AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 22-000678
MEETING DATE:	09/13/22
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):	Edward Frondoso (714) 245-4596
	Alex Ortega (7141) 955-0342

Subject: Approve Amendment No. 1 to Contract for Rental Haul Trucks with Operator

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $741,926

Annual Cost: FY 2023-24 $158,074

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 115: 20%, Fund 400: 80%	County Audit in last 3 years: No

Prior Board Action: 7/28/2020 #32

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or Deputized designee to execute Amendment No. 1 to the aggregate contract with Disney’s Happiest Home, LLC and Addison-Miller Inc. for Rental Haul Trucks with Operator, effective September 13, 2022, through August 31, 2023, to increase the aggregate amount not to exceed by $900,000, for an aggregate cumulative total amount not to exceed $9,900,000.

SUMMARY:

Approval of Amendment No. 1 to amend the aggregate contract for Rental Haul Trucks with Operator will allow OC Public Works to haul material and provide equipment support for planned projects, specialized projects and emergency projects.

BACKGROUND INFORMATION:

OC Public Works requires the use of on-call haul trucks with operators to augment County of Orange (County) resources in hauling operations. Materials such as quarry rock and fill dirt are transported to various locations throughout the County and used to repair flood control channels and County roads. Due to the large number of trucks and differing types and sizes of trucks that may be needed, OC Public Works utilizes contractors to maximize availability of resources and equipment on an as-needed basis.

On March 31, 2020, OC Public Works issued an Invitation for Bids for Rental Haul Trucks with Operator (Services). Prior Board of Supervisors (Board) action is summarized in the table below.

Board Date	Board Action	Contractor	Amount	Effective Date	End Date
7/28/2020	Approved aggregate Contract MA-080-20011853 (Contract)	Disney’s Happiest Home, LLC and Addison-Miller Inc. (Contractors)	$9 million	9/1/2020	8/ 31/2023

OC Public Works is proposing to continue procurement of these Services in accordance with the 2021 Contract Policy Manual Section 3.3-102.

The Orange County Preference Policy (OCPP) was applicable and incorporated when Services were solicited in March 2020. One OCPP qualified bid was submitted. Contracts were awarded to the two lowest bidders, which include the OCPP qualified vendor Disney's Happiest Home.

Previous Request

9/1/2020 - 8/31/2023

Current Request

9/13/2022 - 8/31/2023

Contractors

Requested Contract Amount

Usage as of 7/28/2022

Contractors

Requested

Contract Increase

Anticipated

Usage

$9 million

$4.9 million*

$900,000

* Contract usage explained below

OC Public Works is recommending the Board approve Amendment No. 1 to the aggregate Contract with the Contractors for Services, effective September 13, 2022, through August 31, 2023, to increase the aggregate amount not to exceed by $900,000, for an aggregate cumulative total amount not to exceed $9.9 million. The increase to the Contract amount is needed to cover increased workload projected for FY 2022-23 as it is anticipated that more than 95 percent of the existing Contract amount will be utilized by the end of the current fiscal year.

The increase to the Contract capacity will allow OC Public Works to respond to unforeseen circumstances, such as flood, fires, earthquakes and other natural disasters. The haul trucks with operators are a vital part in helping repair Orange County Flood Control Channels and roads. For the past seven months, Operations & Maintenance has utilized 15-16 haul trucks with operators per day at various job sites throughout the flood control channels and roads locations. Due to recent increases to fuel costs and Operations & Maintenance planning to increase utilization to 20 haul trucks with operator per day, a contract capacity increase is necessary.

The option to renew for two additional one-year terms upon Board approval remains unchanged. The work will be assigned to whichever Contractor is available and, depending upon the request, work can be assigned to multiple 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.

The Contracts do not currently include subcontractors or pass through to other providers. See Attachment C for the Contract Summary Forms.

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it is an approval of a Contract for Services that will allow OC Public Works to haul material and provide equipment support planned projects. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

FINANCIAL IMPACT:

Appropriations for the Contract are included in the FY 2022-23 Budget for OC Road, Fund 115, and OC Flood, Fund 400, and will be included in the budgeting process for future years. The resulting shares are as follows:

OC Road, Fund 115	20%
OC Flood, Fund 400	80%

OC Road, Fund 115, and OC Flood, Fund 400, may be reimbursed with funds received from the Federal Emergency Management Agency and California Emergency Management Agency for all eligible emergency response and recovery projects that use the Contract services for hauling materials.

The Contract includes a provision stating the County has the right to immediately terminate the Contract without penalty for cause or after 30 days' written notice without cause.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Contract MA-080-20011853 with Disney’s Happiest Home, LLC
Attachment B - Contract MA-080-20011853 with Addison-Miller Inc.
Attachment C - Contract Summary Forms
Attachment D - Redline to Contract MA-080-20011853 with Disney’s Happiest Home, LLC
Attachment E - Redline to Contract MA-080-20011853 with Addison-Miller Inc.