Agenda Item AGENDA STAFF REPORT ASR Control 23-000280
MEETING DATE:	04/25/23
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Brian Wayt (714) 647-1803
	David O'Connell (714) 935-6844

Subject: Retroactive Approval of Amendment Number Two On-Call A&E Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Pending Review

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $275,580

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 5/12/2015 #30

RECOMMENDED ACTION(S):

Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378, and is therefore not subject to review under CEQA.

Approve and execute retroactive Amendment Number Two to MA-080-17010903 with Leighton Consulting, Inc. to allow for completion of work already in progress on open task orders and increase the dollar amount by Three Hundred Thousand Dollars ($300,000) for a new not to exceed amount of Eight Hundred Thousand Dollars ($800,000) with no change in the scope of work.

SUMMARY:

Retroactive approval of Amendment Number Two to the On-Call Architect/Engineer (A-E) contract with Leighton Consulting, Inc. for Masonry Testing & Inspection Services will allow work to be completed on open task orders with an increase to the contract amount by $300,000.

BACKGROUND INFORMATION:

OC Public Works (OCPW) issued a Request for Qualifications (RFQ) for On-Call Design A-E Construction Testing and Inspection Services. The RFQ was advertised from September 8, 2014 through September 30, 2014. A total of 10 statements of qualifications were received for Masonry Testing and Inspection Services. On May 12, 2015, the Board of Supervisors (Board) authorized OCPW to negotiate contracts with top ranked vendors and on February 1, 2015, OCPW executed a contract with Leighton Consulting, Inc. (Leighton). Leighton’s initial contract was effective through January 31, 2022, with a maximum compensation of $500,000. On January 25, 2022, OCPW amended its contract with Leighton to extend the term for six (6) additional months until July 31, 2022 with no change to the maximum compensation.

On or about June 28, 2022 the Sheriff-Coroner’s Department (Sheriff) contacted OCPW to inquire if it could utilize Leighton’s services for proposed task orders. OCPW confirmed and on July 7, 2022 Sheriff authorized Leighton to begin work. This item is coming to the Board as a retroactive item due to an erroneous end date entered into the CAPS+ system. Sheriff notified OCPW about the error and now that it has been corrected by OCPW, Sheriff is asking for the Board to approve the item to correct any consequenses resulting from the error.

Sheriff now requests Board approval of Amendment Number Two to the Leighton Consulting, Inc. contract, which will retroactively amend the term of the contract to allow for the completion of work already in progress on open task orders (Attachment B) and increase the dollar amount by $300,000, to pay for said task orders, for a new not to exceed amount of $800,000, with no change in the scope of work.

Any new task orders for Leighton’s on call architectural services would be subject to the new On-Call A-E architectural services contracts procured by OCPW.

Compliance with CEQA: This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct or 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 is an award for on-call A-E contracts. 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:

The terms and conditions of Contract MA-080-17010903 are negotiated by OC Public Works. All outstanding task orders identified in Attachment B are for the benefit of the Sheriff-Coroner’s Department. Appropriations are included in the FY 2022-23 Budget for Budget Control 060, Sheriff-Coroner. This contract contains language allowing the Sheriff-Coroner Department to terminate the contract or reduce the level of services without penalty with cause or without cause in the event that funding is reduced and/or not available to continue funding the contract.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

Orange County Public Works

ATTACHMENT(S):

Attachment A – Amendment Number Two to Leighton Contract MA-080-17010903
Attachment B – A-E Open CTO's
Attachment C - Redline of Previous Amendment
Attachment D - Contract Summary Form