Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000789

 

MEETING DATE:

12/03/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Amanda Carr (714) 955-0601 

 

 

Stuart Goong (714) 955-0656

 

 

Subject:  Renew Contracts for Water Quality Analytical 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:   $713,836

Annual Cost: FY 2025-26 $1,350,000
FY 2026-27 $636,164

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     See Financial Impact Section

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         11/16/2021 #25

 

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.

 

Board Date

Board Action

Contractor

Amount

Effective Date

End Date

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:

 

Cities

75.9%

OC Watershed, Budget Control 034

4.7%

OC Road, Fund 115

4.7%

OC Flood, Fund 400

10%

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