Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000650

 

MEETING DATE:

10/08/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

James Treadaway (714) 667-9700 

 

 

Dylan Wright (714) 480-2788

 

 

Subject:  Approve Retroactive Payment to MTM Construction, Inc.

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Concur with Recommendation

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $37,124

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 406: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         11/3/2020 #24, 6/29/2010 #21

 

RECOMMENDED ACTION(S):

 

Approve Purchase Order for retroactive payment to MTM Construction, Inc. in the amount of $37,124 for the John D. Cooper Center Heating, Ventilation, Air Conditioning & Roofing Replacement Project.

 

 

 

SUMMARY:

 

Retroactive approval of the Purchase Order will authorize final payment to MTM Construction, Inc. for the John D. Cooper Center Heating, Ventilation, Air Conditioning & Roofing Replacement Project, which improved storage conditions for artifacts housed within the building.

 

 

 

BACKGROUND INFORMATION:

 

OC Community Resources/OC Parks (OCCR/OC Parks) operates and manages the John D. Cooper Archaeological and Paleontological Center (Cooper Center), which houses the County of Orange (County) Paleontology and Archaeology Collection. The collection includes Orange County fossils dating as far back as the Jurassic Period, over 145 million years ago, and the archaeology collection represents the largest assemblage of archaeological materials relating to the peopling of Orange County with accompanying notes, maps and photos. OCCR/OC Parks is committed to the preservation, curation and management of these fossils and artifacts within Orange County for scientific research, outreach and education.

 

On June 29, 2010, the Job Order Contract (JOC) program was established to expedite the completion of repair and rehabilitation projects involving existing County facilities and structures. OC Public Works utilizes JOCs to provide services to multiple agencies on an as-needed basis.

 

On November 3, 2020, the Board of Supervisors (Board) approved Contract MA-080-21010365 with MTM Construction, Inc. (Contractor) for a JOC for General Contracting Services, effective December 12, 2020, through December 11, 2021, in an amount not to exceed $5 million.

 

On August 31, 2021, OC Public Works issued a Task Order and Document Order DO-012-22013816 to the Contractor for the Cooper Center Heating, Ventilation, Air Conditioning (HVAC) & Roofing Replacement (Project) in an amount not to exceed $584,916. The Notice to Proceed was issued on September 7, 2021. The Project Scope of Work included, but was not limited to, the removal of the existing rooftop HVAC unit, replacement with a new ground-mounted HVAC unit and main branch ductwork and the addition of two new HVAC systems to serve the open lab areas that did not have a temperature control system.

 

On June 9, 2022, OC Public Works issued Supplemental Document Order DO-012-22013816 in the amount of $58,006 to the Contractor for additional services. to repair unanticipated deterioration discovered during the Project.

 

The Project experienced multiple delays primarily due to supply chain challenges and logistic constraints exacerbated by the COVID-19 pandemic. While originally scheduled to start on September 27, 2021, and be completed by January 27, 2022, actual construction began on February 1, 2022. Despite the completion of the initial phase of construction work in November 2022, the replacement of the critical Liebert HVAC unit faced significant delays. Supply chain issues delayed the delivery of the unit to June 2023 from an earlier anticipated date of April 2023. Additional complications included a gas leak, supplemental work and multiple project management transitions. The Liebert HVAC unit installation and subsequent testing were completed in July 2023. The Notice of Completion filed on April 9, 2024, reflected a completion date of August 30, 2023, as it took additional time to close out punch-list items following the final phase of work.

 

OC Public Works recommends retroactive Board approval of Purchase Order (PO) PO-012-25010132 to pay the remaining amount of $37,124 that is due to the Contractor for the Project. Funds previously approved via DO-012-22013816 cannot be utilized as the DO has expired. OC Public Works has conducted a review of its contract tracking processes and OC Public Works project managers will closely monitor contract expiration dates and capacity available prior to the issuance of future Task Orders.

 

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 does not commit the County to a definite course of action in regard to a project since approval of the PO will authorize retroactive payment to the Contractor for the Project. 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 the PO will be absorbed in Fund 406, OC Parks, FY 2024-25 Budget.

 

 

 

STAFFING IMPACT:

 

N/A

 

REVIEWING AGENCIES:

 

OC Community Resources/OC Parks

 

ATTACHMENT(S):

 

Attachment A - Purchase Order PO-012-25010132 with MTM Construction, Inc.