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Agenda Item
ASR
Control 22-000620 |
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MEETING DATE: |
08/09/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
3 |
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SUBMITTING
Agency/Department: |
OC Waste & Recycling (Approved) |
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Department contact
person(s): |
Tom Koutroulis, (714)834-4122 |
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Aimee Halligan, (714)834-4107 |
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Subject: Amendment One to Habitat
Mitigation Agreement for Frank R. Bowerman Landfill
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2023-24 $100,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/04/2012
#30 |
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RECOMMENDED ACTION(S):
Authorize the Director of Orange County Waste & Recycling or Deputized designee to execute Amendment Number One to the Agreement with the Irvine Ranch Conservancy, effective upon Board approval and execution of all necessary signatures, to extend the agreement through December 31, 2025, to modify the scope of management services and increase project budget in an amount not to exceed $220,000 for a revised cumulative total not to exceed $3,052,000.
SUMMARY:
Authorization to execute Amendment Number One with the Irvine Ranch Conservancy will extend the Agreement term, allowing additional time to achieve final Project performance standards set by regulatory permits and will increase funding needed for fire remediation costs.
BACKGROUND INFORMATION:
OC Waste & Recycling (OCWR) is responsible for managing the County’s solid waste disposal system including Central Region Landfills that consists of the active Frank R. Bowerman (FRB) Landfill and five
closed solid waste disposal sites. The FRB Landfill was opened in 1990 to meet the solid waste disposal needs of the central portion of Orange County.
On December 4, 2012, the Board of Supervisors (Board) approved a ten-year term Agreement MA-299-13011172 (Agreement) with the Irvine Ranch Conservancy (IRC) to restore and enhance habitat in the Agua Chinon Wash area of Limestone-Whiting Wilderness Park (Project) in an amount not to exceed $2,832,000. The Project is being implemented to meet compensatory mitigation obligations as required by federal and state regulations in connection with the FRB Landfill expansion and associated permits issued by the U.S. Army Corps of Engineers (ACOE), California Department of Fish & Wildlife (CDFW), and Region 8 of the Regional Water Quality Control Board (RWQCB) (collectively, “Resource Agencies”). Implementation and completion of this compensatory mitigation project maintains OCWR compliance with required permits from Resource Agencies and will allow for the continued development and expansion of the FRB Landfill.
On October 26, 2020, the Agua Chinon Wash area sustained major damage from the Silverado Fire, setting the Project back in terms of progress towards achieving final performance standards and Project completion. The Project had been on track to meet final performance standards as scheduled under the original contract until it was setback by fire damage. In response to fire damage, the ACOE required the preparation of, and adherence to, an Adaptive Management Plan (AMP) to address fire damage and ensure the Project is restored to meet final permit-established performance standards. An AMP was prepared outlining repairs, restoration activities, monitoring and maintenance needed to address the fire damage and was reviewed and accepted by the ACOE. The AMP identified that repairs necessitated approximately 2.5 additional years to meet the final permit-established performance standards and achieve Project completion. Additional cost and time for fire damage recovery in the Project area fall outside of the Agreement’s original scope of work and thus result in the need for additional funding in the amount of $220,000 to be used over the 2.5-year extended term from July 2023 to December 2025, as listed in the table below.
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Additional Annual Cost per this Amendment |
Cost Increase |
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Year 11 (July 2023 – June 2024)
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$100,000 |
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Year 12
(July 2024 – June 2025)
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$100,000 |
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Year 13
(July 2025 – December 2025)
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$20,000 |
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Total |
$220,000 |
The Contactor’s performance has been confirmed as at least satisfactory. OCWR has verified there are no concerns that must be addressed with respect to the Contractor’s ownership/name, litigation status or conflicts with County interest. This Contract does not currently include subcontractors or pass through to other providers. See Attachment C for the Contract Summary Form.
Compliance with CEQA: When originally approved by the Board on December 4, 2012, this project was previously determined to be a necessarily included element of the project considered in Final Environmental Impact Report (EIR) No. 604, certified by the Board of Supervisors on August 15, 2006, in combination with Addendum No. 604-4, certified by the Director of OC Waste & Recycling on September 16, 2010, which adequately addressed the effects of the proposed project. No substantial changes have been made in 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 which was not known or could not have been known when Final EIR No. 604, in combination with Addendum No. 604-4, were certified and the Mitigation Monitoring and Reporting program was adopted have become known; therefore, no further environmental review is required.
FINANCIAL IMPACT:
Appropriations for this Amendment will be included in OC Waste & Recycling, Fund 299, budgeting process for future years.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Redline Agreement MA-299-13011172
Attachment B - Agreement MA-299-13011172 Irvine Ranch Conservancy Amendment
Number One
Attachment C - Contract Summary Form