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Agenda Item
ASR
Control 21-000017 |
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MEETING DATE: |
05/25/21 |
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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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Bea Bea Jimenez (714) 667-8852 |
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Subject: Approve Contracts for
On-Call Land Development Expedited Processing Services
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ceo CONCUR |
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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: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2021-22 $5,000,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 7/14/2020
#20, 6/4/2019 #29, 4/10/2018 #10, 7/26/2016 #26 |
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RECOMMENDED ACTION(S):
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1. |
Authorize the Director of OC Public Works or designee to execute an aggregate contract for On-Call Land Development Expedited Processing Services, effective July 26, 2021, through July 25, 2024, in an amount not to exceed $15,000,000, with the option to renew for two additional years upon Board of Supervisors approval, with the following: |
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a. |
Bureau Veritas Certification North America, Inc. |
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b. |
CSG Consultants, Inc. |
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c. |
Interwest Consulting Group, Inc. |
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d. |
Tait & Associates, Inc. |
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e. |
Willdan Engineering |
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2. |
Delegate authority to the Director of OC Public Works or designee to negotiate and execute reimbursement agreements with any applicable developers for On-Call Land Development Expedited Processing Services to cover costs and expenses incurred by the County of Orange. |
SUMMARY:
Approval of the aggregate contract for Architect-Engineer On-Call Land Development Expedited Processing Services will allow OC Public Works to meet ongoing and future business needs for private property and right of way development projects, to supplement staffing needs and prevent gaps in service by maintaining reliable access to vendor resources, thus ensuring continuous and responsive service to County of Orange unincorporated areas.
BACKGROUND INFORMATION:
On-Call Land Development Expedited Processing Services (Services) are used to assist the County of Orange (County) in providing building safety and engineering, planning, environmental and/or inspection services support based upon workload requirements for specialty areas. The proposed aggregate contract for Services allows for greater flexibility and efficiency as many of the development projects are schedule driven due to regulatory permit issues and/or funding constraints. In order to meet stringent project deadlines and to continue efficient operation and management, it is necessary to retain Services to supplement staff and provide specialized services. The award of the aggregate contract for Services expedites the process to obtain and utilize those needed Services.
On July 26 ,2016, the Board of Supervisors (Board) approved an aggregate contract with Bureau Veritas North America, Inc.; Atkins North America, Inc.; HR Green California, Inc.; Willdan Engineering; and Tait & Associates, Inc. effective July 26, 2016, through July 25, 2019, in amount not to exceed $19.5 million. On April 10, 2018, the Board approved an Assignment, Novation and Consent Agreement with HR Green California, Inc. to transfer and assign the contract with HR Green California, Inc. to HR Green Pacific, Inc. for Services at no cost to the County. On June 4, 2019, the Board approved Amendment No. 1 to renew an aggregate contract with Bureau Veritas North America, Inc.; HR Green Pacific, Inc.; Willdan Engineering; and Tait & Associates, Inc. for Services, effective July 26, 2019, through July 25, 2021, in an aggregate amount not to exceed $13 million for a revised cumulative total amount not to exceed $32.5 million. Atkins North America, Inc. elected not to enter into a contract renewal with the County.
On February 3, 2021, OC Public Works issued a Request for Qualifications (RFQ) for Services to support OC Development Services (OCDS). The RFQ was advertised on the County online bidding system. A total of six proposals were received and one was deemed non-responsive.
On March 19, 2021, the evaluation panel completed the written evaluation process and provided its recommendations. A summary of the ranking is attached as part of the Memorandum of Recommendation (Attachment G).
