Loading...
SR 05-24-2022 3C City Council Report City Council Meeting: May 24, 2022 Agenda Item: 3.C 1 of 4 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Second Modification to Agreement #3438 with Fleming Environmental for Urgent Repairs to the Veeder Root System of Underground Fuel Storage Tanks Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #11099 (CCS) (formerly CT# 3438) in the amount of $182,000 (including contingency) with Fleming Environmental Inc., to perform an urgent repair to the Underground Storage Tank (UST) monitoring system at the Public Safety Facility (PSF) along with additional funding for maintenance and repair on the 13 other sites located in the City. This would result in a five-year amended agreement with a new total amount not to exceed $353,730, with future year funding contingent on Council budget approval. Summary Since 2018, the City has contracted with Fleming Environmental, Inc. (Fleming) for the routine inspection and repair of City-owned Underground Storage Tanks (UST). These tanks are used to store fuel for backup generators and other equipment and must meet certain Fire Life Safety criteria to be certified for use. Several critical deficiencies were identified for the UST at the Public Safety Facility (PSF) and the Santa Monica Fire Marshall has deemed the monitoring system for the UST as non-compliant. If these repairs are not made, the City would not be able to fuel the PSF emergency generator needed to supply power to crucial emergency response systems during a power outage. The repairs identified in the inspections exceed the current scope of anticipated work, so additional funds are requested to address these critical issues at PSF along with additional funding for maintenance and repair on the 13 other City UST sites. This 3.C Packet Pg. 27 2 of 4 second modification is seeking authority to increase the contract by $182,000 for a total contract amount Not to Exceed (NTE) $353,730 through 2023. Discussion The City Hall Campus (Historic City Hall, City Hall East, and the PSF) are all on an emergency generator backup and the fuel for those generators is stored in USTs. The USTs containing diesel and unleaded fuel are located at 14 sites throughout the City, and in accordance with local, state, and federal requirements, underground storage tanks and components must be regularly inspected and tested. Fleming is the City’s current service provider for inspection and repair. This vendor performs both Designated Operator Services (which include monthly inspections, staff training, and alarm documentation) and Secondary Containment Testing every three years to determine that no leaks occur from primary containment. During inspections conducted at the PSF last year, Fleming identified several issues, such as alarm panels in a non- monitored area, discontinuation of manufacturer’s system support, and several malfunctioning sensors. Further, the Santa Monica Fire Marshall declared that the issues must be addressed or PSF would be out of compliance and the emergency generators would be taken out of service, as the fuel source would not be available. The first modification to the contract was authorized by Council to cover necessary repairs identified for the UST at the PSF and extend routine inspection services. After excavating the buried tank at the PSF, the necessary repairs were found to be more extensive than anticipated, hence this second modification request. Vendor Selection Fleming was selected from six vendors that responded to formal bid 4337 on March 29, 2018. A five-year professional services agreement not to exceed $80,000 was executed in FY 2018-19 (Attachment A). Council approval was not required in accordance with the City’s procurement policy. The first modification in the amount of $91,730 increased the total not to exceed amount from $80,000 to $171,730 to cover necessary repairs for the UST at the PSF, routine inspection, testing, and maintenance as well as an average of two service repairs to each UST (Attachment B) only. This request is to award a second modification to cover the critical and unexpected costs ($142,690) for the 3.C Packet Pg. 28 3 of 4 identified repairs at the USTs at the PSF, along with providing enough budget for maintenance and repair to the other 13 UST sites in the City through the end of the contract’s five-year term on June 30, 2023. Staff would competitively bid a new contract in early 2023, but this repair work is crucial and must be completed immediately. Past Council Actions Meeting Date Description 10/27/20 (Attachment C) Approval of First Modification