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Agenda Item
ASR
Control 22-000303 |
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MEETING DATE: |
06/07/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
4 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
James Treadaway (714) 667-9700 |
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Tom Koutroulis (714) 834-4122 |
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Subject: Award Construction Contract
for Olinda Alpha Landfill Phase 1A Valencia Greenery
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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: Yes |
Current Year Cost:
$4,834,332 |
Annual Cost:
FY 2022-23 $191,008 |
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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: 4/23/2019
#48 |
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RECOMMENDED ACTION(S):
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1. |
Find that Mitigated Negative Declaration No. 710 reflects the independent judgment of the County of Orange as the lead agency and satisfies the requirements of CEQA for the Valencia Greenery Composting Operation Project at the Olinda Alpha Landfill. Adoption of Mitigated Negative Declaration No. 710 is recommended for the proposed project Valencia Greenery Composting Operation Project at the Olinda Alpha Landfill based upon the following findings: |
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a. |
The Mitigated Negative Declaration and comments on the Mitigated Negative Declaration received during the public review period have been considered and Mitigated Negative Declaration No. 710 is adequate in addressing potential impacts related to the Valencia Greenery Composting Operation Project at the Olinda Alpha Landfill; |
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b. |
On the basis of the whole administrative record there is no substantial evidence that the Valencia Greenery Composting Operation Project at the Olinda Alpha Landfill, with the implementation of the mitigation measures included in the Mitigation Monitoring and Reporting Program, will have a significant effect on the environment; |
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c. |
Pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15074(d), the Mitigation Monitoring and Reporting Program, is adopted; |
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d. |
Mitigated Negative Declaration No. 710 is adequate to satisfy the requirements of CEQA for the Valencia Greenery Composting Operation Project at the Olinda Alpha Landfill. |
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2. |
Award Construction Contract to Sukut Construction, LLC for the Olinda Alpha Landfill Phase 1A Valencia Greenery Project in the amount of $5,025,340, effective June 7, 2022, to be completed within 300 calendar days of the effective date of the Notice to Proceed. |
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3. |
Authorize the Director of OC Public Works or designee to execute the construction contract with Sukut Construction, LLC. |
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4. |
Authorize return of bid guarantees to all bidders upon execution of the construction contract. |
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SUMMARY:
Award of the construction contract for the Olinda Alpha Landfill Phase 1A Valencia Greenery Project will allow OC Waste & Recycling to compost and recycle green waste materials in compliance with state mandates that require that these materials be diverted from landfills and recycled, thereby assisting the unincorporated Orange County areas and Orange County cities in meeting their diversion requirements.
BACKGROUND INFORMATION:
OC Waste & Recycling (OCWR) is responsible for managing the solid waste disposal system for the County of Orange (County), including North Region Landfills that consist of the active 565-acre Olinda Alpha Landfill (OAL) and 10 closed solid waste disposal sites. OAL was opened in 1960 to meet the solid waste disposal needs of the north portion of Orange County.
On April 23, 2019, the Board of Supervisors (Board) adopted Resolution 19-031 which directed OCWR to utilize available County resources to research opportunities and develop strategies to achieve State of California (State) imposed organics recycling mandates. Since adoption, OCWR has developed strategies and programs with the goal of achieving state-imposed organics recycling mandates. OCWR has worked with stakeholders such as Orange County cities, businesses and the waste industry to achieve organics recycling mandates and maintain overall compliance.
With the goal of reducing greenhouse gas emissions, Senate Bill (SB) 1383 requires that jurisdictions in the State divert and recycle 50 percent of their organic waste materials going to landfills by 2020 and 75 percent by 2025. To achieve compliance, OCWR is proposing to utilize an approximately 19.5-acre area of the OAL site to compost green waste materials. The proposed Valencia Greenery Composting Operation Project (Project) will have the ability to process up to 230 tons of green waste per day. Upon startup, sorted green waste will be directed to the proposed Project. This green waste was previously delivered to OAL and used as Alternative Daily Cover for erosion control and counted toward mandated diversion requirements. Therefore, it is anticipated that the proposed Project will only generate 12 new truck trips per day associated with the delivery of finished compost to end markets. In addition, the proposed Project will not interfere with landfill operations nor will it reduce the capacity of the landfill because the facility will be located in the far north corner of the landfill and will be shifted to the south in order to reclaim airspace generated by settlement in the area.
OCWR will be working with jurisdictions to develop markets for compost products that will be made at the Project. The Project will benefit the unincorporated Orange County area and Orange County cities by assisting jurisdictions in complying with Assembly Bill 1594 and SB 1383 and allowing them to resume receiving diversion credits for composted green waste under State recycling laws.
The closest residential area in the City of Brea to the proposed Project is Olinda Ranch, with homes located approximately 1.2 miles south of the proposed Project location. On March 2, 2022, OCWR held a virtual public information meeting for the Mitigated Negative Declaration (MND) to obtain public comments on the MND and respond to any questions from the public about the proposed Project. Approximately 12,679 notices were sent out to owners/occupants within approximately 1.5 miles of the OAL property, including the Olinda Ranch, Olinda Village, Blackstone and La Floresta communities requesting their attendance at the public information meeting. Three members of the Local Enforcement Agency (LEA), one member of the Santa Ana Regional Water Quality Control Board, several staff from the cities of Brea and Yorba Linda and approximately 15 residents attended the public information meeting. OCWR provided responses to all comments and questions received during the public meeting.
Due to permitting requirements, the Project will be constructed in two phases, 1A and 1B. The OAL Phase 1A Valencia Greenery Project (Phase 1A) will include all the civil improvements and allow OCWR to operate a traditional open windrow composting operation for its approximate six-month duration. Phase 1A will have the potential to process up to 94 tons of green waste per day. Phase 1B will include the installation of the Covered Aerated Static Pile (CASP) system and will be able to process up to 230 tons of green waste per day. Once Phase 1B has been constructed, all operations will shift to the CASP system and Phase 1A will formally conclude.
