AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000586
MEETING DATE:	08/24/21
legal entity taking action:	Board of Supervisors and Orange County Flood Control District
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Amanda Carr (714) 955-0601
	Anthony Lee (714) 955-0112

Subject: Approve Amendment No. 1 to Contract for Herbicide Application Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $456,247

Annual Cost: FY 2022-23 $153,753

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 400: 100%	County Audit in last 3 years: No

Prior Board Action: 8/14/2018 #17

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or authorized Deputy to execute Amendment No. 1 to the aggregate contract with Habitat Restoration Sciences, Inc. and Quality Sprayers, Inc. for Herbicide Application Services, effective October 1, 2021, through September 30, 2022, in an aggregate amount not to exceed $610,000, for a total cumulative amount not to exceed $2,440,000, with the option to renew for one additional one-year term.

SUMMARY:

Approval of Amendment No. 1 to the aggregate contract for Herbicide Application Services will support various vegetation control activities at Orange County Flood Control District facilities and compensatory mitigation sites throughout the County of Orange and will also support maintenance of flood control capacity and regulatory permit compliance.

BACKGROUND INFORMATION:

The OC Public Works Vegetation and Pest Control Unit provides a wide range of maintenance services for the 380 miles of County of Orange (County) flood control channels, four dams, seven pump stations, maintenance roads and retention basins. To maintain these flood control facilities in a storm-ready condition and in order to enhance the habitat in compensatory mitigation sites, a Vegetation Control Program (Program) has been established.

The Program consists of controlling native and non-native vegetation species in flood control facilities, including aquatic herbicide applications and removing undesirable vegetation in mitigation sites. The Integrated Pest Management Program and Best Management Practices consider all alternatives and methods available for vegetation control before proceeding with herbicide applications. Herbicide Application Services (Services) are needed due to the quantity of mitigation sites, complexity of regulatory permit requirements and the need for continuity of annual weed control maintenance in all of the flood control facilities.

On May 3, 2018, OC Public Works issued an Invitation for Bid (IFB) for Services through the County online bidding system. The Orange County Preference Policy was not in effect when this IFB was issued and was not incorporated into this solicitation.

Prior Board of Supervisors (Board) action is summarized in the table below.

Board Date	Board Action	Contractors	Amount	Effective Date	End Date
8/14/2018	Approve initial contract	Habitat Restoration Sciences, Inc. and Quality Sprayers, Inc.	$1.83 million	10/1/2018	9/30/2021

OC Public Works is procuring these Services in accordance with the 2021 Contract Policy Manual Section 3.3.102.

Previous Request

October 1, 2018 – September 30, 2021

Current Request

October 1, 2021 – September 30, 2022

Contractors

Requested Contract Amount

Usage as of June 30, 2021

Contractors

Requested Contract Amount

Anticipated

Usage

$1.83 million

$927,828

$610,000

$500,000

OC Public Works is recommending Board approval of Amendment No. 1 to renew aggregate Contract MA-080-18012021 (Contract) with Habitat Restoration Sciences, Inc. and Quality Sprayers, Inc. (Contractors) for Services, effective October 1, 2021, through September 30, 2022, in an aggregate amount not to exceed $610,000, for a revised cumulative contract total amount not to exceed $2.44 million, with the option to renew for one additional one-year term upon Board approval. The work is assigned to whichever contractor is available and, depending upon the request, work can be assigned to both contractors at the same time.

The Contractors’ respective performances have been confirmed as satisfactory. OC Public Works has verified there are no concerns that must be addressed with respect to Contractors’ ownerships/names, litigation status or conflicts with County interests.

This Contract does not currently include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.

Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from CEQA pursuant to Section 15301 (Class 1) of the CEQA Guidelines on August 14, 2018, when it was originally approved. CEQA Guidelines Section 15301 provides for the exemption of the maintenance of existing facilities and CEQA Guidelines Sections 15250 and 15251(i) provides for the exemption of certified state programs for work performed in compliance with the pesticide regulatory program administered by the Department of Pesticide Regulation and County Agricultural Commissioners.

FINANCIAL IMPACT:

Appropriations for the Contract are included in the FY 2021-22 Budget for OC Flood, Fund 400, and will be included in the budgeting 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

ATTACHMENT(S):

Attachment A - Amendment No. 1 to Contract MA-080-18012021 with Habitat Restoration Sciences, Inc.
Attachment B - Amendment No. 1 to Contract MA-080-18012021 with Quality Sprayers, Inc.
Attachment C - Contract Summary Form
Attachment D - Redline to Contract MA-080-18012021 with Habitat Restoration Sciences, Inc.
Attachment E - Redline to Contract MA-080-18012021 with Quality Sprayers, Inc.