to Agreement with Fleming for Inspections and Testing of Underground Fuel Storage Tanks Financial Impacts and Budget Actions Staff seeks authority to approve available funding from the General Fund, Big Blue Bus Fund, and Vehicle Management Fund operating budgets to increase the amount of the agreement with Fleming Environmental Inc., to make these urgent repairs as soon as possible and continue maintenance and repair through FY 2022/23. Future year funding is contingent on Council budget approval. Agreement Modification Request Agreement # Current Authorized Amount FY 2021-22 Budget Modified Request Amount Dept Account # Total Revised Contract Amount 11099 $171,730 $39,310 Various $211,040 11099 $0 $142,690 01500020.529145 $142,690 Total: $353,730 3.C Packet Pg. 29 4 of 4 Prepared By: Amber Richane, Architectural Associate Approved Forwarded to Council Attachments: A. Contract 3438 - Fleming Environmental Original Agreement B. First Modification - Contract 11099 C. October 27, 2020 Staff Report (Web Link) D. 2021 OAKS INITIATIVE FORM 3.C Packet Pg. 30 3.C.aPacket Pg. 31Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 32Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 33Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 34Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 35Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 36Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 37Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 38Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 39Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 40Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 41Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 42Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 43Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 44Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 45Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 46Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 3.C.aPacket Pg. 47Attachment: Contract 3438 - Fleming Environmental Original Agreement (5065 : Fleming Environmental 2nd Contract Mod) 1 Contract Number 11099 (Former Contract Number 3438) FIRST MODIFICATION OF AGREEMENT This First Modification of Agreement Number 11099 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Fleming Environmental Inc. (CONTRACTOR) is made with reference to the following: RECITALS A. On or about February 20, 2019, the City and CONTRACTOR entered into Agreement Number 11099 (CCS) for designated operator inspections, employee training, general maintenance and repair, and secondary containment testing and work plan. (“Original Agreement”). B. The City and CONTRACTOR desire to modify the Original Agreement to in- crease the contract price to cover emergency repair services through the end of term of the Original Agreement. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi- nal Agreement as follows: 1. Section 2 of the Original Agreement entitled “CONTRACTOR Services” shall be modified by adding the following paragraph: Additional Services. CONTRACTOR will perform all of the addi- tional services (“Additional Services”) described in Exhibit A-1, Scope of Services. CONTRACTOR will complete the Additional Services in accordance with Exhibit B-1, Budget. 2. Section 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph: Compensation. The City will compensate CONTRACTOR for the Additional Services in an amount not to exceed NINETY-ONE THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS ($91,730), as set forth in Exhibit B-1. The total contract price for ser- vices pursuant to the Original Agreement and this First Modification shall not exceed ONE HUNDRED AND SEVENTY-ONE THOUSAND SEVEN HUNDRED AND THIRTY DOLLARS ($171,730). 3. Exhibit A-1 and Exhibit B-1 are attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 11/12/2020 3.C.b Packet Pg. 48 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) 2 4. Except as expressly modified by this First Modification, all other terms and condi- tions of the Original Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager CONTRACTOR Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 11/9/2020 Interim City Attorney George Cardona Jennifer Martin Contracts Administrator 11/11/2020 Fleming Environmental Inc. Interim City Manager Lane Dilg 11/12/2020 Denise Anderson-Warren 11/12/2020 City Clerk 3.C.b Packet Pg. 49 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) Exhibit A-1 Additional Services Emergency Repair of Underground Storage Tank (UST) and Public Safety Facility Fleming Environmental, Inc shall be responsible