Agenda Item AGENDA STAFF REPORT ASR Control 21-000369
MEETING DATE:	08/24/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	4
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Tom Koutroulis (714) 834-4122

Subject: Approve Contract Change Order No. 2 for Olinda Landfill Carport Equipment Covers

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $20,077

Annual Cost: N/A

Staffing Impact:

No

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 299: 100%

County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Authorize the Director of OC Public Works or designee to execute Contract Change Order No. 2 with United Carports LLC for the Olinda Alpha Landfill Carport Equipment Covers Project in an amount not to exceed $20,077 for a revised cumulative contract total amount not to exceed $109,027.

SUMMARY:

Approval of Contract Change Order No. 2 for the Olinda Alpha Landfill Carport Equipment Covers Project will support the completion of the project and continued landfill operations and compliance with state and federal regulations at the Olinda Alpha Landfill by providing protection from the elements for landfill equipment and household hazardous waste materials.

BACKGROUND INFORMATION:

OC Waste & Recycling (OCWR) is responsible for managing the solid waste disposal system for the County of Orange (County), including North Region Landfills that consist of the active Olinda Alpha Landfill (OAL) and 10 closed solid waste disposal sites. OAL was opened in 1960 to meet the solid waste disposal needs of the north portion of Orange County.

The OAL Carport Equipment Covers Project (Project) is comprised of seven carport-type structures (Structures) in three areas. In the hazardous materials area, Structures will cover e-waste, recovered hazardous materials boxes and miscellaneous supplies. In the OCWR maintenance yard, two Structures will cover light equipment attachments. In the mechanic yard, two Structures will cover equipment fluid storage areas. The Structures will provide protection from the elements and reduce the amount of storm water needing to be pumped out of secondary containment areas.

On November 12, 2019, in accordance with the 2019 Design and Construction Procurement Policy Manual (DCPM), Section 4.4-102 (1), which authorizes public works contracts with a value of $200,000 or less to be procured using informal bidding procedures, as a result of an Invitation for Bids, United Carports LLC (Contractor) was determined to be the lowest, and only, responsible bidder and was notified of intent to award Contract MA-299-20010858 (Contract) to construct the Project.

On February 24, 2020, in accordance with the 2019 DCPM, Section 4.4-102 (3), which authorized the Director of OC Public Works to issue public works contracts with a value of $200,000 or less, the OC Public Works Director’s designee executed the Contract with the Contractor in an amount not to exceed $88,950, to be completed within 120 calendar days of the effective date of the Notice to Proceed.

The estimated construction start date was postponed due to unanticipated permitting requirements and COVID-19 related delays. On May 11, 2021, in accordance with the 2019 DCPM, Section 4.5 (4), the OC Public Works Director’s designee executed Contract Change Order (CCO) No. 1 to extend the Contract term to September 10, 2021, to account for these delays. During that time, fluctuations in the steel market caused the cost of steel to rise by over 60 percent. Steel prices are at an all-time high due to a steep increase in the prices of raw materials as well as to the strong growth in steel demands as markets recover from a year-long slowdown due to COVID-19 and disruptions to the supply chain. As a result, the Contractor requested CCO No. 2 for a cost increase due to a rise in material costs as well as delay-related overhead and insurance. As the delays were not due to the Contractor, the Contractor is warranted a cost and time increase.

Original Contract Amount	$88,950
CCO No. 1	No contract cost increase
CCO No. 2	$20,077
Revised Contract Total	$109,027

OC Public Works is procuring the proposed CCO No. 2 for the Project in accordance with the 2020 DCPM, Section 4.5 (2). The Orange County Preference Policy is not applicable to this CCO.

OC Public Works is recommending the Board of Supervisors (Board) approve CCO Order No. 2 in an amount not to exceed $20,077 for a revised cumulative Contract total amount not to exceed $109,027.

OC Public Works has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.

Compliance with CEQA: The proposed Project was previously determined to be Categorically Exempt (Class 1) from CEQA pursuant to Section 15301 (Class 1), Section 15303 (Class 3) and Section 15311 (Class 11) of the CEQA Guidelines on April 28, 2021, when it was originally approved by the Director of OCWR. CEQA Guidelines Section 15301 provides for the exemption of the Project because it consists of the operation, repair, maintenance, permitting, leasing or minor alteration of existing public or private structures and facilities and involves negligible or no expansion of existing or former use beyond that existing at the time of the lead agency’s determination, including additions to existing structures. CEQA Guidelines Section 15303 also provides for the exemption of the Project because it consists of construction and location of limited numbers of new, small facilities or structures including accessory structures such as carports. CEQA Guidelines Section 15311 also provides for the exemption of the Project because it consists of the construction of minor structures accessory to existing facilities. The approval of the CCO for the addition of carports-type structures for the protection of equipment areas at the OAL is consistent with a Class 1, Class 3 and Class 11 Categorical Exemption determination.

FINANCIAL IMPACT:

Appropriations for CCO No. 2 are included in the FY 2021-22 Budget for OCWR Enterprise Fund 299 for contingency.

The Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Waste & Recycling

ATTACHMENT(S):

Attachment A – Contract Change Order No. 2 to Contract MA-299-20010858 with United Carports LLC
Attachment B – Contract Change Order No. 1 to Contract MA-299-20010858 with United Carports LLC
Attachment C – Contract MA-299-20010858 with United Carports LLC
Attachment D – Project Location Map