HomeMy WebLinkAboutItem 15 - Amendments with Ocean Blue Environmental Services, Inc., & United Storm Water, Inc.Public Works Agency
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Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 5, 2021
TOPIC: Agreement Amendments with Ocean Blue Environmental Services, Inc., and
United Storm Water, Inc.
AGENDA TITLE
Approve Agreement Amendments with Ocean Blue Environmental Services, Inc., and
United Storm Water, Inc., for COVID-19 Sanitization Services (Non -General Fund)
(Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to execute a first amendment to the agreement with Ocean
Blue Environmental Services, Inc., to provide COVID-19 Sanitization Services and
increase the annual expenditure amount for the FY 2021-22 term by $250,000, for a
total aggregate amount not to exceed $2,000,000, including the optional extension
period, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager to execute a first amendment to the agreement with United
Storm Water, Inc., to provide COVID-19 Sanitization Services and increase the annual
expenditure amount for the FY 2021-22 term by $250,000, for a total aggregate
amount not to exceed $2,000,000, including the optional extension period, subject to
non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In response to the COVID-19 pandemic in 2020, Ocean Blue Environmental Services,
Inc. and United Storm Water, Inc. provided COVID-19 sanitation services throughout the
public right-of-way and at City -owned facilities to help reduce community transmission of
COVID-19. An extensive sanitization program was established which included the routine
sanitization of bus shelters citywide, municipal facilities, parks, City -owned parking
structures, and public right-of-way segments in Downtown Santa Ana.
On June 15, 2021, the City entered into new agreements with Ocean Blue Environmental
Services, Inc., and United Storm Water, Inc. for spill response, hazardous waste disposal,
and storm drain facility maintenance services. As Santa Ana has historically been one of
the cities with the highest number of daily COVID-19 cases in Orange County, there is a
need to amend these agreements to again provide COVID-19 sanitization services to help
Agreement Amendments with Ocean Blue Environmental & United Stormwater
October 5, 2021
Page 2
reduce community transmission of COVID-19 and variants. A COVID-19 sanitization
schedule will be developed, similar to the schedule implemented in 2020, which will focus
on the routine sanitization at congregate settings, such as bus shelters, street furniture,
and high -contact surfaces. This project will be funded using federal American Rescue
Plan Act (ARPA) funding.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for expenditure in Fiscal Year 2021-22 and will be budgeted in
subsequent fiscal years as shown below in the estimated spending plan:
Ocean Blue Environmental Services, Inc.
Agreement Term (June 15, 2021, through June 14, 2024)
Fiscal
Accounting
Fund
Accounting Unit,
Year
Unit —
Description
Account Description
Amount
Account No.
Federal Clean
Federal Clean Water
2020-21
05717640-
Water
Protection Enterprise,
$12,500
(June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2021-22
07413250-
Civic Center
Maintenance,
$2,500
(June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Federal Clean
Federal Clean Water
2021-22
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2021-22
07413250-
Civic Center
Maintenance,
$50,000
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Federal Clean
Federal Clean Water
2022-23
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2022-23
07413250-
Civic Center
Maintenance,
$50,000
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Agreement Amendments with Ocean Blue Environmental & United Stormwater
October 5, 2021
Page 3
Ocean Blue Environmental Services, Inc.
Fiscal
Accounting
Fund
Accounting Unit,
Year
Unit —
Description
Account Description
Amount
Account No.
Federal Clean
Federal Clean Water
2023-24
05717640-
Water
Protection Enterprise,
$287,500
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2023-24
07413250-
Civic Center
Maintenance,
$47,500
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Previously Approved Funding:
$1,050,000
First Amendment
2021-22
18117013-
American
ARPA — PWA,
(Oct. -June)
62300
Rescue Plan
Contract Services-
$250,000
22-1307
Act ARPA
Professional
Amended FY 2021-22 Funding:
$250,000
3-Year Agreement Term - SUBTOTAL:
$1,300,000
Optional Extension Period (June 15, 2024, through June 14, 2026)
Federal Clean
Federal Clean Water
2023-24
05717640-
Water
Protection Enterprise,
$12,500
(June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2023-24
07413250-
Civic Center
Maintenance,
$2,500
(June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Federal Clean
Federal Clean Water
2024-25
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2024-25
07413250-
Civic Center
Maintenance,
$50,000
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Federal Clean
Federal Clean Water
2025-26
05717640-
Water
Protection Enterprise,
$287,500
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Agreement Amendments with Ocean Blue Environmental & United Stormwater
October 5, 2021
Page 4
Ocean Blue Environmental Services, Inc.
