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Home My WebLink About25H - AMENDMENT FOR ENVIROMENTAL SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 21, 2020 CLERK OF COUNCIL USE ONLY: APPROVED TITLE: APPROVE FOURTH AMENDMENT TO THE ❑ As Recommended AGREEMENT WITH OCEAN BLUE ElAmended ❑ OOrrdinance on 11' Reading ENVIRONMENTAL SERVICES, INC. AND ❑ Ordinance on 2n° Reading FIRST AMENDMENT TO THE AGREEMENT ❑ Implementing Resolution WITH UNITED STORM WATER, INC. FOR ❑ Set Public Hearing For_ SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES (INCREASE OF $50,000 TO EACH CONTRACT) /s/Kristine CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager to execute a Fourth Amendment to the Agreement with Ocean Blue Environmental Services, Inc. to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $50,000, and increase the annual expenditure amount for the one- year extension term ending June 19, 2021, by $50,000, for a total increase of $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. Authorize the City Manager to execute a First Amendment to the Agreement with United Storm Water, Inc. to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $50,000, and increase the annual expenditure amount for the one-year extension term ending June 19, 2021, by $50,000, for a total increase of $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The National Pollutant Discharge Elimination System (NPDES) Permit Program was established through an amendment of the Federal Clean Water Act in 1987. The Program's goal is to reduce pollutants discharged in urban runoff to waters of the United States to the Maximum Extent Practicable. In California, NPDES Permits are regulated by the State Water Resources Control Board through its nine Regional Water Quality Control Boards. Compliance with the City's Municipal NPDES Permit includes the routine cleaning of all City -owned storm drain facilities and the removal of hazardous materials and pollutant spills that could potentially discharge into the City's storm drain system. 25H-1 Agreement Amendments with Ocean Blue Environmental Services and United Storm Water, Inc. April 21, 2020 Page 2 The City of Santa Ana entered into agreements with Ocean Blue Environmental Services, Inc. and United Storm Water, Inc. on June 20, 2017. The primary function of these agreements is for City - owned storm drain facility cleaning and hazardous materials spill response and pickup. Ocean Blue Environmental Services, Inc. also provides crime scene cleanup and jail cell decontamination services for the Santa Ana Police Department. On September 18, 2018, the first amendment to the agreement with Ocean Blue Environmental Services, Inc. was approved to expand the scope of services to include crime scene cleanup and jail cell decontamination services and to increase the amount to be expended by $30,000 per year, including the optional extension periods. On July 16, 2019, the second amendment to the agreement with Ocean Blue Environmental Services, Inc. was approved to further increase the annual expenditure amount by $57,000 for the remaining FY 2019-20 term and $45,000 for the optional extension in FY 2020-21. On September 24, 2019, the third amendment to the agreement with Ocean Blue Environmental Services, Inc. was executed. However, it was subsequently nullified and did not go into effect. There is now a need to increase the annual expenditure amount for each agreement for more frequent storm drain facility cleanings. There is also a need to amend the scope of work for United Storm Water Inc. to include the installation of metal gates to prohibit access to storm drain pipes. Annual expenditure amounts for each agreement will increase by $50,000 for both the remaining FY 2019-20 terms and the extension periods in FY 2020-21. The allocation for the Public Works Agency will increase to $275,000 annually for Ocean Blue Environmental Services, Inc. and $300,000 annually for United Stormwater, Inc. The allocation for the Police Department will remain at $112,000 for FY 2019-20 and $100,000 for the extension period in FY 2020-21 for crime scene cleanup and jail cell decontamination services. The optional extension periods are being exercised and have been incorporated into the Agreement amendments, extending both of these agreements until June 19, 2021. The total budget over the lifetime of the agreement with Ocean Blue Environmental Services, Inc. is $1,292,000. The total budget over the lifetime of the agreement with United Storm Water, Inc. is $1,100,000 (Exhibits 1 and 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 6 - Community Facilities & Infrastructure, Objective # 1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The current agreements approve expenditures as follows for FY 2019-20: $337,000 for Ocean Blue Environmental Services, Inc. —allocating $225,000 for the Public Works Agency and $112,000 25H-2 Agreement Amendments with Ocean Blue Environmental Services and United Storm Water, Inc. April 21, 2020 Page 3 for the Police Department; $250,000 for United Storm Water Inc. — allocating the full amount to the Public Works Agency. The requested amendment will increase the Public Works Agency annual allocation for each agreement as follows: for the agreement with Ocean Blue Environmental Services Inc. by $50,000 to $275,000 in FY 2019-20 and FY 2020-21 and for the agreement with United Storm Water Inc. by $50,000 to $300,00 in FY 2019-20 and FY 2020-21. Sufficient funds are included in the approved FY 2019-20 budget in the accounts listed below and will be budgeted in FY 2020-21, as depicted, including the extension period. Ocean Blue Environmental Services, Inc. Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account Description Amount No. Federal Clean Water FY19-20 05717640-62300 Federal Clean Water Protection Enterprise, $275,000 Protection Enterprise Contract Services - Professional FY19-20 01114475-62300 General Fund Jail Operations, Contract $62,000 Services -Professional FY19-20 01114420-62300 General Fund Field Operations, Contract $50,000 Services -Professional FY19-20 SUBTOTAL: $387,000 EXTENSION PERIOD Federal Clean Water FY20-21 05717640-62300 Federal Clean Water Protection Enterprise, $275,000 Protection Enterprise Contract Services - Professional FY20-21 01114475-62300 General Fund Jail Operations, Contract $50,000 Services -Professional FY20-21 01114420-62300 General Fund Field Operations, Contract $50,000 Services -Professional FY20-21 SUBTOTAL: $375,000 25H-3 Agreement Amendments with Ocean Blue Environmental Services and United Storm Water, Inc. April 21, 2020 Page 4 United Storm Water, Inc. Fiscal Accounting Accounting Unit, Account Year Unit — Account Fund Description Description Amount No. Federal Clean Water FY19-20 05717640-62300 Federal Clean Water Protection Enterprise, $270,000 Protection Enterprise Contract Services - Professional Refuse Collection Refuse Collection Services, FY19-20 06917640-62300 Services Contract Services- $30,000 Professional FY19-20 SUBTOTAL: $300,000 EXTENSION PERIOD Federal Clean Water FY20-21 05717640-62300 Federal Clean Water Protection Enterprise, $270,000 Protection Enterprise Contract Services - Professional Refuse Collection Refuse Collection Services, FY20-21 06917640-62300 Services Contract Services- $30,000 Professional FY20-21 SUBTOTAL: $300,000 NS/CF Exhibits: 1. Fourth Agreement Amendment with Ocean Blue Environmental Services, Inc. 2. First Agreement Amendment with United Storm Water, Inc. 25H-4 iacu 1151 FOURTH AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on April 21, 2020, by and between Ocean Blue Environmental Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-156, dated June 20, 2017, by which Consultant agreed to provide spill response and storm drain facility cleaning services ("Agreement'). The original term of the Agreement was for two years and has been extended for the additional one-year period ending June 19, 2020, with provision for one additional year. B. The primary purpose of the Agreement is for spill response and storm drain facility cleaning services, though related services are also provided under the Agreement for crime scene cleanup and jail cell decontamination at the direction of the Santa Ana Police Department. C. On September 18, 2018, the parties entered into First Amendment No. A-2018-226, by which the Agreement was amended to expand the scope of services and adjust the amount to be expended under the Agreement. D. On July 16, 2019, the parties entered into Second Amendment No. A-2019-116, by which the Agreement was amended to adjust the amount to be expended under the Agreement. E. On September 24, 2019, the parties entered into Third Amendment No. A-2019-193, by which the Agreement was amended to expand the scope of services and adjust the amount to be expended under the Agreement. The Third Amendment was subsequently nullified by the Parties and never took effect. F. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $337,000 to $387,000 for the one-year term ending on June 19, 2020. This increased amount may be utilized to pay Consultant for work completed during the original term of the Agreement. For the one-year term ending on June 19, 2021, the not -to -exceed expenditure shall be increased from $325,000 to $375,000. 2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional one-year term ending on June 19, 2021. Page 1 of 2 25H-5 3. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS W IEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:_• n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Acting Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Name:JUSTIN LEE Title: TREASURER RECOMMENDED FOR APPROVAL David Valentin Chief of Police Santa Ana Police Department Page 2 of 2 25H-6 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 21, 2020, by and between United Storm Water, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-157, dated June 20, 2017, by which Consultant agreed to provide spill response and storm drain facility cleaning services ("Agreement'). The original term of the Agreement was for two years and has been extended for the additional one-year period ending June 19, 2020, with provision for one additional year. B. The primary purpose of the Agreement is for spill response and storm drain facility cleaning services, though related services are also provided under the Agreement for hazardous waste pickup and disposal. C. The parties now wish to amend the scope of services and to increase the amount to be expended under the Agreement. The Parties therefore agree: Section 1, Scope of Services, is amended to include the installation of metal gates over stormdrain outfall pipes, as further described on Exhibit A. 2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $250,000 to $300,000 for the one-year term ending on June 19, 2020. For the one year -term ending on June 19, 2021, the not -to -exceed expenditure shall also be increased from $250,000 to $300,000. 3. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional one-year term ending on June 19, 2021. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in fill force and effect. Pagel of 3 25H-7 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:_ M n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Acting Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Nam�c EduardO rry Title: President Page 2 of 3 25H-8 EXHIBIT A A. STORMDRAIN OUTFALL GATE INSTALLATION 1. Procure and install metal gates over stormdrain outfall pipes. At a minimum, metal gates shall: a. Prohibit access by the public into stormdrain outfall pipes; b. Have a tamper -proof locking mechanism for dry weather conditions; c. Be capable of opening freely during storm conditions and/or a debris blockage; d. Be made of material strong enough to withstand potential vandalism. 2. Stomldrain outfall gates must be designed and stamped by a licensed Professional Engineer in the State of California: a. Stormdrain outfall gate design must be approved by the City prior to installation; b. The City may request supporting calculations to demonstrate the effectiveness and applicability of the design. 3. Contractor may use subcontractors to provide these services: a. Subcontractor cost markup shall not exceed the original amount agreed upon in the fee schedule; b. Subcontractor services must be approved by the City prior to use. Page 3 of 3 25H-9