The proposed Phase 1A scope of work consists of clearing, excavation and unclassified soil fill, installation of a lined stormwater basin, installation of asphalt concrete and crushed miscellaneous base and the installation of miscellaneous drainage improvements. Phase 1A will also include installation of additional operations water tanks and a gravity-fed fire water system including piping, tanks, hydrants and miscellaneous appurtenances. Compliance with erosion control requirements is outlined in the Industrial General Permit Stormwater Pollution Prevention Plan. Phase 1A construction is anticipated to begin by July of 2022.
On February 8, 2022, OC Public Works issued Pre-Qualification documents through the County online bidding system. A total of seven contractors responded, and six were pre-qualified and allowed to submit proposals in response to the County’s subsequent Invitation for Bid (IFB).
On March 2, 2022, OC Public Works issued an IFB to the pre-qualified contractors for Phase 1A. Three bids were received and were deemed responsive.
The following summarizes the responsive bids and provides a comparison against the Engineer's Estimate (EE):
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Base Bid |
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Engineers Estimate |
$4,238,910 |
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Sukut Construction, LLC |
$5,025,340 |
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Zusser Company, Inc. |
$6,596,500 |
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C.S. Legacy Construction, Inc. |
$7,455,878 |
The lowest responsive and responsible bid submitted by Sukut Construction, LLC (Contractor) for Phase 1A is approximately 19 percent above the revised EE of $4,238,910. OC Public Work has reviewed the bid submitted by Contractor and verified that the difference is not the result of errors or omissions in the estimate but rather is attributed to fluctuations in materials costs despite the competitive bid environment. A full summary of the bids received can be found in the Bid Summary as Attachment B.
OC Public Works is procuring construction services for Phase 1A in accordance with the 2020 Design and Construction Procurement Policy Manual Section 4. The Orange County Preference Policy is not applicable to this contract award.
OC Public Works is recommending the Board award Contract MA-299-22011467 (Contract) with the Contractor in an amount of $5,025,340, effective June 7, 2022, to be completed within 300 calendar days of the effective date of the Notice to Proceed.
The Contractor's license number was verified as current and active through the Contractors State License Board database on February 23, 2022. A copy of the verification is on file.
OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with the G3 Urban, Santa Margarita Water District and Irvine Ranch Water District regarding similar projects.
This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.
The Contract is coming to the Board less than 30 days before its commencement due to the extension of the advertisement period.
Compliance with CEQA: OCWR prepared a MND for the Project at the OAL. In compliance with CEQA Guidelines Section 15073, OCWR submitted the MND to the Governor’s Office of Planning and Research (assigned file number SCH# 2022020473), landfill regulatory agencies as well as interested parties and to nearby residents that requested copies of the MND. In addition, OCWR placed the MND on OCWR’s website and a hard copy was available for review at County Administration South by request.
During the public review period for the MND, OCWR received comments on the proposed Project from the California Department of Resources Recycling and Recovery (CalRecycle), LEA, South Coast Air Quality Management District and City of Brea. The environmental topics addressed in the comments included dust, emissions, aesthetics, water availability and water infrastructure. Comments on the MND and OCWR's responses are included as part of the Final MND for the Project (Attachment E). The comments do not present substantial evidence to challenge the adequacy of the analysis and conclusions in the MND that the proposed Project will not result in significant environmental impacts, as mitigated. The comments also do not contain any new information that would necessitate recirculation under CEQA Guidelines Section 15073.5.
All mitigation measures for the proposed Project are included in the Mitigation Monitoring and Reporting Program (MMRP). The MMRP is proposed for adoption through Recommended Action No. 1(c) and will be carried forward with the implementation of the proposed Project.
Based on the Final MND, and the administrative record, there is no substantial evidence of a fair argument that the proposed Project will have a significant impact on the environment. The Final MND identifies the potential significant environmental impacts of the Project, in accordance with CEQA, and incorporates necessary mitigation measures to reduce those impacts to a level that is less than significant. Therefore, the adoption of Final MND No. 710 and the associated MMRP satisfies the requirements of CEQA for the Project.
Adoption of MND No. 710 will satisfy the requirements of CEQA for the award of construction contracts for and implementation of the Project.
FINANCIAL IMPACT:
Appropriations for this Contract are included in the FY 2021-22 Budget for OCWR Capital Project, Fund 273, and will be included in the budgeting process for future years.
The 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
REVIEWING AGENCIES:
OC Waste & Recycling
ATTACHMENT(S):
Attachment A - Contract MA-299-22011467 with Sukut
Construction, LLC
Attachment B - Bid Summary
Attachment C - Contract Summary Form
Attachment D - Project Location Map
Attachment E - Final MND for Valencia Greenery Composting Operation Project
Attachment F - Appendix A – MND/IS Distribution List
Attachment G - Appendix B – Mitigation Monitoring and Reporting Program
Attachment H - Appendix C – Air Quality-Greenhouse Gas Emissions Energy Impact
Analysis
Attachment I - Appendix D – Quantitative Odor Analysis
Attachment J - Appendix E – Draft Odor Impact Minimization Plan
Attachment K - Appendix F – Noise and Vibration Impact Analysis
Attachment L - Appendix G – Transportation Analysis
Attachment M - Appendix H – Assembly Bill 52 Tribal Cultural Resources Consultation
Letters
Attachment N - Appendix I – Responses to Comments and Errata
Attachment O - Senate Bill 1383
Attachment P - Assembly Bill 1594
Attachment Q - Public Resources Code Section 21081.6