Fiscal
Accounting
Fund
Accounting Unit,
Year
Account No. Unit —
Description
Account Description
Amount
Civic Center -Regular
2025-26
07413250-
Civic Center
Maintenance,
$47,500
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
2-Year Extension Funding (Previously Approved) - SUBTOTAL:
$700,000
AGREEMENT TOTAL:
$2,000,000
United Storm Water, Inc.
Agreement Term (June 15, 2021, through June 14, 2024)
Fiscal
Accounting
Fund
Accounting Unit,
Year
Unit —
Description
Account Description
Amount
Account No.
Federal Clean
Federal Clean Water
2020-21
05717640-
Water
Protection Enterprise,
$12,500
(June)
62300
Protection
Contract Services -
Enterprise
Professional
2020-21
06917940-
Refuse
Refuse Collection
(June)
62300
Collection
Service, Contract
$2,500
Service
Services -Professional
Federal Clean
Federal Clean Water
2021-22
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
2021-22
06917940-
Refuse
Refuse Collection
(July -June)
62300
Collection
Service, Contract
$50,000
Service
Services -Professional
Federal Clean
Federal Clean Water
2022-23
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
2022-23
06917940-
Refuse
Refuse Collection
(July -June)
62300
Collection
Service, Contract
$50,000
Service
Services -Professional
Federal Clean
Federal Clean Water
2023-24
05717640-
Water
Protection Enterprise,
$287,500
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Agreement Amendments with Ocean Blue Environmental & United Stormwater
October 5, 2021
Page 5
United Storm Water, Inc.
Fiscal
Accounting
Fund
Accounting Unit,
Year
Unit —
Description
Account Description
Amount
Account No.
2023-24
06917940-
Refuse
Refuse Collection
(July -June)
62300
Collection
Service, Contract
$47,500
Service
Services -Professional
Previously Approved Funding:
$1,050,000
First Amendment
2021-22
18117013-
American
ARPA — PWA,
(Oct. -June)
62300
Rescue Plan
Contract Services-
$250,000
22-1307
Act ARPA
Professional
Amended FY 2021-22 Funding:
$250,000
3-Year Agreement Term - SUBTOTAL:
$1,300,000
Optional Extension Period (June 15, 2024, through June 14, 2026)
Federal Clean
Federal Clean Water
2023-24
05717640-
Water
Protection Enterprise,
$12,500
(June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2023-24
07413250-
Civic Center
Maintenance,
$2,500
(June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
Federal Clean
Federal Clean Water
2024-25
05717640-
Water
Protection Enterprise,
$300,000
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
2024-25
06917940-
Refuse
Refuse Collection
(July -June)
62300
Collection
Service, Contract
$50,000
Service
Services -Professional
Federal Clean
Federal Clean Water
2025-26
05717640-
Water
Protection Enterprise,
$287,500
(July -June)
62300
Protection
Contract Services -
Enterprise
Professional
Civic Center -Regular
2025-26
07413250-
Civic Center
Maintenance,
$47,500
(July -June)
62320
Maintenance
Maintenance & Repair
Buildings & Ground
2-Year Extension Funding (Previously Approved) - SUBTOTAL:
$700,000
TOTAL
$2,000,000
Agreement Amendments with Ocean Blue Environmental & United Stormwater
October 5, 2021
Page 6
EXHIBIT(S)
1. First Amendment to Agreement with Ocean Blue Environmental Services, Inc.
2. First Amendment to Agreement with United Stormwater, Inc.
Submitted By: Nabil Saba, Executive Dir Public Works
Approved By: Kristine Ridge, City Manager
EXHIBIT I
FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL
RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY
MAINTENANCE SERVICES
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 5,
2021, 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-2021-097-01, dated June 15, 2021, by which
Consultant agreed to provide spill response, hazardous waste disposal, and storm drain
facility maintenance services ("Agreement"). The term of the Agreement is for three years
(with one two-year option exercisable by the City), and the Agreement remains in effect.
