Agenda Item AGENDA STAFF REPORT ASR Control 23-000972
MEETING DATE:	01/09/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Waste & Recycling (Approved)
Department contact person(s):	Tom Koutroulis (714) 834-4122
	Hany Ahmed (949) 728-3043

Subject: Amend Cost for Prima Fee Booth Relocation and Entrance Improvements Project

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $1,500,000

Annual Cost: FY23/24 $1,500,000

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: Fund 273: 100%	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 1/25/2022 #29, 11/2/2021 #17

RECOMMENDED ACTION(S):

Approve an increase to Guarantee Maximum Price to fund a negotiated Construction Phase Services Contract with Sukut Construction, LLC for the Prima Fee Booth Relocation and Entrance Improvements Project in the amount of $1,500,000.00, for a revised total cumulative amount not to exceed $24,000,000 effective upon execution of all necessary signatures.

Authorize the OC Waste & Recycling Director, per delegated authority from OC Public Works Director, to execute the Construction Phase Services Contract with Sukut Construction, LLC.

SUMMARY:

Approval to increase the Guaranteed Maximum Price to fund a negotiated Construction Phase Services Contract for the Prima Fee Booth Relocation and Entrance Improvements Project at Prima Deshecha Landfill, will continue to support landfill operations and maintain compliance with county, state, and federal regulations.

BACKGROUND INFORMATION:

OC Waste & Recycling (OCWR) is responsible for managing the County of Orange (County) solid waste disposal system, including South Region Landfills that consist of the active Prima Deshecha Landfill (Landfill) and five closed solid waste disposal sites. The Landfill, located in the unincorporated area south of the City of San Juan Capistrano, is owned by the County, operated by OCWR and was opened in 1976 to meet the solid waste disposal needs of the southern portion of Orange County.

On January 4, 2019, the South Coast Air Quality Management District (SCAQMD) adopted Rule 1118.1, Control of Emissions from Non-Refinery Flares, requiring reductions in landfill flare emissions, disqualifying the use of the existing flare as a primary means of landfill gas destruction at the Landfill. In April of 2019, the Solid Waste Facility Permit for the Landfill was extended by CalRecycle through FY 2102, extending the time that waste can be disposed of at the Landfill. The Prima Fee Booth Relocation and Entrance Improvements Project (Project) addresses the SCAQMD Rule 1118.1 mandate by including the installation of new low-emission flares for landfill gas destruction and expands Landfill traffic handling capacity, reducing queue lengths, times and safety needs for customers traveling within the site through FY 2102.

The Project supports continued operations and compliance with state and federal regulations for long-term disposal at the Landfill. Due to legislative constraints and to maximize best value from the alternative project delivery method, the Project is a composite of the Prima Fee Booth Replacement and Prima Flare Replacement projects. The Project includes mass grading and buttressing, paving, demolition, construction of two new fee booths, office and four new scales, replacement of existing fee booth and scale, solar power installation, utility relocations, landfill gas flare replacement/upgrade, and other minor improvements.

On November 2, 2021, the Board of Supervisors (Board) approved Contract MA-299-22010266 with Sukut Construction, LLC (Contractor) for design phase Construction Manager At-Risk services in an amount not to exceed $50,000 and authorized expenditure of funds in a Guaranteed Maximum Price (GMP) of $17 million to fund a negotiated Construction Phase Services (Services) contract with the Contractor for the Project.

On January 25, 2022, the Board approved Amendment 1 to Contract MA-299-22010266 with the Contractor and authorized an increase to the GMP to $22.5 million to fund an increase to the Project scope.

The proposed increase to the GMP for Services allows appropriate contingencies to the original scope due to volatile inflation, logistics and utility delivery impacts the project has experienced unpredictable cost increases across multiple disciplines and markets. Additionally, the project schedule has been impacted by the presence of biological resources during nesting season affecting scheduled activities.

OC Waste & Recycling Director, per delegated authority from OC Public Works Director, is recommending the Board approve an increase to the GMP for Services for the Project in the amount of $1.5 million for a revised total cumulative amount not to exceed $24 million, effective upon execution of all necessary signatures for a term of 365 calendar days from the effective date of the Notice to Proceed.

Compliance with CEQA: This Project is a necessarily included element of the Project considered in Final Environmental Impact Report (EIR) No. 575 and Final Supplemental Environmental Impact Report (SEIR) No. 597 for the Landfill General Development Plan, certified by the Board on November 6, 2001, and June 19, 2007, respectively, in combination with Addendum No. 575-11 and Addendum No. 575-12/597-3, certified by the Director of OCWR on February 18, 2021, and March 4, 2021, respectively. The circumstances of this Project are substantially the same as Final EIR No. 575 and Final SEIR No. 597, but changes or additions have been made as set forth in Addendum No. 575-11 and Addendum No. 575-12/597-3. Together, Final EIR No. 575, Final SEIR No. 597 and Addenda Nos. 575-11 and 575-12/597-3 adequately address the effects of the proposed Project. No substantial changes have been made to 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 that was not known or could not have been known when Final EIR No. 575 or Final SEIR No. 597 were certified and the Mitigation Monitoring and Reporting Program was adopted or through the date of approval and adoption of Addenda Nos. 575-11 and 575-12/597-3 has become known; therefore, no further environmental review is required. Addendum No. 11 to Final EIR No. 575 is included as Attachment C and Addendum No. 12 to Final EIR No. 575/Addendum No. 3 to Final SEIR No. 597 is included as Attachment D.

FINANCIAL IMPACT:

Appropriations for the Project’s contract including this increase to the Guarantee Maximum Price of the construction phase services contract are included in the FY 2023-24 Budget for OCWR Capital Project, Fund 273.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Contract MA-299-22010267 Sukut Construction, LLC Amendment No. 1
Attachment B – Project Location Map
Attachment C – Addendum No. 11 to Final EIR 575
Attachment D – Addendum No. 12 to Final EIR 575 / Addendum No. 3 to Final SEIR No. 597
Attachment E - Contract Summary Form
Attachment F - Redline Contract MA-299-22010267 Sukut Construction, LLC