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Agenda Item
ASR
Control 24-000789 |
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MEETING
DATE: |
12/03/24 |
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legal entity taking action: |
Board
of Supervisors |
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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): |
Amanda
Carr (714) 955-0601 |
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Stuart
Goong (714) 955-0656 |
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Subject: Renew Contracts for Water Quality
Analytical Services
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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: $713,836 |
Annual Cost: FY 2025-26 $1,350,000 |
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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: 11/16/2021 #25 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute Amendment No. 1 to renew the aggregate
contracts with ALS Group USA, Corp., which will do business in California as
Columbia Analytical Services, Inc.; Enthalpy Analytical, LLC; Physis
Environmental Laboratories, Inc.; and Weck Analytical Environmental Services,
Inc. for Water Quality Analytical Services, effective December 20, 2024,
through December 19, 2026, in an aggregate amount not to exceed $2,700,000, for
a new cumulative total amount not to exceed $5,910,000.
SUMMARY:
Approval of Amendment No. 1 to
renew the contracts for Water Quality Analytical Services will provide water
quality analytical services that will support regulatory compliance for various
County of Orange facilities.
BACKGROUND
INFORMATION:
Environmental monitoring is mandated by
the Santa Ana and San Diego Regional Water Quality Control Boards to comply
with stormwater permits, construction dewatering permits and total maximum
daily load requirements. In most cases, environmental monitoring is conducted
by the County of Orange (County) on behalf of the Orange County Flood Control
District and the 34 cities of Orange County (Permittees), which contribute the
majority of the funding for this effort.
Each year, approximately 9,000 water
samples are collected and analyzed for a wide variety of chemical constituents.
The monitoring requirements vary considerably and include routine programs,
seasonal and episodic events such as storm sampling, special studies and
emergency events such as chemical and oil spills. This inherent variability
dictates the Water Quality Analytical Services (Services) coverage is necessary
on an as-needed basis to satisfy requirements of various regulatory compliance
programs. Analyses are carried out by one or more state certified laboratories
capable of handling the high volume and variable workloads that involve
analyses of a wide range of chemical constituents. No single contractor can
provide the entire suite of specialty testing needed or process the large
quantity of samples quickly enough during peak monitoring events.
On July 28, 2021, OC Public Works issued
an Invitation for Bids for Services on the County online bidding system. Four
bids were received and deemed responsive. Prior Board of Supervisors (Board)
actions with regard to contracts for Services are summarized in the table
below.
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Board
Date |
Board
Action |
Contractor |
Amount |
Effective
Date |
End
Date |
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11/16/2021 |
Approved Contract MA-080-2010121
(Contracts) |
ALS Group USA, Corp., which will do
business in California as Columbia Analytical Services, Inc.; Enthalpy
Analytical, LLC; Physis Environmental Laboratories, Inc.; and Weck Analytical
Environmental Services, Inc. (Contractors) |
$3.21 million |
12/20/2021 |
12/19/2024 |
The Orange County Preference Policy (OCPP)
was applicable and incorporated when the solicitation for these Services was
issued. The proposal from Physis Environmental Laboratories, Inc. qualified for
the OCPP and a contract for this contractor was approved on November 16, 2021.
OC Public Works is procuring these
Services in accordance with the 2024 Contract Policy Manual Section 3.3-102.
OC Public Works is requesting Board
approval of Amendment No. 1 to renew the aggregate Contracts with the
Contractors for Services, effective December 20, 2024, through December 19,
2026, in an aggregate amount not to exceed $2.7 million, for a new cumulative
total amount not to exceed $5.91 million. Previously approved amounts do not
roll over to the renewal term. Work is proposed to be allocated between the
Contractors to meet the volume and expertise demands, as needed, to achieve
maximum efficiency, lowest County costs and minimal turnaround time for water
quality testing results. The proposed amendment does not expand the scope of
Services provided by the Contractors.
The Contractors' performances have been
confirmed as satisfactory. OC Public Works has verified there are no concerns
that must be addressed with respect to the 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 E for
information regarding subcontractors and the Contract Summary Forms.
The Contracts are being presented for
Board approval less than 30 days before their effective date due to
renegotiation of rates with one contractor.
Compliance
with CEQA: The
proposed project was previously determined to be Categorically Exempt from CEQA
pursuant to Section 15306 (Class 6) of the CEQA Guidelines, on November 16,
2021, when it was originally approved because it involves basic data
collection, research and resource evaluation and monitoring activities for
water quality improvement, which do not result in a serious or major
disturbance to any environmental resources. The proposed project is still
consistent with this determination.
FINANCIAL
IMPACT:
Appropriations and revenue for the
Contracts are included in the FY 2024-25 Budget for the following budget
control/funds and will be included in the budgeting process for future years.
Funding
for Services is shared among the 36 NPDES Permittees. OC Flood, Fund 400, will
provide 10 percent and the remainder will be divided proportionately among the
cities and the County Permittee based on land area and population. The
resulting shares are as follows:
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Cities |
75.9% |
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OC
Watershed, Budget Control 034 |
4.7% |
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OC
Road, Fund 115 |
4.7% |
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OC
Flood, Fund 400 |
10% |
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OC
Parks, Fund 405 |
4.7% |
The Contracts includes 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 the Contracts. If such appropriations are not approved, the Contracts may be
immediately terminated without penalty to the County.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OC
Community Resources/OC Parks
ATTACHMENT(S):
Attachment
A - Amendment No. 1 to Contract MA-080-22010121 with ALS Group USA, Corp. dba
Columbia Analytical Services, Inc.
Attachment B - Amendment No. 1 to Contract MA-080-22010121 with Enthalpy
Analytical, LLC
Attachment C - Amendment No. 1 to Contract MA-080-22010121 with Physis
Environmental Laboratories, Inc.
Attachment D - Amendment No. 1 to Contract MA-080-22010121 with Weck Analytical
Environmental Services, Inc.
Attachment E - Contract Summary Forms