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Agenda Item
ASR
Control 19-001089 |
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MEETING DATE: |
12/10/19 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
2, 3, 4, 5 |
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SUBMITTING
Agency/Department: |
OC Waste & Recycling (Approved) |
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Department contact
person(s): |
Tom Koutroulis (714) 834-4122 |
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Lisa Smith (714) 834-4357 |
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Subject: Renew and Amend Contract for
Hazardous Waste Collection and Disposal Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$2,362,500 |
Annual Cost:
FY 2020-21 $3,307,500 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 12/13/2016
#50 |
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RECOMMENDED ACTION(S):
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1. |
Approve Amendment Number Three to Contract with Clean Harbors Environmental Services, Inc. to add Call2Recycle Battery Recycling Program for rechargeable batteries, corresponding rebate rate and additional subcontractors. |
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2. |
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 $5,670,000, for a cumulative total of $22,680,000, renewable for one additional year in an amount not to exceed $5,670,000. |
SUMMARY:
Renewing and amending the Contract with Clean Harbors Environmental Services, Inc. for hazardous waste collection and disposal services will support the implementation of the Call2Recycle Battery Recycling Program and will continue to provide enhanced services at the landfill, promote environmental protection and 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.
On December 13, 2016, the Board of Supervisors (Board) approved Contract MA-299-17010655 (Contract) with Clean Harbors Environmental Services, Inc. (Clean Harbors) 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 $17,010,000, renewable for two additional one-year periods in an amount not exceed $5,670,000 each year. The Contract provides the collection and disposal of household hazardous waste received at OCWR’s four Regional Household Hazardous Waste Collection Centers (HHWCCs) as well as the Load Check Program at the County's three active landfills. The Contract also includes staffing, collection, packaging, transportation, disposal of household hazardous waste collected at the HHWCCs and quarterly shipments of diverted household hazardous waste from the Load Check Program.
Over the course of the last three years, two amendments have been issued in accordance with the Contract’s Terms and Conditions. Amendment Number One was issued to revise Exhibit C, Attachment 1, Contractor Statement of Charges, to update authorized charges listed in Part I, Standard Services, Section E, Treatment and Disposal, Item Number 24, as shown in the following table:
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Miscellaneous
Waste Types |
Original
Charge per Gallon Drum
(GD) |
New Charge
per Gallon Drum
(GD) |
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PCB Ballasts (incineration) |
$300/5GD |
$62/5GD |
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PCB Ballasts (recycle) |
$245/5GD |
$62/5GD |
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PCB Ballasts (incineration) |
N/A |
$300/30GD |
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PCB Ballasts (recycle) |
N/A |
$245/30GD |
Amendment Number One also updated Exhibit D, Subcontractor Services, to add Phibro-Tech, Inc. as an additional contractor for the treatment of bulk hazardous (acidic or alkaline) water. Article P, the Insurance Provision of the General Terms and Conditions, was updated to include language requiring Clean Harbors to provide Additional Insured and primary non-contributory endorsements for the Pollution Liability policy. There was no increase to the Contract monetary limit resulting from the revisions included in Amendment Number One.
Amendment Number Two was issued to revise Exhibit C, Attachment 1, Contractor Statement of Charges, to update authorized charges listed in Part I, Standard Services, Section E, Treatment and Disposal, to include a $10.00 electronic manifest fee required by the Environmental Protection Agency (EPA) for the implementation of electronic manifests on all treatment, storage and disposal facilities. There was no increase to the Contract monetary limit resulting from the revisions included in Amendment Number Two.
OCWR is requesting approval of Amendment Number Three to implement the Call2Recycle Battery Recycling Program (Call2Recycle) and to update EPA electronic manifest fees. Call2Recycle is a battery stewardship program that manages the collection, transportation and recycling of rechargeable batteries. By adding Call2Recycle to the Contract, Clean Harbors will credit OCWR 75 percent of the rebate incentives they receive from Call2Recycle, which is anticipated to result in an annual credit of approximately $51,000 to OCWR. The contractually authorized manifest fees are increasing to $20.00 to directly reflect the EPA’s recent increase to electronic manifest fees. No increase to the Contract annual monetary limit will result from implementing Call2Recycle and the electronic manifest fee increase.
Amendment Number Three will also renew the Contract for one year, effective February 1, 2020, through January 31, 2021 in an amount not to exceed $5,670,000, for a cumulative total of $22,680,000, renewable for one additional year in an amount not to exceed $5,670,000. This renewal will provide continuous household hazardous waste collection, which is a necessary component of environmentally responsible waste diversion and disposal. Orange County residents can continue to bring their household hazardous waste items such as electronic equipment, batteries, paint, motor oil and yard care products to the HHWCCs, free of charge, where a qualified hazardous waste disposal contractor will provide collection, packaging, transportation and disposal of this material to prevent it from entering the landfills, protect the environment and comply with applicable state and federal laws and regulations.
The Contractor’s performance has been confirmed as at least satisfactory. 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.
This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.
Compliance with CEQA: On December 13, 2016, the Board found that 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 is consistent with this determination.
FINANCIAL IMPACT:
Appropriations for this Contract are included in OCWR’s Enterprise Fund 299 FY 2019-20 Budget 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 - MA-299-17010655 Clean Harbors Environmental
Services, Inc. Redline
Attachment B - MA-299-17010655 Clean Harbors Environmental Services, Inc.
Amendment Number Three
Attachment C - Contract Summary Form