AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 20-001104
MEETING DATE:	02/09/21
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Amanda Carr (714) 955-0601
	Kimberly Buss (714) 955-0677

Subject: Approve Amendment No. 3 to Contract for Environmental Clean-Up 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: $65,753

Annual Cost: FY 2021-22 $184,247

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Budget Control 034: 100%	County Audit in last 3 years: No

Prior Board Action: 2/11/2020 #15, 5/22/2018 #47, 2/14/2017 #30

RECOMMENDED ACTION(S):

Find that the project is categorically exempt from CEQA, Class 30 (Minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance), pursuant to CEQA Guidelines, Section 15330.

Authorize the County Procurement Officer or authorized Deputy to execute Amendment No. 3 to the aggregate contract with Clean Harbors Environmental Services, Inc.; Environmental Logistics, Inc.; and Ocean Blue Environmental Services, Inc. for On-Call Environmental Clean-up Services, effective March 27, 2021, through March 26, 2022, in an aggregate amount of $250,000 for a revised cumulative aggregate contract total amount not to exceed $2,000,000.

SUMMARY:

Approval of Amendment No. 3 to the aggregate contract with Clean Harbors Environmental Services, Inc.; Environmental Logistics, Inc.; and Ocean Blue Environmental Services, Inc. for On-Call Environmental Cleanup Services will allow OC Public Works to respond to environmental emergencies on an as-needed basis in Orange County and the 31 cities that have executed agreements for pollution response assistance, which will help foster clean and safe conditions in the County of Orange and at Orange County Flood Control District facilities.

BACKGROUND INFORMATION:

OC Public Works responds on a 24-hour per day emergency basis to spills, releases and discharges of materials into the County of Orange (County) right-of-way and the Orange County Flood Control District (District) properties that may present a hazard to public health and/or the environment and require clean-up. The responsible party is held accountable for performing the clean-up in most cases. The role of OC Public Works is to ensure the responsible party has performed satisfactorily to restore impacted areas of County and District properties to their pre-existing conditions. However, when the responsible party is not immediately identified, not available or is not willing to assume responsibility, OC Public Works conducts the clean-up to protect public health and/or the environment and assure compliance with the municipal stormwater permit, then seeks cost recovery whenever possible. In order to respond to these incidents in a timely manner, the contractor with the most appropriate and cost-effective resources is selected to provide clean-up support.

On February 14, 2017, after a competitive bidding process, the Board of Supervisors (Board) approved aggregate Contract MA-080-17011161 with United Pumping Service Inc.; Clean Harbors Environmental Services, Inc.; Environmental Logistics, Inc.; and Ocean Blue Environmental Services, Inc. to provide On-Call Environmental Clean-up Services (Services) in an aggregate amount not to exceed $1.5 million, renewable for two additional one-year terms.

On May 22, 2018, the Board approved Amendment No. 1 to the aggregate contract with United Pumping Service Inc.; Clean Harbors Environmental Services, Inc.; Environmental Logistics, Inc.; and Ocean Blue Environmental Services, Inc. for Services effective March 27, 2017, through March 26, 2020, to add a clause to the aggregate contract allowing for billing by contractors for emergency clean-up charges and any related disposal charges at cost plus any surcharge not to exceed 15 percent under Section II.G of the contract, additional services and work.

On January 7, 2020, after discussions with United Pumping Service Inc. regarding contract renewal, OC Public Works notified United Pumping Service Inc. that the County did not agree to the proposed contract changes, including to increase the cost of personnel rates and would not exercise its option to renew the contract.

On February 11, 2020, the Board approved Amendment No. 2 to the aggregate contract with Clean Harbors Environmental Services, Inc., Environmental Logistics, Inc. and Ocean Blue Environmental Services, Inc. (Contractors) for Services effective March 27, 2020, through March 26, 2021, in an aggregate amount of $250,000 for a revised cumulative aggregate contract total amount not to exceed $1.75 million, renewable for one additional one-year term.

Previous Request

March 27, 2020 – March 26, 2021

Current Request

March 27, 2021 – March 26, 2022

Contractors

Requested Contract

Amounts

Usage

Contractors

Requested Contract Amounts

Anticipated

Usage

$250,000

$230,000

$250,000

OC Public Works is recommending Board approval to authorize the County Procurement Officer or authorized Deputy to execute Amendment No. 3 to the aggregate contract with the Contractors for Services, effective March 27, 2021, through March 26, 2022, in an aggregate amount not to exceed $250,000 for a revised cumulative aggregate contract total amount not to exceed $2 million. The work is assigned to whichever contractor is available and, depending upon the request, work can be assigned to multiple contractors at the same time.

The Contractors' performances have been confirmed as satisfactory. OC Public Works has verified there are no concerns that must be addressed with respect to the Contractors' ownerships/names, litigation status or conflicts with County interests.

This aggregate contract does not currently include subcontractors or pass through to other providers. See Attachment G for information regarding subcontractors and Contract Summary Form.

Prior to expiration of the contract, OC Public Works plans to issue a solicitation to provide Services.

OC Public Works is procuring theses Services under the 2019 Contract Policy Manual Section 3.3-102.

Compliance with CEQA: The proposed project is Categorically Exempt from CEQA pursuant to Section 15330 (Class 30) of the of the CEQA Guidelines that provides for the minor cleanup actions taken to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of a hazardous waste or substance.

FINANCIAL IMPACT:

Appropriations for the aggregate contract are included in the FY 2020-21 Budget for Budget Control 034 and will be included in the budgeting process for future years.

The aggregate 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 the contract. If such appropriations are not approved, the contract may be immediately terminated without penalty to the County.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Amendment No. 3 to Contract MA-080-17011161 with Clean Harbors Environmental Services, Inc.
Attachment B - Redline Contract MA-080-17011161 with Clean Harbors Environmental Services, Inc.
Attachment C - Amendment No 3. to Contract MA-080-17011161 with Environmental Logistics, Inc.
Attachment D - Redline Contract MA-080-17011161 with Environmental Logistics, Inc.
Attachment E - Amendment No. 3 to Contract MA-080-17011161 with Ocean Blue Environmental Services, Inc.
Attachment F - Redline Contract MA-080-17011161 with Ocean Blue Environmental Services, Inc.
Attachment G - Contract Summary Form