AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000558
MEETING DATE:	08/24/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Tom Koutroulis (714) 834-4122

Subject: Award Contract for Zone 4 Habitat Mitigation Project at Prima Deshecha Landfill

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $1,290,895

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 273: 100%	County Audit in last 3 years: No

Prior Board Action: 11/6/2001 #56

RECOMMENDED ACTION(S):

Award construction contract to Sukut Construction, LLC for Zone 4 Habitat Mitigation Project at Prima Deshecha Landfill in the amount of $1,290,895, effective August 24, 2021, to be completed within 210 calendar days of the effective date of the Notice to Proceed.

Authorize the Director of OC Public Works or designee to execute the construction contract with Sukut Construction, LLC.

Authorize return of bid guarantees to all bidders upon execution of the construction contract.

SUMMARY:

Award of the construction contract for the Zone 4 Habitat Mitigation Project at Prima Deshecha Landfill will support continued landfill operations and compliance with local, state and federal regulatory requirements and is necessary to ensure long-term solid waste disposal capacity for Orange County residents by providing compensatory habitat mitigation for the future expansion of the Prima Deshecha Landfill.

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.

The Zone 4 Habitat Mitigation Project at Prima Deshecha Landfill (Project) will support continued operations and compliance with state and federal regulations for long term disposal at the Landfill. Specifically, the Project will provide for the installation of on-site habitat mitigation to meet the requirements of Clean Water Act Section 401 water quality certification issued by Region 9 of the Regional Water Quality Control Board for the future expansion of the Landfill. The Project consists of mobilization, clearing and grubbing, earthwork, miscellaneous civil and drainage improvement and final erosion control improvements required for mitigation installation.

On April 27, 2021, OC Public Works issued Pre-Qualification documents through the County online bidding system. A total of 12 contractors responded and were pre-qualified and allowed to submit proposals in response to the County’s subsequent Invitation for Bid (IFB).

On May 14, 2021, OC Public Works issued an IFB to the pre-qualified contractors for the Project. Six bids were received and all were deemed responsive.

The following summarizes the responsive bids received and provides a comparison against the Engineer's Estimate (EE):

	Base Bid
Engineer’s Estimate	$1,461,350
Sukut Construction, LLC	$1,290,895
Los Angeles Engineering, Inc.	$1,422,895
Zusser Company, Inc.	$1,578,300
Hanford Applied Restoration & Conservation	$1,842,525
IO Environmental and Infrastructure	$1,875,585
Habitat Restoration Sciences, Inc.	$2,097,190

A full summary of the responsive bids received can be found in the Bid Summary as Attachment B.

The lowest responsive and responsible bid that was submitted by Sukut Construction, LLC (Contractor) for the Project is approximately 13.2 percent below the EE of $1,461,350. OC Public Works has reviewed the bid submitted by the Contractor and verified that the difference is not the result of errors or omissions in the estimate but is attributed to the competitive environment as 12 contractors attended the pre-bid meeting.

OC Public Works is procuring construction services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual, Section 4.4-102. The Orange County Preference Policy is not applicable to this contract award.

OC Public Works is recommending the Board of Supervisors (Board) approve Contract MA-299-21011700 (Contract) with the Contractor in the amount of $1,290,895, effective August 24, 2021, to be completed within 210 calendar days of the effective date of the Notice to Proceed.

The Contractor's license number was verified as current and active through the California Contractors State License Board database on June 3, 2021. A copy of the verification is on file.

OC Public Works conducted due diligence on the Contractor. Reference checks were satisfactory and completed with Republic Services, San Francisco Public Utilities Commission and Rancho Mission Viejo regarding similar projects. 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.

This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.

The Contract is coming to the Board less than 30 days before its commencement due to additional negotiation time required with the Contractor.

Compliance with CEQA: This Project is a necessarily included element of the Project considered in Final Environmental Impact Report (EIR) No. 575 for the Landfill General Development Plan, certified by the Board on November 6, 2001, in combination with Addendum No. 575-9, certified by the Director of OCWR on June 3, 2019, which adequately addressed the effects of the proposed Project. Together, Final EIR No. 575 and Addendum No 575-9 adequately address 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 that was not known or could not have been known when Final EIR No. 575 was certified or through the date of approval and adoption of Addendum No. 575-9 has become known. Therefore, no further environmental review is required. See Attachment E for Addendum No. 9 to Final EIR No. 575 and Final EIR No. 575 is on file with the Clerk of the Board.

FINANCIAL IMPACT:

Appropriations for this Contract are included in the FY 2021-22 Budget for OCWR Capital Project Fund 273.

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 MA-299-21011700 with Sukut Construction, LLC
Attachment B - Bid Summary
Attachment C - Contract Summary Form
Attachment D - Project Location Map
Attachment E - Addendum No. 9 to Final Environmental Impact Report 575