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Agenda Item
ASR
Control 23-000328 |
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MEETING
DATE: |
07/18/23 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Fiona
Man (714) 647-3953 |
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Vinh
Tran (714) 955-0210 |
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Subject: Approve On-Call Contract for
Geotechnical and Materials Testing Services
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ceo CONCUR |
County Counsel Review |
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: $1,426,027 |
Annual Cost: FY 2024-25 $1,500,000 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/6/2023 #11, 12/15/2020 #26,
12/12/2017 #30 |
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RECOMMENDED
ACTION(S):
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Authorize the Director of OC Public
Works or designee to execute contracts for On-Call Geotechnical and Materials
Testing Services, effective for three years upon Board of Supervisors’
approval, or execution of all necessary signatures, whichever occurs later,
in an amount not to exceed $750,000 each, for an aggregate total amount not
to exceed $4,500,000, with the option to renew for two additional years, with
the following: |
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a. |
Earth Mechanics, Inc. |
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b. |
GMU Geotechnical, Inc. |
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c. |
Kleinfelder, Inc. |
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d. |
Ninyo & Moore Geotechnical and
Environmental Sciences Consultants |
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e. |
Tetra Tech BAS, Inc. |
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f. |
Leighton Consulting, Inc. |
SUMMARY:
Approval of contracts for On-Call
Geotechnical and Materials Testing Services will provide Geotechnical and
Materials Testing Services to supplement County of Orange resources for
completing projects in a timely and cost-effective manner.
BACKGROUND
INFORMATION:
On-Call Geotechnical and Materials
Testing Services (Services) are used to assist the County of Orange (County) in
completing capital improvement, rehabilitation and maintenance projects,
including those projects listed on OC Public Works and OC Community Resources
7-Year Capital Improvement Program (CIP) approved by the Board of Supervisors
(Board) on June 6, 2023. It is necessary to retain Services to supplement staff
and provide specialized expertise in order to continue efficient operations and
maintenance of County infrastructure.
The previous slate of three-year
contracts and subsequent two-year renewals for Services were approved by the
Board on December 12, 2017, and December 15, 2020, respectively, and expired on
December 21, 2022. The contracts were administratively extended for an
additional six months to allow for completion of work in progress and expired
on June 21, 2023. No new task orders were issued under these expired contracts.
In an effort to maintain Services, new contracts are necessary.
On October 21, 2022, OC Public
Works issued a Request for Qualification (RFQ) to establish a Qualified Vendor
List for Services. The RFQ was advertised through November 18, 2022, on the
County's online bidding system. Twenty-two submittals were received in response
to the RFQ.
On January 12, 2023, the RFQ
evaluation panel composed of four evaluators from OC Public Works and one
evaluator from OC Waste & Recycling completed the written evaluation
process and provided its recommendation. A summary of the most qualified
contractors providing Services is attached as part of the Memorandum of
Recommendation (Attachment H) and Summary of Evaluators’ Scoring (Attachment
I).
OC Public Works is procuring these
Services in accordance with the 2020 Design and Construction Procurement Policy
Manual (DCPM), Section 3. The Orange County Preference Policy is not applicable
to the award of contracts procured in accordance with the DCPM.
OC Public Works evaluated its need
for Services based on the County’s adopted 7-Year CIP and utilization of
Services completed under the previous slate. Based on the projected workload
demands over the next three years, six contractors are requested for on-call
contracts for Services. Workload demands were projected based upon past and
current usage of all similar active on-call contracts.
