Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  09-002207

 

MEETING DATE:

02/09/10

legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):

3

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Nadeem Majaj (714) 667-3220 

 

 

Lance Natsuhara (714) 834-5398

 

 

Subject:  Santa Ana River Interceptor Line Consulting Services

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $2,850,000

Annual Cost: FY 2011-12 - $2,962,660.83
FY 2012-13 - $2,962,660.83
FY 2013-14 - $263,347.64
FY 2014-15 - $197,510.72
FY 2015-16 - $197,510.72

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

    Funding Source: Fund 404: 100%

 

    Prior Board Action: February 5, 2008; January 13, 2009; and October 6, 2009

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Amendment No. 1 to Agreement D08-103 (Amendment), between the Orange County Flood Control District (OCFCD) and Tetra Tech, Incorporated (Tetra Tech) to provide professional engineering and consulting services in an additional amount of $2,746,328 for a revised total contract sum not to exceed $12,803,328.

 

2.

Approve Architect-Engineer Agreement No. D09-122 (Agreement) with MWH Americas, Incorporated (MWH) for construction management support services in an amount not to exceed $6,687,362.74 for a six-year term.

 

3.

Authorize the Chair of the Board to execute both the Amendment and Agreement.

 

 

 

 

 

 

SUMMARY:

 

Approval of Amendment with Tetra Tech, Inc., and Agreement with MWH Americas, Inc. will provide for additional design services in the amount of $2,746,328 to be performed by Tetra Tech, Inc. and construction management support services in the amount of $6,687,362.74 to be performed by MWH in support of relocating the Santa Ana River Interceptor (SARI) Line as part of the Santa Ana River Mainstem Project.

 

 

 

BACKGROUND INFORMATION:

 

The Santa Ana River Interceptor (SARI) Line is a regional sanitary sewer line that conveys raw sewage and brine (wastewater from agriculture, commercial and other sources) from the Inland Empire and Orange County to the Orange County Sanitation District (OCSD) treatment plant in Fountain Valley. 

 

Constructed as a joint project of OCSD and the Santa Ana Watershed Project Authority (SAWPA) in the early 1970s, the SARI Line was originally buried about 20 feet below the river bed.  Over time, the soil cover over the SARI Line, specifically the reach between Weir Canyon Road and Prado Dam, has diminished exposing the pipeline at several locations requiring costly annual emergency repairs.  A recently completed feature of the Santa Ana River Mainstem Project (SARMP) is the raising of Prado Dam, which enables increased dam releases up to three times its current maximum capacity.  Additional erosion impacts from planned higher Prado Dam releases will further imperil the SARI Line risking public health and causing environmental impacts and costly cleanup and repair work.

 

The pipeline relocation begins at the Green River Golf Club property at the existing metering station and will cross the golf course as the pipe alignment continues to the south bank of the river.  The remainder of the alignment will continue along the south bank of the river to SAVI Ranch near Weir Canyon Road. 

 

Amendment No. 1 to Agreement D08-103

On January 13, 2009, your Board approved Agreement D08-103 with Tetra Tech for six years in the amount of $9,957,000 and authorized completion of preliminary design. At the discretion of the OC Public Works Director, the Agreement allowed for extra work up to $100,000 for a total not to exceed amount of $10,057,000.  Subsequently, on October 6, 2009, your Board, certified the Final SEIS/EIR and authorized final design and directed staff to take necessary actions towards its construction.

 

During the preliminary design phase, additional engineering and consulting services were determined to be needed to develop a more economically feasible design.  A value engineering study performed by an independent third party consultant confirmed the need for changes to the proposed project alignment in order to reduce construction costs.  Approval of this Amendment will provide additional resources to incorporate cost savings features and to complete the design. 

 

This Amendment increases the total contract amount by $2,746,328, an increase of approximately 27%.  Services provided by this Amendment are expected to refine the engineering to address unanticipated construction challenges, such as high groundwater and unfavorable soil conditions discovered during the recently completed preliminary design phase.  An updated fee schedule labeled Exhibit B-1 is included as part of Amendment No. 1.  The rates and classifications, however, remain the same as originally stated in Agreement D08-103.

 

In addition, approval of this Amendment relieves Tetra Tech of the requirement that the aggregate value of the contract performed by subconsultants not constitute more than 49% of the total contract amount.  A significant amount of the additional engineering and consulting services are required to be performed by subconsultants due to the specialized nature of the services, including complex metering station and siphon design and geotechnical engineering support.

 

Services provided by this Amendment will fill a critical need and include development of a shallow profile alignment, geotechnical support, CEQA support, metering station, and special bank stabilization designs.  Due to the essential nature of these services, OC Public Works recommends increasing the scope of services for Tetra Tech to provide continuity of engineering services throughout the design process. 

 

Agreement D09-122

On February 5, 2008, your Board directed OC Public Works to bifurcate the SARI Line Project consulting services with separate contracts would be awarded for performance of the design and construction management support services.  Your Board selected Tetra Tech as the primary consultant for design services and MWH for construction management support services.  In order to expedite the relocation of the SARI Line, OC Public Works recommends Agreement D09-122 with MWH.  The contract amount for this Agreement is $6,598,874 and the term is for six years from the date of your Board's approval.  The six-year term of this contract is consistent with the guidelines contained in the County's Contract Policy Manual, which state that the term of Architect-Engineer agreements related to a specific project shall be based upon a reasonable estimate of time required for the project.  At the discretion of the OC Public Works Director, the Agreement allows for extra work up to $88,488.74 for a total not to exceed amount of $6,687,362.74.  A summary of contract costs is provided below.

 

Task

          Fee

Final Design Construction Management Support Services

   $      40,504

Construction Administrative and Management Services

6,470,642

Commissioning Services

55,872

Closeout

1,856

Reimbursables

30,000

Subtotal

$6,598,874

Potential Extra Work

$88,488.74

Total

$6,687,362.74

 

Compliance with CEQA:  The SARI Line Project is covered by Final Supplemental Environmental Impact Statement/Environmental Impact Report (SEIS/EIR) IP 03-226, which was certified by the Board on October 6, 2009.  The Board selected Alternative OC 3B, Orange County Relocate to the South (Shallow Alternative), and certified that the Final SEIS/EIR together with the CEQA Findings, Facts in Support of Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program is adequate for the SARI Line Project.

 

 

 

FINANCIAL IMPACT:

 

The original total estimated cost for the SARI Line Project was $100 million.  Per Agreements D07-042 and D07-043, OCSD and SAWPA have committed to provide no interest loans to OCFCD for up to a total of $70 million for construction to accelerate the SARI Line project. Per the agreements, OCFCD is to pay up to $30 million for all preliminary design and final design costs, including total contract services under Amendment and Agreement in the amount of $19,490,690.74 ($12,803,328 + $6,687,362.74) which includes potential extra work, as well as a portion of construction costs.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

EXHIBIT(S):

 

Exhibit A - Strikethrough/Highlight Version of Agreement D08-103

 

ATTACHMENT(S):

 

Attachment A - Amendment No. 1 to Agreement D08-103 (Includes Exhibits A-1 and B-1)
Attachment B - Agreement No. D09-122 (includes Exhibits A thru E)