AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000577
MEETING DATE:	08/24/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	3
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Tom Koutroulis (714) 834-4122

Subject: Approve Amendment for Design of Phase VIII-A Groundwater Protection & Stockpile

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $63,699

Annual Cost: FY 2022-23 $83,333
FY 2023-24 $83,333
FY 2024-25 $19,635

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: 9/25/2018 #25, 8/15/2006 #32

RECOMMENDED ACTION(S):

Authorize the Director of OC Public Works or designee to execute Amendment No. 1 to the contract with Tetra Tech BAS, Inc., for the Design of Phase VIII-A Groundwater Protection and Stockpile Locations at Frank R. Bowerman Landfill, effective September 25, 2021, through September 24, 2024, in an amount not to exceed $250,000, for a revised cumulative contract total amount not to exceed $2,250,000.

SUMMARY:

Approval of Amendment No. 1 to the contract for the Design of Phase VIII-A Groundwater Protection and Stockpile Locations at Frank R. Bowerman Landfill will support continued landfill operations and compliance with state and federal regulations.

BACKGROUND INFORMATION:

OC Waste & Recycling (OCWR) is responsible for managing the County of Orange (County) solid waste disposal system including Central Region Landfills that consist of the active Frank R. Bowerman Landfill (Landfill) and five closed solid waste disposal sites. The Landfill was opened in 1990 to meet the solid waste disposal needs of the central portion of the County.

In September 2002, a landslide unexpectedly occurred at the Landfill. OCWR immediately began revising the Master Development Plan (MDP) to address the effects of the landslide. The MDP for the Landfill designated seven major future landfill development phases: VII-A, VII-B, VIII-A, VIII-B, VIII-C, IX and X. Prior to refuse disposal, each phased development requires a composite liner underneath the refuse fill area for groundwater protection. Phases VII-A, VII-B, VIII-B and VIII-C have subsequently been lined and are the current active refuse fill areas. Based on current tonnage projections, the active refuse fill areas are anticipated to reach disposal capacity in 2024.

Design of Phase VIII-A refuse fill area is necessary to accommodate continued refuse fill operations and is anticipated to provide approximately 14 years of disposal capacity. In addition, the design is intended to address stabilizing the landslides in the area of Phase VIII-A. It is imperative that construction does not initiate major movement along any of the existing landslide planes as it could result in major additional costs to landfill development. The scope of services in the proposed contract include preparation of construction drawings, technical specifications, design calculations, geotechnical engineering, hydrology and hydrogeology, construction cost estimates and design support services during the construction at the Landfill. Due to the concerns involving potential landslide movement, more than one third of this design contract cost is dedicated to geotechnical investigation and analysis.

On April 11, 2018, OC Public Works issued a Request for Proposals for Design of Phase VIII-A Groundwater Protection and Stockpile Locations at Frank R. Bowerman Landfill (Project). Prior Board of Supervisors (Board) action is summarized in the table below.

Board Date	Board Action	Contractor	Amount	Effective Date	End Date
9/25/2018	Approve Contract	Tetra Tech BAS, Inc.	$2 million	9/25/2018	9/24/2021

Since the initiation of Contract MA-299-19010026 (Contract) on September 25, 2018, Tetra Tech BAS, Inc. (Contractor) has worked consistently with OCWR to address the design issues of the Project. During the design phase, it was discovered that a significant amount of purged ground water will need to be removed to stabilize the North Landslide Complex. Additional geotechnical investigation was required to design a means and method that would best address the ground water extraction for construction. The construction start date was also pushed back by a year and a half in order to allow for the Project to be most successful with limited working room for both a construction project and the efficient operation of the landfill. The size of the earthen stockpile that will be generated as a result of this Project has significant limiting factors on operations working area, so allowing for more working area was necessary before the stockpile can be started. The Project design was submitted to, and approved by, the Santa Ana Regional Water Quality Control Board. The Contractor has completed 100 percent of the design. Construction services are currently being solicited for bid. The anticipated Project completion date for the first phase of the Project, Phase VIII-A-1, is January 2024. The construction scheduled start date change necessitates this Contract be in place through the summer of 2024 due to Project close out, which is typically four to six months after construction completion. Construction of the second phase, Phase VIII-A2 is tentatively scheduled for 2026.

Approval of Amendment No. 1 to the Contract will increase the monetary limit of the current Contract allowing for reasonable funding available to provide support services that may arise during construction. It will also change the term limit of the Contract to allow it to be in effect through the completion of the Project.

Previous Request

September 25, 2018 – September 24, 2021

Current Request

September 25, 2021 – September 24, 2024

Contractor

Requested Contract

Amounts

Usage as of June 30, 2021

Contractor

Requested Contract Amounts

Anticipated

Usage

$2 million

$1,862,166

$250,000

OC Public Works is procuring these services in accordance with the 2020 Design and Construction Policy Manual, Section 3.3-108. The Orange County Preference Policy is not applicable to this Contract award.

OC Public Works is recommending Board approval of Amendment No. 1 to the Contract with the Contractor, effective September 25, 2021, through September 24, 2024, in an amount not to exceed $250,000, for a revised total cumulative amount not to exceed $2.25 million.

The Contractor’s performance has been confirmed as at least satisfactory. OC Public Works has verified that there are no concerns that must be addressed with respect to Contractor's ownership/name, litigation status, or conflicts with County interests.

The 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. 604 for the Regional Landfill Options for County Strategic Plan – Landfill Implementation, certified by the Board on August 15, 2006, 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 that was not known or could not have been known when Final EIR No. 604 was certified and the Mitigation Monitoring and Reporting Program was adopted has become known; therefore, no further environmental review is required. Final EIR No. 604 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 Enterprise, Fund 273, and will be included in the budget process for future years.

The proposed 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 – Amendment No. 1 to Contract MA-299-19010026 with Tetra Tech BAS, Inc.
Attachment B – Redline to Contract MA-299-19010026 with Tetra Tech BAS, Inc.
Attachment C – Contract Summary Form
Attachment D – Project Location Map