B. The primary purpose of the Agreement is for spill response, hazardous waste disposal, and
storm drain facility maintenance services, though the Consultant represents it is able and
willing to provide COVID-19 Sanitization Services to assist the City in controlling the
spread of COVID-19 and variants.
C. The parties now wish to amend the scope of services to provide further COVID-19
Sanitization Services, and to adjust the amount to be expended under the Agreement using
funds provided under the American Rescue Plan Act ("ARPA").
D. ARPA was signed into law in March 2021. ARPA provides funding for a number of
different programs, including the Coronavirus State and Local Fiscal Recovery Fund
("SURF"), to provide monetary support to local governments to respond to, mitigate, and
recover from the COVID-19 public health emergency.
E. The scope of services provided by Consultant is an allowable use under the SURF because
it addresses public health risks related to homelessness and exacerbated by the pandemic, and
because it improves conditions in areas of the City used primarily by underserved
communities and/or in qualified census tracts.
The Parties therefore agree:
1. Section 1, Scope of Services, is amended to include COVID-19 Sanitization Services, as
further described in Exhibit A, attached hereto and incorporated herein by reference.
2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the
Agreement from $350,000 to $600,000 for the one-year term ending on June 30, 2022. As the
recipient of ARPA SURF funds, Consultant will be required to comply with any and all
compliance requirements for the use of SURE funds, any and all reporting requirements for
expenditures of SURF funds, as well as compliance with 2 CFR 200.332 regarding pass -
through entities.
Page 1 of 2
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
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
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT
Name: Justin Lee
Title: President
Page 2 of 2
EXHIBIT A
SCOPE OF SERVICES
A. COVID-19 SANITIZATION SERVICES
1. Contractor shall provide COVID-19 Sanitization Services at congregate settings and on high -
contact surfaces throughout the public right-of-way including, but not limited to:
a. Bus shelters;
b. Street furniture;
c. Signs;
d. Waste receptacles;
e. Park facilities;
f. Santa Ana Regional Transportation Center (SARTC);
g. City Hall;
h. Libraries;
i. Senior Centers;
j. Other surfaces/locations identified by the City.
2. Methods to provide COVID-19 Sanitization Services shall include, but are not limited to:
a. Pressure washing surfaces with disinfection solutions;
b. Hand-wiping/scrubbing surfaces with disinfection solutions;
c. Using a hand-held sprayer with disinfection solutions;
d. Other methods suggested by Contractor and approved by the City.
3. Contractor shall manifest, transport, and dispose of all waste and wastewater generated from
providing COVID-19 Sanitization Services to the satisfaction of the California Department of
Toxic Substance Control (DTSC), the United States Department of Transportation (DOT), the
United States Environmental Protection Agency (USEPA), the permitted disposal facilities
receiving the waste or wastewater, and any other applicable Federal, State, or local regulations.
No waste or wastewater generated from providing COVID-19 Sanitization Services shall be
transported to the City's Corporate Yard for disposal.
4. Contractor shall only use disinfection solution(s) proven to be effective at eliminating COVID-
19. Disinfection solutions must be approved by the City prior to use.
5. Contractor shall ensure all employees are supplied with and use adequate Personal Protective
Equipment (PPE) while providing COVID-19 Sanitization Services.
6. Contractor shall establish a safe perimeter to ensure the public is not impacted while providing
COVID-19 Sanitization Services.
7. Contractor shall immediately notify the City if any of its employees conducting COVID-19
Sanitization Services test positive for COVID-19 and shall take all necessary precautions, as
recommended by the Orange County Health Care Agency, to mitigate the spread of COVID-19
to City Staff and the public.
Page 1 of 2
EXHIBIT A
8. Contractor shall implement Best Management Practices (BMPs) to ensure no disinfection
solutions or wastewater are discharged into the City's stormdrain system and there are no
negative environmental impacts associated with COVID-19 Sanitization Services. Contractor
shall immediately notify the City in the event any disinfection solutions or wastewater are
discharged into the City's stormdrain system.
9. Contractor shall document all COVID-19 Sanitization Services and send the City weekly
updates, including photos and dates, of each location sanitized.
Page 2 of 2
EXHIBIT 2
FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL
RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY
MAINTENANCE SERVICES
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 5,
2021, 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-2021-097-02, dated June 15, 2021, by which
Consultant agreed to provide spill response, hazardous waste disposal, and storm drain
facility maintenance services ("Agreement"). The terin of the Agreement is for three years
(with one two-year option exercisable by the City), and the Agreement remains in effect.