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Previous
Request July 26, 2019 - July 25, 2021 |
Current
Request July 26, 2021 - July 25, 2024 |
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Contractors |
Requested Contract Amounts |
Usage through April 8, 2021 |
Contractors |
Requested Contract Amounts |
Anticipated Usage |
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4 |
$13 million |
$10,013,110 |
5 |
$15 million |
$15 million |
OC Public Works is recommending Board approval of aggregate Contract MA-080-21011368 (Contract) for Services, effective July 26, 2021, through July 25, 2024, in an amount not to exceed $15 million, with the option to renew for two additional years upon Board approval, with the following:
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Bureau Veritas Certification North America, Inc. |
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CSG Consultants, Inc. |
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Interwest Consulting Group, Inc. |
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Tait & Associates, Inc. |
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Willdan Engineering |
Services will be requested of the contractors on an as-needed basis, dependent upon developer entitlement and permit application submittals, project needs and related activity. The work will be assigned to whichever contractor is available and, depending upon the request, work can be assigned to multiple contractors at the same time. Developers may request cost estimates prior to the commencement of plan reviews. Hourly rates for each consultant classification will remain the same or the duration of the contract term.
To mitigate the financial impacts associated with the Services provided by the contractors, the Director of OC Public Works or designee must be able to negotiate and execute reimbursement agreements with each of the applicable developers to pay for the cost of building, safety and engineering services, planning services, environmental services and/or inspection services respective to the project's entitlement and implementation activities. The key terms of these reimbursement agreements will include no cost to the County. The County will require the developer to establish a trust fund account from which the County will draw to pay permit costs on a time and materials basis. The reimbursement agreements will become effective based upon negotiation and the end date will coincide with the term of the Contract. Services costs required for development application activities will be covered by the reimbursement agreements and through the Board's established OCDS Fee Schedule (Schedule) (Attachment I), adopted by the Board on July 14, 2020, and effective September 14, 2020.
OC Public Works has conducted due diligence on the contractors. Reference checks were satisfactory and completed with the following companies regarding similar services:
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Contractors |
Reference Company |
Reference Company |
Reference Company |
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Bureau Veritas Certification North America, Inc. |
San Bernardino County |
City of Redlands |
City of West Sacramento |
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CSG Consultants, Inc. |
City of Huntington Beach |
City of Inglewood |
City of El Segundo |
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Interwest Consulting Group, Inc. |
City of Wildomar |
City of Eastvale |
City of Corona |
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Tait & Associates, Inc. |
City of Lake Forest |
City of Stanton |
City of Newport Beach |
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Willdan Engineering |
City of La Quinta |
City of Cerritos |
City of Lynwood |
The Contract includes subcontractors or passes through to other providers. See Attachment F for the Contract Summary Form.
OC Public Works is procuring these Services under the 2020 Design and Construction Policy Manual, Section 3.3-102(1).
Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the action being authorized is approval of a contract for Services. This proposed activity is therefore not subject to CEQA. Any individual, specific work authorized pursuant to contracts will be reviewed for compliance with CEQA.
FINANCIAL IMPACT:
Appropriations for the aggregate Contract will be included in the FY 2021-22 Recommended Budget for Building and Safety, Budget Control 071, 75 percent and OC Public Works, Budget Control 080, 25 percent and will be included in the budgeting process for future years.
The cost will be offset by OCDS fee revenue, with a minimal impact to Net County Cost (NCC). Applicable NCC is budgeted and will be utilized as needed in subsequent fiscal years. The current Schedule includes a hybrid of valuation-based fees, flat fees and actual time and material costs. The plan-check and related on-call support services are paid through revenues from development customers.
The 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 - Contract MA-080-21011368 with Bureau
Veritas Certification North America, Inc.
Attachment B - Contract MA-080-21011368 with CSG Consultants, Inc.
Attachment C - Contract MA-080-21011368 with Interwest Consulting Group,
Inc.
Attachment D - Contract MA-080-21011368 with Tait & Associates, Inc.
Attachment E - Contract MA-080-21011368 with Willdan Engineering
Attachment F - Contact Summary Form
Attachment G - Memorandum of Recommendation
Attachment H - Summary of Evaluators Scoring
Attachment I - OC Development Services Fee Schedule