Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000919

 

MEETING DATE:

12/07/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

2, 3, 4, 5

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Tom Koutroulis (714) 834-4122 

 

 

Lisa Smith (714) 834-4357

 

 

Subject:  Approve Contract for Hazardous Waste Collection and Disposal 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: $3,100,000

Annual Cost: FY 2022-23 $7,270,000
FY 2023-24 $7,270,000
FY 2024-25 $4,170,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: Fund 299: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 12/15/2020 #31, 7/14/2020 #24, 12/10/2019 #24, 12/13/2016 #50

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Class 8 (Actions by Regulatory Agencies for the Protection of the Environment) pursuant to CEQA Guidelines section 15308.

 

2.

Authorize the County Procurement Officer or authorized Deputy to execute contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services for three years, effective February 1, 2022, through January 31, 2025, in an amount not to exceed $21,810,000, with unused funds to be carried over from year to year, renewable for one additional two-year term.

 

 

 

 

SUMMARY:

 

Authorization to execute contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services will continue to provide enhanced services at the three active landfills and four household hazardous waste collection centers, promote environmental protection and maintain compliance with state and federal regulatory requirements.

 

 

 

BACKGROUND INFORMATION:

 

OC Waste & Recycling (OCWR) is responsible for managing the County's solid waste disposal system. The system consists of three active regional landfill operations, 21 closed solid waste disposal sites and four household hazardous waste collection centers (HHWCC).

 

Approval of Contract MA-299-22010076 with Clean Harbors Environmental Services, Inc. will provide for collection and disposal of household hazardous waste received at OCWR’s four regional HHWCCs, as well as the load check program at the County's three active landfills. OCWR currently contracts for the staffing, collection, packaging, transportation and disposal of household hazardous waste collected at the HHWCCs, shipments of diverted household hazardous waste from the load check program and the disposal of condensate, leachate and groundwater (landfill liquids) generated by the landfills. The HHWCCs also offer a material reuse program where qualifying household products are available to residents at no cost.

 

Household hazardous waste collection is a necessary component of environmentally responsible waste diversion and disposal. Orange County residents can bring their household hazardous waste items such as electronic equipment, batteries, paint, motor oil and yard-care products to any of the four HHWCCs, free of charge. Over the course of five years, from 2016 to 2021, 27,000 tons of household hazardous waste were collected at the four HHWCCs. It is imperative to have a qualified hazardous waste disposal contractor to provide the proper collection, packaging, transportation and disposal of this material to protect the environment, prevent the hazardous waste from entering the landfills and maintaining compliance with applicable state and federal laws and regulations.

 

On July 15, 2021, OCWR issued a Request for Proposal (RFP) for hazardous waste collection and disposal services. The RFP was advertised on the County's online bidding site (Periscope) and three proposals were received. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. None of the three proposals submitted was OCPP qualified: none of the corporations who submitted proposals are located within the County of Orange or qualify as “small”; and none of the submitting corporations are registered as Disabled Veteran Business Enterprises. A five-member evaluation panel with subject matter expertise reviewed and rated the proposals. Based upon the criteria and evaluation procedures set forth in the RFP, all three proposers were invited to participate in the oral portion of the RFP process. As a result of both the written and oral portions of the RFP, the evaluation panel has recommended the contract for hazardous waste collection and disposal services be awarded to Clean Harbors Environmental Services, Inc. A summary of the evaluations is attached as Attachment D.

 

Clean Harbors Environmental Services, Inc. is the incumbent contractor currently providing hazardous waste collection and disposal services and has consistently performed as at least satisfactory over the last five years. OCWR procurement staff conducted due diligence on Clean Harbors Environmental Services, Inc. Reference checks were satisfactory and completed with Kern County, the City of Chula Vista and the County of San Diego regarding similar services.  Additionally, OCWR has verified there are no concerns that must be addressed with respect to contractor’s ownership/name, litigation status or conflicts with County interests.

 

The actions by the Board of Supervisors (Board) as they pertain to the current contract for hazardous waste collection and disposal services include:

 

Date of Board Approval

Contract/

Amendment

Details

December 13, 2016

Contract

Authorize the County Procurement Officer or authorized Deputy to execute a contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services for a three-year term effective February 1, 2017, through January 31, 2020, in an amount not to exceed $5.67 million per year, for a cumulative total of $17.01 million, renewable for two additional one-year terms in an amount not to exceed $5.67 million per year.

December 10, 2019

Amendment

Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Three to renew and amend contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services for one year effective February 1, 2020, through January 31, 2021, in an amount not to exceed $5.67 million, for a cumulative total of $22.68 million, renewable for one additional year in an amount not to exceed $5.67 million. Also included adding the Call2Recycle Battery Program.

July 14, 2020

Amendment

Authorize the County Procurement Officer or authorized Deputy to execute Contract Amendment Number Four with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services, increasing the not to exceed amount by $1.6 million, effective upon Board approval through January 31, 2021, for a revised annual amount not to exceed $7.27 million, and a revised cumulative contract total not to exceed $24.28 million.

December 15, 2020

Amendment

Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number Five to renew and amend contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services for one-year, effective February 1, 2021, through January 31, 2022, in an amount not to exceed $7.27 million, with unused funds to be carried over from contract year number four, not to exceed the revised cumulative contract total of $31.55 million.

 

OCWR is requesting authorization to execute Contract MA-299-22010076 with Clean Harbors Environmental Services, Inc. for a three-year term in an amount not to exceed $21.81 million, carrying over unused funds from year to year, with the option to renew for one additional two-year term in an amount not to exceed $14.54 million.

 

This contract includes subcontractors. See Attachment B, Contract Summary Form, for information regarding subcontractors.

 

Compliance with CEQA: The proposed project is Categorically Exempt (Class 8) from the provisions of CEQA pursuant to Section 15308, since Class 8 (Actions by Regulatory Agencies for Protection of the Environment) consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or the protection of the environment where the regulatory process involves procedures for protection of the environment. Approval of the contract for hazardous waste collection and disposal services will ensure proper collection and disposal of household hazardous waste, thereby ensuring protection of the environment in compliance with state and federal regulations, which is consistent with a Class 8 Categorical Exemption determination.   

 

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the FY 2021-22 Budget for OC Waste & Recycling, Fund 299, 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

 

ATTACHMENT(S):

 

Attachment A - Contract MA-299-22010076 Clean Harbors Environmental Services, Inc.
Attachment B - Contract Summary Form
Attachment C - Evaluation Score Sheets
Attachment D - Evaluation Summary