B. The primary purpose of the Agreement is for spill response, hazardous waste disposal, and
storm drain facility maintenance services, though the Consultant represents it is able and
willing to provide COVID-19 Sanitization Services to assist the City in controlling the
spread of COVID-19 and variants.
C. The parties now wish to amend the scope of services to provide further COVID-19
Sanitization Services, and to adjust the amount to be expended tinder the Agreement using
funds provided tinder the American Rescue Plan Act ("ARPA").
D. ARPA was signed into law in March 2021. ARPA provides funding for a number of
different programs, including the Coronavirus State and Local Fiscal Recovery Fund
("SURF"), to provide monetary support to local governments to respond to, mitigate, and
recover from the COVID-19 public health emergency.
E. The scope of services provided by Consultant is an allowable use under the SURF because
it addresses public health risks related to homelessness and exacerbated by the pandemic, and.
because it improves conditions in areas of the City used primarily by underserved
communities and/or in qualified census tracts.
The Parties therefore agree:
1. Section 1, Scope of Services, is amended to include COVID-19 Sanitization Services, as
further described in Exhibit A attached hereto and incorporated herein by reference.
2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the
Agreement from $350,000 to $600,000 for the one-year term ending on June 30, 2022. As the
recipient of ARPA SURF funds, Consultant will be required to comply with any and all
compliance requirements for the use of SURF finds, any and all reporting requirements for
expenditures of SURF funds, as well as compliance with 2 CFR 200.332 regarding pass -
through entities.
Page I of 2
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in frill force and effect.
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:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT
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Name: �v,1�� P✓�lY SrQ
Title:
Page 2 of 2
EXHIBIT A
SCOPE OF SERVICES
A. COVID-19 SANITIZATION SERVICES
1. Contractor shall provide COVID-19 Sanitization Services at congregate settings and on high -
contact surfaces throughout the public right-of-way including, but not limited to:
a. Bus shelters;
b. Street furniture;
c. Signs;
d. Waste receptacles;
e. Park facilities;
£ Santa Ana Regional Transportation Center (SARTC);
g. City Hall;
h. Libraries;
i. Senior Centers;
j. Other surfaces/locations identified by the City.
2. Methods to provide COVID-19 Sanitization Services shall include, but are not limited to:
a. Pressure washing surfaces with disinfection solutions;'
b. Hand-wiping/scrubbing surfaces with disinfection solutions;
c. Using a hand-held sprayer with disinfection solutions;
d. Other methods suggested by Contractor and approved by the City.
3. Contractor shall manifest, transport, and dispose of all waste and wastewater generated from
providing COVID-19 Sanitization Services to the satisfaction of the California Department of
Toxic Substance Control (DTSC), the United States Department of Transportation (DOT), the
United States Environmental Protection Agency (USEPA), the permitted disposal facilities
receiving the waste or wastewater, and any other applicable Federal, State, or local regulations.
No waste or wastewater generated fiom providing COVID-1.9 Sanitization Services shall be
transported to the City's Corporate Yard for disposal.
4. Contractor shall only use disinfection solution(s) proven to be ffective at eliminating COVID-
19. Disinfection solutions must be approved by the City prior to use.
5. Contractor shall ensure all employees are supplied with and use adequate Personal Protective
Equipment (PPE) while providing COVID-19 Sanitization Services.
6. Contractor shall establish a safe perimeter to ensure the public is not impacted wile providing
COVID-19 Sanitization Services.
7. Contractor shall immediately notify the City if any of its employees conducting COVID-19
Sanitization Services test positive for COVID-19 and shall take all necessary precautions, as
recommended by the Orange County Health Care Agency, to mitigate the spread of COVID-19
to City Staff and the public.
Page 1 of 2
EXHIBIT A
8. Contractor shall implement Best Management Practices (BMPs) to ensure no disinfection
solutions or wastewater are discharged into the City's storrndrain system and there are no
negative environmental impacts associated with COVID-19 Sanitization Services. Contractor
shall immediately notify the City in the event any disinfection solutions or wastewater are
discharged into the City's stormdrain system.
9. Contractor shall document all COVID-19 Sanitization Services and send the City weekly
updates, including photos and dates, of each location sanitized. ---
Page 2 of 2