A.


OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with The Port of Los Angeles-Construction Division, City of Santa Monica and The Port of San Diego regarding similar projects. OC Public Works has verified there are no concerns that must be addressed with respect to Contractor's ownership/name, litigation status or conflicts with County interests.


OC Public Works is recommending that the Board award the Contract for Services for the Project to the Contractor for a GMP of $2,846,577, which also includes the County and the Contractor’s Project contingencies.


OC Public Works plans to negotiate a not-to-exceed GMP for Construction Phase Services with the Contractor in the Spring of 2020 and will return to the Board for approval of the GMP required to complete the Project.


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


OC Public Works is procuring Services for this Project under the 2019 Design and Construction Procurement Policy Manual, Section 5.5.


Compliance with CEQA: The 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 regarding a project since the action involves the approval of a contract for professional design 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.






Appropriations for the proposed GMP are included in the FY 2019-20 Budget for OC Flood Fund 400. The Project is budgeted and included in the CIP and is programmed for FY 2019-20 through FY 2020-21. OC Public Works plans to return to the Board for approval of the Construction Phase Services contract later this fiscal year.


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 its Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.











Attachment A - Contract MA-080-20010602 with Reyes Construction, Inc.
Attachment B - Contract Summary Form
Attachment C - Memorandum of Recommendation
Attachment D - Summary of Evaluators Scoring
Attachment E - Project Location Map