Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000150

 

MEETING DATE:

04/09/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3

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 Construction Management Services at Frank R. Bowerman

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $2,100,000

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 273: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         10/18/2022 #33, 6/23/2020 #58

 

RECOMMENDED ACTION(S):

 

Authorize the Director of OC Waste & Recycling or designee to execute Amendment No. 1 to the contract with Anser Advisory Management, LLC for Construction Management Quality Assurance/Quality Control Support for Phase VIIIA-1 at Frank R. Bowerman Landfill, to increase the contract in the amount of $2,100,000, effective upon approval by the Board of Supervisors and execution of all necessary signatures for the contract term ending June 22, 2025, for a revised cumulative contract total not to exceed $6,100,000.

 

 

 

 

SUMMARY:

 

Approval of Amendment No. 1 to the contract with Anser Advisory Management, LLC for Construction Management Quality Assurance/Quality Control Support for Phase VIIIA-1 at Frank R. Bowerman Landfill will support continued landfill operations and maintain compliance with state and federal regulations.

 

 

 

BACKGROUND INFORMATION:

 

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

 

The Phase VIIIA-1 Groundwater Protection and Stockpile Project (Project) consists of construction within 88 acres of the Landfill that will include approximately 13 acres of a liner, groundwater protection system, soil stockpiles, de-watering and stabilization of the North Landslide Complex. OCWR does not have sufficient in-house resources nor the expertise or equipment to provide sufficient Construction Management Quality Assurance/Quality Control Services (Services) for the Project.

 

This amendment will provide continued Services for the Project. These contracted Services include, but are not limited to, monitoring and documenting the daily activities of the construction contractor, performing constructability reviews, scheduling, integrating the Project with existing waste management operations, monitoring Project schedules, managing and moderating Project meetings, monitoring budgets, construction QA/QC, archaeological services, paleontological services, biological services and surveying.

 

On June 23, 2020, Board of Supervisors (Board) approved contract MA-299-20011299 for Services for Phase VIII-A1 at the Frank R. Bowerman Landfill for $4,000,000.  At the time that this contract was initially approved by the Board the construction dollar amount and time of construction had an engineer’s estimate of approximately $35 million and a preliminary planned construction duration of 500 calendar days.  During project design the scale of the project escalated to address the needs of the Frank R. Bowerman Landfill and the technical difficulties involved in stabilizing the active landslide.  The final engineers estimate at the time of bid was slightly over $60 million.

 

The construction of the Project was awarded for $54,087,030.00 under contract MA-299-22011298 which was 9.85% below the engineers estimate and was approved by the Board on October 18, 2022, with a construction time of 650 calendar days, inclusive of 40 days allocated for anticipated rain delays.  Due to the longer time of construction and significant additional construction scope that was incorporated after the award of the Services for Phase VIII-A1 at the Frank R. Bowerman Landfill in 2020 it was known at the time of the award of the construction contract that the dollar amount for Services was insufficient through completion of the Project.

 

It was decided at the time of construction award not to request an amendment for Services until a better assessment of additional funds needed could be determined by the progress of the Project and cost expenditures.  As a result, due to the greater than expected number of rain days in 2023, the construction timeline has increased in length adding additional costs for Services.  The Project construction schedule of 650 calendar days is currently on-time and the Project itself is under budget.

 

Effective June 27, 2022, the Director of OC Public Works approved contractor’s name change from National Capital Improvement Corp dba Anser Advisory, LLC, to Anser Advisory Management, LLC, per the 2020 Design and Construction Policy Manual (DCPM), Section 3.3, Subsection 103 (2). The change was in contractor company name only and there were no changes in ownership or control of the company.

 

These services have been procured in accordance with the 2020 DCPM, Section 3.3. The Orange County Preference Policy is not applicable to this contract amendment. 

 

The contractor's performance has been confirmed as at least satisfactory. OCWR verified there are no concerns that must be addressed with respect to the contractor's ownership/name, litigation status or conflicts with County interests.

 

This contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.

 

Compliance with CEQA: This Project is a necessarily included element of the Project considered in Final Environmental Impact Report (EIR) No. 604 for the Regional Landfill Options for County Strategic Plan – Landfill Implementation, certified by the Board on August 15, 2006, which adequately addressed the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project which was not known or could not have been known when Final EIR No. 604 was certified and the Mitigation Monitoring and Reporting Program was adopted has become known; therefore, no further environmental review is required.

 

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the FY 2023-24 Budget for OCWR Capital Project Fund 273 and will be included in the budget process for future years if needed. 

 

The proposed 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 – Redline to Contract MA-299-20011299 with Anser Advisory Management, LLC
Attachment B – Amendment No. 1 to Contract MA-299-20011299 with Anser Advisory Management, LLC
Attachment C – Contract Summary Form
Attachment D – Project Location Map