Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000336

 

MEETING DATE:

06/22/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2

SUBMITTING Agency/Department:

John Wayne Airport   (Approved)

Department contact person(s):

Barry A. Rondinella (949) 252-5183 

 

 

David V. Shuter (949) 252-5270

 

 

Subject:  Renew Amendment Number Two for Architect-Engineer On-Call Environmental Program

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: FY 2021-22 $2,625,000
FY 2022-23 $375,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 280: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 03/10/2020 #12, 08/14/2018 #10

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA. 

 

2.

Authorize County Procurement Office or authorized Deputy to execute Amendment Number Two to Contracts for Architect-Engineer Consultant Services with Polytechnique Environmental, Inc. and Wood Environment & Infrastructure Solutions, Inc. for On-Call Environmental Program Support services to renew for one additional one-year term for a not-to-exceed amount of $1,500,000 for each Contract, effective August 14, 2021, through August 13, 2022, with the option to renew for one additional one-year term at $1,500,000 for a new not-to-exceed amount of $5,250,000 per Contract, and an aggregate total not to exceed $10,500,000.

 

 

 

SUMMARY:

 

Approval of these amendments to the existing Contracts with both Polytechnique Environmental, Inc. and Wood Environment & Infrastructure Solutions, Inc. will allow John Wayne Airport to continue to meet environmental compliance obligations and respond to new regulatory requirements for environmental protection for one additional year.

 

 

 

BACKGROUND INFORMATION:

 

John Wayne Airport (JWA) uses On-Call Environmental Program Support services to ensure continued compliance with environmental regulations and sustainable environmental stewardship of County resources. JWA has consistently made environmental protection and conservation of County resources a priority and relies on the support of consultants to implement the environmental programs necessary for pollution prevention in the operation and maintenance of JWA's facilities.

 

On August 14, 2018, the Board of Supervisors (Board) approved Agreements with Polytechnique Environmental, Inc. (Polytechnique) and Wood Environment & Infrastructure Solutions, Inc. (Wood) for Architect-Engineer (A-E) On-Call Environmental Program Support services for a three-year contract term effective August 14, 2018, through August 13, 2021, in an amount not to exceed $2.25 million renewable for two additional one-year terms.

 

Specific environmental services provided under the Agreements include:

 

 

Compliance audit and expert technical consulting;

 

Emergency preparedness, planning, response and reporting;

 

Stormwater pollution prevention and National Pollutant Discharge Elimination System compliance;

 

Site assessment, investigation, groundwater monitoring and remediation support; 

 

Underground and aboveground storage tank compliance;

 

Hazardous, regulated and solid waste management and compliance (including recycling and minimization);

 

Air quality permitting compliance;

 

Environmental health and safety support (building health, mold, asbestos and noise);

 

Planning support for CEQA/National Environmental Policy action compliance;

 

Support for sustainable project initiatives; and

 

Environmental infrastructure design studies to support environmental improvements.

 

On March 10, 2020, the Board approved Amendment No. 1 to the Agreements to provide additional consultant resources to respond to additional environmental protection requirements related to new regulations and increased the total contract amount to $3.75 million per Agreement. The California State Water Resources Control Board issued new regulations regarding stormwater effluent limits and the management of Perfluoroalkyl and Polyfluoroalkyl Substances in fire-fighting foams, soil and groundwater.  Amendment No. 1 also included scope to implement the Airport Air Quality Improvement Plan and Memorandum of Understanding between JWA and the South Coast Air Quality Management District, as well as asbestos testing requirements.

 

JWA seeks the Board's approval to amend the not-to-exceed amounts for the existing Contracts to allow for a one-year renewal.  The original rate structures of the Contracts remain the same. The negotiated hourly rates and fees are within industry standards and are fair and reasonable for the services provided under the Contracts on an as-needed/on-call basis. The proposed amended A-E Contracts with Polytechnique and Wood are included as Attachments A and B.

 

Both Polytechnique's and Wood's performances have been confirmed as at least satisfactory. JWA has verified that there are no concerns to be addressed with respect to each Contractor's ownership/name, litigation status or conflicts with County interests.

 

Due to the wide range of services required, contracting with two firms with adequate not-to-exceed contract limits ensures that appropriate resources will be available during the contract term. Requested services are subject to JWA's approval via a signed Task Order with a not-to-exceed dollar amount. The Contracts with Polytechnique and Wood include subcontractors. See Attachments C and D for information regarding subcontractors and Contract Summary Forms. 

 

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 it is an award for A-E services for potential future projects. This proposed activity is, therefore, not subject to CEQA. Any individual, specific work authorized pursuant to this contract will be reviewed for compliance with CEQA.

 

 

FINANCIAL IMPACT:

 

Appropriations for the Contracts will be included in the FY 2021-22 Recommended Budget for Airport Operating Fund 280 and will be included in the budgeting process for future years. The utilization of the Contracts and task orders issued are contingent upon funds being included in the Airport Operating Fund 280 each fiscal year; no task orders will be issued unless budgets have been previously approved.

 

The proposed Contracts include a provision stating that the Contracts are subject to, and contingent upon, applicable budgetary appropriations 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 Public Works

 

ATTACHMENT(S):

 

Attachment A – Contract MA-280-19010653 Amendment Number Two to Contract with Polytechnique Environmental, Inc.
Attachment B – Redline Version of Previous Amendment to Contract with Polytechnique Environmental, Inc.
Attachment C – Contract MA-280-19010612 Amendment Number Two to Contract with Wood Environment & Infrastructure Solutions, Inc.
Attachment D – Redline Version of Previous Amendment to Contract with Wood Environment & Infrastructure Solutions, Inc.
Attachment E – Contract Summary Form for Polytechnique Environmental, Inc.
Attachment F – Contract Summary Form for Wood Environment & Infrastructure Solutions, Inc.