Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors, Acting on behalf of the County and the Governing Board of County Service Areas No. 7 and No. 11
From: James C. Porter, Director of Public Works
Subject: Amendment to the Agreement with Bracewell Engineering, Inc.
RECOMMENDATION:
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Acting as the Governing Board of the County and County Service Areas No. 7 and No. 11, adopt a resolution authorizing an amendment to the agreement with Bracewell Engineering, Inc., to provide operation and maintenance services for County maintained small water and wastewater systems, extending the term of the agreement to October 22, 2020, and increasing the contract amount by $350,000 to $850,000.
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BACKGROUND:
On November 3, 2015, your Board adopted Resolution No. 074168, which authorized an agreement with Bracewell Engineering, Inc. (BEI) to provide operation and maintenance services for County maintained small water and wastewater systems for a period of three years through October 22, 2018 for a not-to-exceed amount of $500,000 (Agreement).
DISCUSSION:
BEI has been designated as the certified operator for the County Service Area No. 7 (CSA 7) and County Service Area No. 11 (CSA 11) water systems since October 2012.
The work authorized by the Department to date has been for amounts less than the not-to-exceed amount of the Agreement.
The Parks Department (Parks) has utilized the services of BEI on an as-needed basis. Parks has been able to retain an employee to maintain and operate the Memorial Park water and wastewater systems. However, Parks will continue to utilize the Agreement for as-needed services, if necessary.
State Regulators require certified operators for small water and wastewater systems. Without the professional services of an independent contractor, the Department cannot maintain and operate the CSA 7 and CSA 11 water systems.
Retaining a contractor to operate and provide services to the County’s small water and wastewater systems on a long-term basis will ensure that these small systems comply with State regulations, that the water systems continue to produce good quality drinking water and that the wastewater treatment plants continue to be adequately maintained to prevent contamination to the environment and public health.
The Department conducted a Request for Proposal (RFP) processes in 2012 and 2015 to solicitate proposals from contractors with expertise in the operation and maintenance of small water and wastewater system. In both cases, only proposals from BEI were considered responsive or received through the process. No other responsive proposals were received. The Department anticipates significant staff time would be required to issue another RFP for a new contract, and a similar outcome would likely occur.
At the request of the Department, BEI has provided revised rates and estimated budgets for the routine maintenance to be performed during the period of the proposed amendment. The revised rates and estimates are approximately 3.5-4% per year greater than the amounts contained in the Agreement. The proposed rates and budgets include cost adjustments for water quality monitoring to ensure compliance with Federal and State regulatory requirements, which have changed since execution of the Agreement.
The Department believes that the proposed rate and budget increases are justified since these have not been adjusted over the three years the Agreement has been in place. The amendment includes an increase to the Agreement not-to-exceed amount to account for potential increases due to operational changes (i.e., unanticipated water quality monitoring requirements, standard operating procedures for the newly completed well and storage tank in CSA 11, and the disinfection byproduct control system to be constructed this fall in CSA 7, etc.). Therefore, the Department is recommending an amendment increasing the not-to-exceed amount of the Agreement by $350,000 and extending the term of the Agreement to October 22, 2020 be authorized in order to maintain stability and consistent quality of service to the water and wastewater systems and their customers.
County Counsel has reviewed the Request for Proposals issued for the Agreement and approved the Resolution and Amendment as to form.
Approval of amendment contributes to the Shared Vision 2025 outcome of a Healthy Community by enabling the Department to provide the properly trained and certified personnel for delivering safe drinkable water and for protecting the environment with proper maintenance of wastewater infrastructure for the benefit of the public.
FISCAL IMPACT:
The amendment will increase the not-to-exceed amount of the Agreement by $350,000 to $850,000 and extend the term of the Agreement to October 22, 2020. Funds to pay for the services will be from the budgets of each water system and the Parks Fund.
There is no impact to the General Fund.