Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-000286

 

MEETING DATE:

06/06/23

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Tom Koutroulis (714) 834-4122 

 

 

James Treadaway (714) 667-9700

 

 

Subject:  Award Contracts for Prima Deshecha Landfill Infrastructure Phase 1A Project

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $3,800,000

Annual Cost: FY 2023-24 $2,544,276

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    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:         5/24/2011 #71

 

RECOMMENDED ACTION(S):

 

 

1.

Award contract to Sukut Construction, LLC for the Prima Deshecha Landfill Infrastructure Phase 1A Project in the amount of $5,192,239, effective upon execution of all necessary signatures, to be completed within 180 calendar days of the effective date of the Notice to Proceed.

 

2.

Authorize the Director of OC Public Works or designee to execute the contract with Sukut Construction, LLC.

 

3.

Award contract to Tetra Tech BAS, Inc. for the Prima Deshecha Landfill Infrastructure Phase 1A Project, Construction Administration and Construction Quality Assurance, effective upon Board of Supervisors approval, to be completed within 260 calendar days, in an amount not to exceed $1,152,037.

 

4.

Authorize the Director of OC Public Works or designee to execute the contract with Tetra Tech BAS, Inc.

 

 

 

 

 

 

 

SUMMARY:

 

Award of a construction contract and a contract for Construction Administration and Construction Quality Assurance for the Prima Deshecha Landfill Infrastructure Phase 1A Project will support continued landfill operations and 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 South Region Landfills, which consists of the active Prima Deshecha Landfill (Prima) and five closed solid waste disposal sites. Prima was opened in 1976 to meet the solid waste disposal needs of the southern portion of Orange County. Prima is a 1,530-acre landfill site located within unincorporated Orange County, the City of San Juan Capistrano and the City of San Clemente. The landfill operation is currently located in an area designated as Zone 1, which has capacity to accept trash through approximately 2040.

 

The Prima Infrastructure Phase 1A Project (Project) includes geotechnical mitigation, including earthwork, installation buttresses and construction of acceleration and deceleration ramps on Avenida La Pata, allowing safer access to and from Prima for future planned development within the landfill and other appurtenances. The Project will provide continued disposal services for the County and increase operational and development efficiencies.

 

On February 22, 2023, OC Public Works issued Pre-Qualification documents through the County online bidding system. Three contractors responded and were pre-qualified and allowed to submit proposals in response to the County’s subsequent Invitation for Bid (IFB).

 

On March 14, OC Public Works issued an IFB to the pre-qualified contractors for the Project. One bid was received and deemed responsive.

 

The following summarizes the bid received and provides a comparison against the Engineer's Estimate (EE):

 

 

Base Bid

Engineer’s Estimate

$6,299,000

Sukut Construction, LLC

$5,192,239

 

A full summary of the bid received can be found in the Bid Summary as Attachment D.

 

The lowest responsive and responsible bid submitted by Orange County based Sukut Construction, LLC (Sukut) for the Project is approximately 17 percent below the EE of $6,299,000. OC Public Works has reviewed the bid submitted by Sukut and verified that the difference is not the result of errors or omissions in the estimate but is attributed to aggressive competitive bidding between the three prequalified bidders.

 

OC Public Works is procuring construction services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 4.

 

Sukut’s license number was verified as current and active through the California Contractors State License Board database on March 30, 2023. A copy of the verification is on file.

 

OC Public Works has conducted due diligence on Sukut. Reference checks were satisfactory and completed with San Bernardino County and Tulare County regarding similar projects.

 

The contract with Sukut includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Forms.

 

OCWR does not have sufficient in-house resources, expertise or equipment to provide Construction Administration and Construction Quality Assurance Services (Services), including biological monitoring, paleontological and archeological monitoring, construction engineering support or construction geotechnical engineering support for the Project. Therefore, it is necessary for OCWR to retain Services to supplement staff and provide this specialized expertise.

 

On September 1, 2020, OC Public Works issued a Request for Qualifications to establish a Qualified Vendor List (QVL) for Landfill Construction Support Services. Tetra Tech BAS, Inc. (Tetra Tech), a Los Angeles County based contractor on the QVL is being recommended for the establishment of a contract for Services.

 

OC Public Works is procuring these Services in accordance with the 2020 DCPM, Section 3.3-102.

 

The Orange County Preference Policy (OCPP) is not applicable to the award of the proposed contract with Sukut or Tetra Tech because the OCPP is not applicable to contracts procured in accordance with the DCPM.

 

Tetra Tech’s license number was verified as current and active through the Department of Consumer Affairs database on October 1, 2020. Copies of the verification is on file.

 

OC Public Works has conducted due diligence on Tetra Tech. Reference Checks were satisfactory and completed with the City of Santa Barbara, Merced County and San Bernardino County regarding similar services.

 

The contract with Tetra Tech includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Forms.

 

OC Public Works is recommending the Board award Contract MA-299-23010965 with Sukut in the amount of $5,192,239 for the Project, effective upon execution of all necessary signatures, to be completed within 180 calendar days of the effective date of the Notice to Proceed.

 

OC Public Works is also recommending the Board award Contract MA-299-23011228 with Tetra Tech for Services, effective upon Board of Supervisors approval, to be completed within 260 calendar days, in an amount not to exceed $1,152,037.

 

Compliance with CEQA: The circumstances of this Project are substantially the same as Final Environmental Impact Report (EIR) No. 610, certified by the Board on May 24, 2011, and in Addendum No. 610-5, certified by the Director of OCWR on September 22, 2021. Together, Final EIR No. 610 and Addendum No 610-5 adequately address 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. 610 was certified or through the date of approval and adoption of Addendum No. 610-5 has become known; therefore, no further environmental review is required.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for the contracts are included in Fund 273, OCWR Capital Project, FY 2022-23 Budget and will be included in the budgeting process for future years.

 

The contracts include a provision stating the contracts are subject to, and contingent upon, applicable budgetary appropriations being 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 Waste & Recycling

 

ATTACHMENT(S):

 

Attachment A - Contract MA-299-23010965 with Sukut Construction, LLC
Attachment B - Contract MA-299-23011228 with Tetra Tech BAS, Inc.
Attachment C - Contract Summary Form
Attachment D - Bid Summary
Attachment E - Project Location Map