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Agenda Item
ASR
Control 18-000771 |
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MEETING DATE: |
10/16/18 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
3 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Vicki Quiram (714) 667-3255 |
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Khalid Bazmi (714) 667-3213 |
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Subject: Assignment, Novation and
Consent of Agreement with Stantec Consulting Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 10/7/2014
#15, 5/6/2014 #36, 5/21/2013 #80, 2/9/2010 #33 |
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RECOMMENDED ACTION(S):
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1. |
Approve the Assignment, Novation and Consent Agreement with MWH Americas, Inc., to transfer and assign an existing Board of Supervisors approved Contract to Stantec Consulting Services, Inc., effective October 16, 2018. |
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2. |
Authorize the Director of Public Works or designee to execute Assignment, Novation and Consent Agreement with Stantec Consulting Services, Inc., who will now manage the public sector Agreement originally issued to MWH Americas, Inc. |
SUMMARY:
Approval of the Assignment, Novation and Consent Agreement will allow the County of Orange to assign and transfer the approved Agreement with MWH Americas, Inc., to Stantec Consulting Services, Inc. for Construction Management Support Services for the Santa Ana River Interceptor Line, at no cost to the County of Orange.
BACKGROUND INFORMATION:
On February 9, 2010, the Board of Supervisors (Board) approved an agreement for Construction Management Support Services (Services) for the Santa Ana Regional Interceptor Line (SARI Line Project) with MWH Americas, Inc. (MWH) for OC Public Works effective February 9, 2010, through February 8, 2016.
On May 21, 2013, the Board approved Amendment #1 with MWH for Services. On May 6, 2014, the Board approved Amendment #2 with MWH for Services. On October 7, 2014, the Board approved Amendment #3 with MWH for Services effective October 7, 2014, through October 6, 2020.
On April 18, 2018, the County of Orange (County) received a letter from Stantec Consulting Services, Inc. (Stantec) requesting authorization to assign Agreement MA-080-10013061, formerly D09-122 (Agreement) between the County and MWH to Stantec. MWH was acquired by Stantec and subsequently wishes to transfer and assign it rights and obligations under the Agreement. OC Public Works has received all the documentation related to the assignment of the Agreement, including the Corporate Resolution needed to address the change in entity.
MHW has indicated its request to continue providing services under Stantec for the following Agreement previously approved by the Board and awarded to MWH.
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Services |
Agreement Number |
Effective Date |
Expiration Date |
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Board approved Services for the SARI Line Project |
MA-080-10013061 (formerly D09-122) |
2/9/2010 |
10/6/2020 |
Post construction support services will continue to be required for the SARI Line Project to oversee and monitor the five-year habitat mitigation work until 2020. This mitigation works is the last remaining work for the SARI Line Project as part of this project’s environmental commitments. This work has been and will continue to be performed primarily by ESA/PCR, a sub consultant of MWH. It is critical that the same personal perform the mitigation monitoring in order to maintain continuity and uninterrupted service which has been taking place since 2015. The mitigation work has met the required success criteria and is currently on track for early release by the regulator agencies, which could reduce the mitigation period to four years (in lieu of a maximum of five years). OC Public Works recommends Board approval of the Assignment, Novation and Consent Agreement to enable Stantec to provide services under the original Agreement which is necessary for the completion of the remaining obligations of the SARI Line Project. All original Agreement terms and conditions shall remain unchanged. In addition, Stantec has met Risk Management’s insurance liability and indemnification requirements.
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 authorized is transfer of existing on-call A-E agreements. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Assignment, Novation and Consent Agreement MA-080-10013061