Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  20-001141

 

MEETING DATE:

01/26/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2, 3, 4

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Tom Koutroulis (714) 834-4122 

 

 

David Tieu (949) 551-7102

 

 

Subject:  Approve Amendment for Native Plant Habitat Management and Landscape Maintenance

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $500,000

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 299: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 06/02/2020 #45; 05/21/2019 #62, 07/11/2017 #31

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or authorized Deputy to execute Contract Amendment Number Four with Helix Environmental Construction Group, Inc. to increase contract funds in the amount of $500,000, for a revised cumulative contract total not to exceed $3,200,000, effective upon Board of Supervisors’ approval and execution of all necessary signatures, for the term of July 15, 2020, through July 14, 2021, to remediate significant damages to the Native Plant Habitat and Landscape at the Frank R. Bowerman Landfill sustained in the Silverado Fire.

 

 

 

 

 

SUMMARY:

 

Approval of Amendment Number Four to Contract with Helix Environmental Construction Group, Inc. will allow OC Waste & Recycling to remediate significant damages to the Native Plant Habitat and Landscape at the Frank R. Bowerman Landfill sustained in the Silverado Fire and will support continued landfill operations and compliance with state and federal regulations.

 

 

 

 

BACKGROUND INFORMATION:

 

OC Waste & Recycling (OCWR) is responsible for managing the County’s solid waste disposal system including Central and North Region Landfills. Central Region Landfills consist of the active Frank R. Bowerman (FRB) Landfill and five closed solid waste disposal sites. The FRB Landfill was opened in 1990 to meet the solid waste disposal needs of the central portion of Orange County. North Region Landfills consist of the active Olinda Alpha Landfill (Olinda) and 10 closed solid waste disposal sites. Olinda was opened in 1960 to meet the solid waste disposal needs of the northern portion of Orange County.

 

On July 11, 2017, as the result of a Request for Proposals, the Board of Supervisors (Board) approved Contract MA-299-17011739 (Contract) with Helix Environmental Construction Group, Inc. (Helix) to provide native plant habitat management and landscape maintenance services (Services) at Central and North Region Landfills for a three-year term, effective July 15, 2017, through July 14, 2020, in an amount not to exceed $1.2 million, renewable for two additional one-year terms in an amount not to exceed $400,000 per year. 

 

On May 21, 2019, the Board approved Amendment Number One to increase the monetary limit in the amount of $600,000, resulting in a revised Contract total not to exceed $1.8 million. This amendment allowed for expanded native plant habitat management and landscape maintenance services at Olinda and Santiago Oaks Regional Park. The expanded services covered increased Contract usage due to the early termination of a separate Landscape Maintenance Services contract with another provider in September 2018. Amendment Number Two was executed on August 13, 2019, to add the Restoration Supervisor II classification at $105 per hour with no change to the Contract monetary limit in order to accommodate the promotion of a valued Helix employee assigned to perform services under this Contract.

 

On June 2, 2020, the Board approved Amendment Number Three by adding the language, “with excess funds to be carried over from year to year, not to exceed the revised cumulative Contract total,” to the Additional Terms and Conditions section’s paragraph number 1 titled Term. Carrying over funds allow staff to best utilize the whole Contract amount ensuring unanticipated events of varying scope are addressed timely and appropriately using this Contract. Amendment Number Three also renewed the Contract for a one-year term, effective July 15, 2020, through July 14, 2021, in an amount not to exceed $900,000, for a revised cumulative Contract total not to exceed $2.7 million, renewable for one year in an amount not to exceed $900,000.

 

On October 26, 2020, multiple uncontained wildfires erupted across the County of Orange.  High wind, high temperature and low humidity created conditions which triggered Red Flag Advisories and Public Safety Power Shutoff Program implementation by local power companies as early as Friday, October 23, 2020. On October 26, 2020, at approximately 6:47 a.m., the Silverado Fire was reported, and then at 12:56 p.m., the Blue Ridge Fire was reported. Public agencies, businesses and thousands of residents were impacted by the winds, power outages and the fires. The Silverado Fire ignited approximately 2.5 miles northeast of the FRB Landfill and eventually encroached onto the property and caused major fire damage to the facility.

 

A thorough damage assessment of the affected habitat restoration and erosion control areas was completed and emergency contract provisions were enacted to allow for immediate repairs to expeditiously bring the areas back in compliance. Many areas of habitat mitigation and erosion control measures surrounding FRB Landfill were heavily damaged by the fire. Areas damaged included the west channel, wetland basin, greenery slopes, east flank, Agua Chinon and Bee Canyon Road mitigation. Emergency repair work and orders were issued in compliance with Contract MA-299-17011739 Additional Terms and Conditions 25, “County Declared Emergency” and Scope of Work Item “Non-Routine Tasks,” as well as Contract Policy Manual Section 3.3-123, “Emergencies.”

 

 

Approval of Amendment Number Four to the Contract will increase funds by $500,000 for a revised cumulative contract total not to exceed $3.2 million. This contract increase will be used to remediate the fire-damaged Native Plant Habitat and Landscape at FRB Landfill, and to resolve unanticipated or unknown regulatory issues caused by the fire damage.

 

The Contractor’s performance has been confirmed as at least satisfactory. OCWR 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 currently include subcontractors or pass-through to other providers. See Attachment C for the Contract Summary Form.

 

Compliance with CEQA: On July 11, 2017, the Board found that the proposed action is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines, since Class 1 (Existing Facilities) consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographic features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. In addition, the proposed action is also Categorically Exempt (Class 4) from the provisions of CEQA pursuant to Section 15304 of the CEQA Guidelines, since Class 4 (Minor Alterations to Land) involves minor alterations to land. Also, the proposed action is also Categorically Exempt (Class 7) from the provisions of CEQA pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), since Class 7 consists of actions taken by a public agency for the protection of natural resources. The proposed action is also Categorically Exempt (Class 8) from the provisions of CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), since Class 8 consists of actions taken by a public agency for the protection of the environment. This contract amendment will allow for native plant habitat management and landscape maintenance services at Central and North Region Landfills, which is consistent with a Class 1, Class 4, Class 7 and Class 8 Categorical Exemption determination.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Amendment Number Four are included in the FY 2020-21 Budget for OC Waste & Recycling Enterprise Fund 299 for Contingency. The Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.

 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - MA-299-17011739 Redline Helix Environmental Construction Group, Inc.
Attachment B - MA-299-17011739 Amendment Number Four Helix Environmental Construction Group, Inc.
Attachment C - Contract Summary Form