for performing repair to damaged underground diesel fuel piping at the Santa Monica Public Safety Facility. Work Included: • Submit work plan for permits for project • Ensure permits are in place prior to commencing work • Coordinate site access plans with site personnel • Air test primary lines before any work starts • Air test secondary lines after backfill pre concrete • Pos construction SB 989 testing on piping only after concrete • 6 month SB 989 testing on secondary lines • Mobilize onsite • Final of project DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 3.C.b Packet Pg. 50 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) Exhibit B.1 Budget Contract amount shall be increased by $91,730 to cover routine and emergency repair services, for a total not to exceed $171,730. Year Fiscal Year / Dates (Inclusive) Budget Available 1 Fiscal Year (FY) 2018/19 (Contract execution date to June 30, 2019) Amount shall not exceed $12,000. 2 FY 2019/20 (July 1, 2019 to June 30, 2020) Amount shall not exceed $45,600. 3 FY 2020/21 (July 1, 2020 to June 30, 2021) Amount shall not exceed $66,821. 4 FY 2021/22 (July 1, 2021 to June 30, 2022) Any unspent funding up to $171,730 total contract value. 5 FY 2022/23 (July 1, 2022 to June 30, 2023) Any unspent funding up to $171,730 total contract value. Any unspent amount for each year may be made available in the subsequent year(s), at the sole and complete discretion of the City and subject to budgetary approval. The total amount of compensation shall not exceed the sum of $171,730. Pricing Item / Service Year 1 Year 2 Year 3 Year 4 Year 5 Price Increase N/A 3% 3% 3% 3% Recurring Services by Fiscal Year & Location Big Blue Bus – 1620 6th Street Designated Operator Inspections (monthly) / Training (2x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,650.00 $1,803.00 Corporate Yards (Fleet Services) – 2500 Michigan Avenue Designated Operator Inspections (monthly) / Training (2x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $3,750.00 $4,097.73 Fire Station #1 – 1444 7th Street Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 3.C.b Packet Pg. 51 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) Secondary Containment Testing $1,850.00 $2,021.54 Item / Service Year 1 Year 2 Year 3 Year 4 Year 5 Fire Station #2 – 222 Hollister Avenue Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,450.00 $1,584.45 Fire Station #3 – 1302 19th Street Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,850.00 $2,021.54 Fire Station #5 – 2450 Ashland Avenue Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,850.00 $2,021.54 Public Safety Facility – 333 Olympic Drive Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,450.00 $1,584.45 Santa Monica Airport – Aeroplex – 2501 Airport Avenue (Bill To: Aeroplex – 3333 E. Spring Street, Suite 204, Long Beach, CA 90806) Designated Operator Inspections (monthly) / Training (3x per year) $1,680.00 ($140.00/mo) $1,730.40 ($144.20/mo) $1,782.31 ($148.53/mo) $1,835.78 ($152.98/mo) $1,890.85 ($157.57/mo) Secondary Containment Testing $1,450.00 $1,584.45 As-Needed Repairs and Services – Hourly Billable Labor Rates Job Classification Year 1 Year 2 Year 3 Year 4 Year 5 Project Manager $125.00 $128.75 $132.61 $136.59 $140.69 Electrician $140.00 $144.20 $148.53 $152.98 $157.57 Laborer $110.00 $113.30 $116.70 $120.20 $123.81 General Admin $75.00 $77.25 $79.57 $81.95 $84.41 Overtime Rate* $165.00 $169.95 $175.05 $180.30 $185.71 Other Charges Materials / Parts To be quoted individually and pre-approved by City staff. Travel time to site for service calls or to pick up parts related for repairs To be charged at rates listed above with pre-approval of City staff. DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 3.C.b Packet Pg. 52 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) Hourly rates include all overhead and administration, compliance with prevailing wage/certified payroll submittal requirements (including hard copy submittals to the City’s prevailing wage monitoring consultant), benefits and profit. *Overtime is applicable to work completed above 8 hours per day Monday through Friday or before 7 a.m. and after 5 p.m.; and all Saturday/Sunday hours. Payment Terms: Net 30. DocuSign Envelope ID: 223A6802-F9F0-4CDA-83A0-C5E05EF9AFE9 3.C.b Packet Pg. 53 Attachment: First Modification - Contract 11099 (5065 : Fleming Environmental 2nd Contract Mod) 3.C.dPacket Pg. 54Attachment: 2021 OAKS INITIATIVE FORM (5065 : Fleming Environmental 2nd Contract Mod) 3.C.dPacket Pg. 55Attachment: 2021 OAKS INITIATIVE FORM (5065 : Fleming Environmental 2nd Contract Mod)