Agenda Item AGENDA STAFF REPORT ASR Control 23-000702
MEETING DATE:	09/26/23
legal entity taking action:	Orange County Flood Control District
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Amanda Carr (714) 955-0601
	Jose Arriaga (714) 955-0101

Subject: Approve Contracts for Herbicide Application Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $375,000

Annual Cost: FY 2024-25 $499,544
FY 2025-26 $499,544
FY 2026-27 $125,912

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 400: 100%	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 8/9/2022 #22, 8/24/2021 #25, 8/14/2018 #17

RECOMMENDED ACTION(S):

Find that the project is categorially exempt from compliance with CEQA, Class 1 (Existing Facilities) pursuant to CEQA Guidelines, Section 15301 and statutorily exempt from compliance with CEQA pursuant to Public Resources Code Section 21080(b)(15), because it implements Certified State Regulatory Program as provided in CEQA Guidelines Sections 15250 and 15251(i).

Authorize the County Procurement Officer or Deputized designee to execute aggregate contracts for Herbicide Application Services with Habitat Restoration Sciences, Inc. and Quality Sprayers, Inc., effective upon execution of all necessary signatures for a term of three years, in an aggregate amount not to exceed $1,500,000, with the option to renew for two additional years.

SUMMARY:

Approval of aggregate contracts for Herbicide Application Services will support various vegetation control activities at Orange County Flood Control District facilities and compensatory mitigation sites throughout the County of Orange and will also support maintenance of flood control capacity and regulatory permit compliance.

BACKGROUND INFORMATION:

The OC Public Works Integrated Pest Management Unit provides a wide range of maintenance services for the 380 miles of County of Orange (County) flood control channels, four dams, seven pump stations, maintenance roads and retention basins. To maintain these flood control facilities in a storm-ready condition and in order to enhance the habitat in compensatory mitigation sites, a Vegetation Control Program (Program) has been established.

The Program consists of controlling native and non-native vegetation species in flood control facilities, including aquatic herbicide applications and removing undesirable vegetation in mitigation sites. The need for this maintenance is for continued compliance with Public Law 84-99, which provides federal relief in the case of a flood disaster. The County’s licensed Pest Control Advisers utilize an Integrated Pest Management Program along with Best Management Practices to consider all alternatives and methods available for vegetation control before proceeding with herbicide applications, including prevention, exclusion and cultural control of invasive weeds. Herbicide Application Services (Services) are needed due to the quantity of mitigation sites, complexity of regulatory permit requirements and the need for continuity of annual weed control maintenance in all of the Orange County Flood Control District facilities.

Prior Board of Supervisors (Board) actions are summarized below.

Board Date	Board Action	Contractor	Amount	Effective Date	End Date
8/14/2018	Approve Aggregate Contract MA-080-18010201	Habitat Restoration Sciences, Inc. Quality Sprayers, Inc. (Contractors)	$1,830,000	8/14/2018	8/13/2021
8/24/2021	Approve Amendment No. 1	Contractors	$610,000	10/1/2021	9/30/2022
8/9/2022	Approve Amendment No. 2	Contractors	$500,000	10/1/2022	9/30/2023

On April 10, 2023, OC Public Works issued an Invitation for Bid for Services on the County online bidding system. A total of two bids were received from the incumbents and both were deemed qualified to perform the needed Services. A Bid Summary is included as Attachment D.

OC Public Works is procuring these Services in accordance with the 2021 Contract Policy Manual Section 3.3-102. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. Quality Sprayers, Inc. is an Orange County Local Small Business and OCPP-qualified contractor. Habitat Restoration Sciences, Inc. is based in San Diego County.

Previous Request

8/14/2018-9/30/2023

Current Request

9/26/2023 - 9/25/2025

Contractors

Requested Contract Amount

Usage as of 8/28/2023

Contractors

Requested Contract Amount

Anticipated Usage

$2.94 million

$1,469,103*

$1.5 million

* The previously approved amount does not roll over to the renewal term.

OC Public Works is recommending the Board approve the aggregate Contracts MA-080-23011094 (Contracts) with the Contractors for Services, effective upon execution of all necessary signatures for a term of three years, in an aggregate amount not to exceed $1.5 million, with the options to renew for two additional years. The work will be assigned to whichever Contractor is available and, depending upon the request, work can be assigned to both Contractors at the same time.

The Contractors’ respective license numbers were verified as current and active through the Contractors State License Board database on August 10, 2023. Copies of the verifications are on file.

An analysis was conducted to determine the cost/benefit of contracting out versus providing Services in-house. Based on this analysis, OC Public Works has determined that contracting for Services allows for an increased effort of maintenance during times of increased vegetation growth and greater flexibility for in-house crews to provide unexpected services in other County areas and facilities.

OC Public Works has conducted due diligence on the Contractors. Both Contractors had satisfactory performances during previous contracts with the County. Reference checks were satisfactory and completed with the following entities regarding similar Services.

Contractors	Reference	Reference	Reference
Habitat Restoration Sciences, Inc.	City of Chino Hills	San Diego County Water Authority	City of Carlsbad
Quality Sprayers, Inc.	California Department of Transportation	California Department of Food and Agriculture	PV Maintenance

The Contracts do not currently include subcontractors or pass through to other providers. See Attachment C for Contract Summary Forms.

Compliance with CEQA: The proposed project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Class 1), as it provides for maintenance of existing facilities with negligible or no expansion of existing usage. Additionally, the proposed project is Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.5 as part of a certified regulatory program and pursuant to CEQA Guidelines Sections 15250 and 15251(i) as work performed in compliance with the pesticide regulatory program administered by the Department of Pesticide Regulation and County Agricultural Commissioners.

FINANCIAL IMPACT:

Appropriations for the Contracts are included in Fund 400, OC Flood, FY 2023-24 Budget and will be included in the budgeting process for future years.

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 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

ATTACHMENT(S):

Attachment A - Contract MA-080-23011094 with Habitat Restoration Services, Inc.
Attachment B - Contract MA-080-23011094 with Quality Sprayers, Inc.
Attachment C - Contract Summary Form
Attachment D - Bid Summary
Attachment E - Public Resources Code Section 21080(b)(15)