OC Public Works is recommending
Board approval of contracts for Services, effective for three years upon Board
approval, or execution of all necessary signatures, whichever occurs later, in
an amount not to exceed $750,000 each, for an aggregate total amount not to
exceed $4.5 million, with the option to renew for two additional years, with
the following contractors:
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Contractors |
Contracts |
Contractor
Location |
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Earth Mechanics,
Inc. |
MA-080-23011402 |
Orange County |
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GMU
Geotechnical, Inc. |
MA-080-23011405 |
Orange County |
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Kleinfelder,
Inc. |
MA-080-23011407 |
San Diego |
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Ninyo
& Moore Geotechnical and Environmental Sciences Consultants |
MA-080-23011408 |
San Diego |
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Tetra Tech BAS,
Inc. |
MA-080-23011409 |
Los Angeles
County |
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Leighton
Consulting, Inc. |
MA-080-23011410 |
Orange County |
The contractors’ respective license
numbers were verified as current and active through the Department of Consumer
Affairs database on October 21, 2022. Copies of the verifications are on file.
OC Public Works has determined that
contracting for Services allows for greater efficiency when workload exceeds
in-house capacity as well as greater flexibility in providing Services when
specialized materials testing is required.
OC Public Works has conducted due
diligence on the contractors. Reference checks were satisfactory and completed
with the following entities regarding similar Services.
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Contractors |
Reference |
Reference |
Reference |
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Earth
Mechanics, Inc. |
California
Department of Transportation |
Orange County
Transportation Authority |
County of
Riverside |
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GMU
Geotechnical, Inc. |
City of Newport
Beach |
City of Lake
Forest |
City of Mission
Viejo |
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Kleinfelder,
Inc. |
City of Santa
Ana |
California
Department of Transportation |
City of Los
Angeles |
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Ninyo
& Moore Geotechnical and Environmental Sciences Consultants |
City of Irvine |
City of Rancho
Santa Margarita |
City of Fountain
Valley |
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Tetra
Tech BAS, Inc. |
City of West
Hollywood |
Los Angeles
Sanitation Districts |
U.S. Food &
Drug Administration |
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Leighton
Consulting, Inc. |
City of Orange |
City of
Huntington Beach |
Yorba Linda
Water District |
The contracts with GMU
Geotechnical, Inc., Kleinfelder, Inc., Tetra Tech BAS, Inc. and Leighton
Consulting, Inc. include subcontractors or pass through to other providers. The
contracts with Earth Mechanics, Inc. and Ninyo & Moore Geotechnical and Environmental
Sciences Consultants do not currently include subcontractors or pass through to
other providers. See Attachment G for information regarding subcontractors and
the Contract Summary Forms.
The contracts are being presented
for consideration less than 30 days prior to their effective date due to
additional time needed to complete negotiations with the contractors. In
addition, OC Public Works wanted to ensure alignment of anticipated costs
within the recent evaluation of County’s current and future business needs. The
evaluation concluded that it is the best interest of the County to enter into
these contracts to allow OC Public Works to continue providing support for
various County projects. Sufficient reserve capacity is required to allow OC
Public Works to continue to respond to unplanned emergencies and unforeseen
work for Countywide capital maintenance projects.
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 is for approval of contracts for Services to
supplement County resources for completing County projects. 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:
Appropriations for these contracts
are included in the FY 2023-24 Budget and will be included in the budgeting
process for future years for the following funds:
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Fund
115, OC Road |
20% |
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Fund
174, OC Road - Capital Improvement Projects |
20% |
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Fund
400, OC Flood |
20% |
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Fund
401, OC Flood - Capital Improvement Projects |
20% |
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Charges
for Services for developers and permittees |
20% |
The proposed 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 terms
of these contracts. The contracts contain language allowing for termination and
language stating there is no guarantee given by the County regarding usage.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Contract MA-080-23011402 with Earth Mechanics, Inc.
Attachment B - Contract MA-080-23011405 with GMU Geotechnical, Inc.
Attachment C - Contract MA-080-23011407 with Kleinfelder, Inc.
Attachment D - Contract MA-080-23011408 with Ninyo & Moore Geotechnical and
Environmental Sciences Consultants
Attachment E - Contract MA-080-23011409 with Tetra Tech BAS, Inc.
Attachment F - Contract MA-080-23011410 with Leighton Consulting, Inc.
Attachment G - Contract Summary Forms
Attachment H - Memorandum of Recommendation
Attachment I - Summary of Evaluators’ Scoring