AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 21-000820
MEETING DATE:	10/05/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	1
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Joe Seybold (714) 667-4921

Subject: Approve Amendment No. 1 to Job Order Contract

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No

Prior Board Action: 3/24/2020 #35

RECOMMENDED ACTION(S):

Find that the project is categorically exempt from CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines Section 15301.

Authorize the Director of OC Public Works or designee to execute Amendment No. 1 to extend the Job Order Contract with Baker Electric, Inc. for Electrical Services, effective October 12, 2021, through January 11, 2022, with no increase to the total contract amount.

SUMMARY:

Approval of Amendment No. 1 to the Job Order Contract with Baker Electric, Inc. for Electrical Services for the Redundant Bus Project will replace the aging Automatic Transfer Switch and install redundant bus switchgear to allow service and maintenance and repair of the facility electrical service at the Data Center to be completed.

BACKGROUND INFORMATION:

On June 29, 2010, the Board of Supervisors (Board) approved the establishment of a Job Order Contract (JOC) program to expedite completion of repair and rehabilitation projects involving existing County of Orange (County) facilities and structures. The JOC program includes a competitive public works bidding process. Contractors bid on a price adjustment factor that is multiplied by pre-determined unit prices for materials, equipment and labor.

The purpose of the JOC program is to expedite services, as defined by the Contractors State License Board, for maintenance and repair work involving health, safety and mandated projects. These efforts include major and minor repairs and replacements, as requested by County departments. OC Public Works utilizes JOCs to provide services to multiple agencies on an as-needed basis. The work is assigned to whichever contractor is available and, depending upon the request, work can be assigned to multiple contractors at the same time.

The JOC program functions as an extension of the available workforce to maintain and repair County assets without incurring the full-time burden of employing individual companies and personnel. JOC contractors are not guaranteed or assured work, but respond to the needs of the County on an on-call basis. Depending on their current workload, these contractors have limited crews that may or may not be available to respond to the County’s needs. Therefore, it is prudent to have more than one on-call contractor available should other contractors on the list lack the capacity to respond. Task Orders for the physical work for JOC contracts are generated as a result of various events. The following events are examples that could potentially generate Task Orders for JOC contracts:

a.	Unplanned emergency repair or replacement necessitated by a failure of existing equipment and/or physical failure of a facility component.
b.	Planned maintenance and/or repair/replacement of existing structure component or equipment.
c.	Unforeseen events (burst pipes, earthquake, fire, flooding, pandemic, etc.) that necessitate repair/replacement/rehabilitation of a County asset.
d.	Planned or unplanned usage of County JOC contract by one of the County Agencies/Departments to solve operational issues in a County-owned asset/building.

The current JOC for Electric Services was approved by the Board on March 24, 2020, effective April 12, 2020, and expired on April 11, 2021. The JOC contract included a provision stating that JOC work can continue for six months after contract expiration so long as the work was ordered prior to the expiration of the contract term. Baker Electric, Inc. (Contractor) has been working on the Redundant Bus Project (Project) for the past 18 months. A further three-month extension beyond the six-month extension ending on October 11, 2021, is needed to allow for completion of the Project that has been hindered by long lead electrical equipment delays attributed to COVID-19 related issues. Electrical components availability within critical electrical equipment and assemblies have hindered manufacturing and product delivery along with delivery logistical delays once products are completed. Critical Switchgear, Busway and component delivery dates have extended into mid-September requiring additional coordinated Southern California Edison utility outages to be pushed into mid-November.

OC Public Works is procuring these Services in accordance with the 2020 Design and Construction Policy Manual, Section 5.7. The Orange County Preference Policy is not applicable to this contract amendment.

OC Public Works is recommending Board approval of Amendment No. 1 to JOC Contract MA-080-20011017 with the Contractor to extend the terms for an additional three months effective October 12, 2021, through January 11, 2022, with no increase to the total contract amount.

The Contractor’s performance has been confirmed as at least satisfactory. Additionally, 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 does not include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.

Compliance with CEQA: The proposed Project is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301, because Amendment No. 1 entails repair and maintenance of existing County facilities and structures, specific to replacement of aging Automatic Transfer Switch and installing redundant bus switchgear to allow service and maintenance of the facility electrical service at the Data Center.

FINANCIAL IMPACT:

There is no Financial Impact associated with this Agenda Staff Report.

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

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A – Amendment No. 1 to Contract MA-080-20011017 with Baker Electric, Inc.
Attachment B – Redline of Contract MA-080-20011017
Attachment C – Contract Summary Form