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Agenda Item
ASR
Control 23-000828 |
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MEETING
DATE: |
11/28/23 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Edward
Frondoso (714) 352-1118 |
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Kris
Ruiz (714) 955-0346 |
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Subject: Renew Contracts for Storm Drain and
Sewer Maintenance Inspection
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: $964,385 |
Annual Cost: FY 2024-25 $1,035,615 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/15/2020 #30 |
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RECOMMENDED
ACTION(S):
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1. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment No. 1
to the aggregate contract with Downstream Services, Inc. for Storm Drain,
Sewer Pipe Inspection and Maintenance Services, effective January 8, 2024,
through January 7, 2025, in an aggregate amount not to exceed $2,000,000, and
a cumulative aggregate total amount not to exceed $5,000,000, with the option
to renew for one additional one-year term upon Board of Supervisors approval. |
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2. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment No. 1
to the aggregate contract with Nor-Cal Pipeline Services for Storm Drain,
Sewer Pipe Inspection and Maintenance Services, effective January 5, 2024,
through January 4, 2025, in an aggregate amount not to exceed $2,000,000, and
a cumulative aggregate total amount not to exceed $5,000,000, with the option
to renew for one additional one-year term upon Board of Supervisors approval. |
SUMMARY:
Approval of Amendment No. 1 to
renew the aggregate contracts for Storm Drain, Sewer Pipe Inspection and
Maintenance Services will provide necessary resources for the County of Orange
and the Orange County Flood Control District to comply with federal and state
mandates and permit program requirements.
BACKGROUND
INFORMATION:
The County of Orange (County) and
the Orange County Flood Control District are required to inspect and document
all underground storm drain facilities to remain in compliance with the
National Pollution Discharge Elimination System and mandated Municipal Separate
Storm Sewer System permit program requirements. Additionally, the United States
Army Corps of Engineers has required that all storm drain laterals entering
County channels be systematically documented, inspected and repaired in order
for the levees to be certified under the National Flood Insurance Program. OC
Public Works maintains approximately 146 miles of underground storm drain and
380 miles of flood control channels.
On July 28, 2020, OC Public Works issued
an Invitation for Bid for Storm Drain, Sewer Pipe Inspection and Maintenance
Services (Services) on the County online bidding system. Two bids were received
and evaluated. The lowest responsive, responsible bidders, Downstream Services,
Inc. and Nor-Cal Pipeline Services (Contractors) were deemed qualified to
perform the needed Services.
On December 15, 2020, the Board of
Supervisors (Board) approved aggregate Contracts MA-080-21010437 (Contracts)
with the Contractors for a term of three years in an aggregate amount not to
exceed $3 million, with the option to renew for two additional one-year terms
upon Board approval. The contract with San Diego County-based Downstream
Services, Inc. is effective January 8, 2021, through January 7, 2024, and the
contract with Sacramento County-based Nor-Cal Pipeline Services is effective
January 5, 2021, through January 4, 2024.
OC Public Works is proposing to
continue procuring these Services in accordance with the 2021 Contract Policy
Manual Section 3.3-102. The Orange County Preference Policy was not applicable
when Services were solicited.
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Previous Request 1/5/2021 –
1/7/2024 |
Current Request 1/5/2024 –
1/7/2025 |
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Contractors |
Requested
Contract Amount |
Usage as of
9/25/2023 |
Contractors |
Requested
Contract Increase |
Anticipated Usage |
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2 |
$3 million* |
$1,814,984 |
2 |
$2 million |
$2 million |
* The previously approved amount does not roll
over to the renewal term. The current request will allow OC Public Works to
properly inspect County underground/confined-space road and flood facilities to
identify deficiencies.
OC Public Works is recommending the
Board approve Amendment No. 1 to renew the aggregate Contracts with the
Contractors for Services, in an aggregate amount not to exceed $2 million for a
cumulative aggregate total amount not to exceed $5 million with the option to
renew for one additional one-year term. 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.
An analysis was conducted to
determine the cost/benefit of contracting out versus providing Services
in-house. Based on this analysis, OC Public Works has determined that
contracting is required due to the specialized nature of the Services, which
require National Association of Sewer Services Companies, Pipeline Assessment
& Certification Program certification as well as specialized equipment,
machines and materials to complete underground inspections.
The Contracts do 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 December 15,
2020, when it was originally approved because the amendment to the Contract consists
of the repair and maintenance of existing public structures, facilities,
involving negligible or no expansion of existing or former use. The proposed
project is still consistent with this determination.
FINANCIAL
IMPACT:
Appropriations
for the aggregate Contracts are included in Fund 115, OC Road, and Fund 400, OC
Flood, FY 2023-24 Budget and will be included in the budgeting process for
future years.
The proposed aggregate Contracts include a
provision stating the Contracts are subject to, and contingent upon, applicable
budgetary appropriations being approved by the Board for each fiscal year
during the term of these Contracts. If such appropriations are not approved,
the Contracts may be immediately terminated without penalty to the County.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Amendment No. 1 to Contract MA-080-21010437 with Downstream Services, Inc.
Attachment B - Amendment No.1 to Contract MA-080-21010437 with Nor-Cal Pipeline
Services
Attachment C - Contract Summary Forms
Attachment D - Redline to Contract MA-080-21010437 with Downstream Services,
Inc.
Attachment E - Redline to Contract MA-080-21010437 with Nor-Cal Pipeline
Services