Agenda Item   



                                                                                                                        ASR Control  23-001066




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) 338-9521



Subject:  Award Construction Contract for Niguel Shores Restoration Phase I Revetment


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:   $1,455,900

Annual Cost: N/A




    Staffing Impact:


# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 405: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         6/6/2023 #11, 12/20/2022 #SCS3, 3/15/2016 #17, 10/6/2015 #CS1






Find that the Niguel Shores Restoration of Phase I Standard Revetment Project is categorically exempt CEQA, Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction), Class 4 (Minor Alterations to Land) and Class 8 (Actions by Regulatory Agencies for Protection of the Environment) pursuant to CEQA Guidelines Sections 15301, 15302, 15304 and 15308.



Award contract to Power Engineering Construction Company for the Niguel Shores Restoration of Phase I Standard Revetment Project, in the amount of $1,455,900 effective upon Board of Supervisors approval, to be completed within 95 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 Power Engineering Construction Company.







Award of the contract for the Niguel Shores Restoration of Phase I Standard Revetment Project will comply with the Settlement Agreement reached by the County of Orange and provide the necessary rehabilitation of the Niguel Shores Revetment.






The Niguel Shores Restoration of Phase I Standard Revetment Project (Project), located in Dana Point, California, aims to reconstruct an existing revetment originally constructed in the late 1960s. This revetment, located between Salt Creek Beach and Strand Beach, was designed to stabilize a slope near several homes. The Project involves reassembling existing boulders within the previously restored revetment area and repairing access ramps and stairs.


Historically, a landslide in 1977 and subsequent damage in 1977-78 prompted the Niguel Shores Community Association to take legal action in 1984 against Orange County Harbors, Beaches and Parks District (HBPD, since renamed OC Parks) and Avco Community Developers (Avco). This legal action centered on slope maintenance responsibilities pertaining to a 1971 agreement indicating Avco's construction commitments and HBPD's maintenance obligations.


In 1989, a settlement agreement was reached, mandating HBPD’s oversight of the revetment's design, construction and maintenance. Efforts to comply with this agreement, while adhering to California Coastal Commission (Commission) regulations, faced challenges, including the Commission’s 2012 permit denial due to expansion limitations.


A 2013 lawsuit by Breakers Isle homeowners against Niguel Shores Community Association and the County of Orange (County), further complicated matters, leading to a 2015 settlement agreement that tasked the County seeking Coastal Development Permit (CDP) approval, which was approved by the Board of Supervisors (Board) on October 6, 2015. On March 15, 2016, the Board approved a contract with TerraCosta Consulting Group for professional services related to the Project. On October 13, 2022, the Commission approved the CDP application. On December 20, 2022, the Board approved a technical amendment to the County's 2015 settlement agreement that incorporated a new, Commission-approved revetment repair plan. On June 6, 2023, the Board approved the Project as part of the 7-Year Capital Improvement Program.


On November 17, 2023, OC Public Works issued pre-qualification documents through the County online bidding system for the Project. Seven contractors responded and were pre-qualified and allowed to submit proposals in response to the County’s subsequent Invitation for Bid (IFB).


On December 5, 2023, OC Public Works issued an IFB to the pre-qualified contractors for the Project. Four bids were received and deemed responsive.


The following summarizes the responsive bids and provides a comparison against the Engineer’s Estimate (EE):



Base Bid



Gentry General Engineering, Inc


KEC Engineering


Matcon General Engineering Inc.


Power Engineering Construction Company





A full summary of the responsive bids received can be found in the Bid Summary as Attachment C.


The lowest responsive and responsible bid submitted by Power Engineering Construction Company (Contractor) for this Project is approximately 25.3 percent below the EE of $1,950,000. OC Public Works has reviewed the bid submitted by the Contractor and verified that the difference is not the result of errors or omissions in the estimate but is attributed to the competitive environment.


OC Public Works is procuring Construction Services (Services) for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 4. 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-012-24010359 (Contract) with the Contractor in the amount of $1,455,900, effective upon Board approval, to be completed within 95 calendar days of the effective date of the Notice to Proceed.


Pursuant to 2020 DCPM Section 6.10(2), upon award of the Contract by the Board, receipt and approval by OC Public Works of the Contractor’s bonds and insurance and on satisfaction of any other prerequisites to the Contractor’s performance, the Director of OC Public Works or designee will execute the Contract and the Project Manager will issue the Notice to Proceed, which begins the performance period of the Contract.


The Contractor’s license number was verified as current and active through the Contractors State License Board database as of December 18, 2023. A copy of the verification is on file. The Contractor is based in Alameda County.


An analysis was conducted to determine the benefit of contracting out versus providing Services in-house. Based on this analysis, OC Public Works has determined that contracting for Services is more cost effective and required for the specialized construction expertise.


OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with the San Francisco Public Utilities Commission, the City of Berkeley and the East Bay Regional Park District regarding similar projects.


This Contract includes subcontractors. See Attachment B for Contract Summary Form.


Compliance with CEQA: The proposed Project is Categorically Exempt (Class 1, 2, 4 and 8) from the provisions of CEQA pursuant to CEQA Guidelines Sections 15301, 15302, 15304 and 15308 because the reconstruction of the existing revetment and repair of the north and south access ramps and north stairs are repairs of the existing facilities that do not involve expansion of the existing use, are replacement or reconstruction as existing facilities on the same site and for the same purpose and capacity of the existing facilities, consist of minor alterations to public land and consist of actions taken by regulatory agencies, as authorized by state or local ordinance to assure the maintenance, restoration or enhancement of the environment where the regulatory process involves procedures for the protection of the environment.







Appropriations for this Contract are included in OC Parks Fund 405, FY 2023-24 Budget.


The proposed Contract includes a provision stating the County may at any time and without cause terminate the Contract, in whole or in part, upon not less than 30 days written notice to the Contractor and immediately for cause upon written notice to the Contractor without penalty to the County.










OC Community Resources/OC Parks




Attachment A - Contract MA-012-24010359 with Power Engineering Construction Company
Attachment B - Contract Summary Form
Attachment C - Bid Summary
Attachment D - Project Location Map