SR 08-22-2023 5G
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 5.G
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Award Bid to Fleming Environmental Inc. for Testing, Maintenance, and
Repair of the City’s Underground and Above-ground Fuel Storage Tanks
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section
15308 of the California Environmental Quality Act (CEQA) guidelines.
2. Award Bid #4449 to Fleming Environmental Inc. for testing, maintenance, and
repair of the City’s underground and above-ground fuel storage tanks for the
Public Works Department.
3. Authorize the City Manager to negotiate and execute an agreement with Fleming
Environmental Inc. in an amount not to exceed $100,000 for one year, with four
additional one-year renewal options at 3% increases per year for a total amount
not to exceed $531,000 over a five-year period, with future year funding
contingent on Council budget approval.
Summary
The City of Santa Monica owns eight underground storage tanks (UST) and one above-
ground storage tank containing diesel and unleaded fuel. These tanks provide fuel
service for City fleet vehicles and support emergency generators at various City
facilities. Each storage tank is tested once every three years to assess proper
functionality and to comply with local, state, and federal guidelines. In addition, routine
service and maintenance is required for each storage tank to ensure it is working
properly. Staff recommends Fleming Environmental Inc. to provide testing,
maintenance, and repair of the underground and above-ground fuel storage tanks in an
amount not to exceed $531,000 over a five-year period.
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Discussion
The City’s eight underground and one above ground fuel storage tanks are located at
various City facilities including at four fire stations, the Public Safety Facility, and the
Santa Monica Airport. The airport underground tank stations are independently
managed by Aeroplex. In accordance with local, state, and federal requiremen ts, USTs
and components must be regularly inspected, maintained, and tested. Fleming
Environmental Inc. will perform 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. To ensure the safety of the USTs and regulatory compliance , the Public
Works Department manages the City’s UST services while the Fire Department
oversees enforcement of UST regulations. The Public Works Department uses an
outside contractor with expertise in maintaining and testing USTs to support the City’s
UST services.
Best and Only Bidder Fleming Environmental Inc.
Submittals Received Selection Criteria
Bidder $33,450 Municipal Code SMMC 2.24.180
Evaluation Criteria Price; the ability, capacity and skill of the bidder to perform or provide the
services.
Bid Data
Date Posted Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/09/2023 City's Online
Bidding Site Santa Monica Daily Press 13 04/14/2023
Additional Vendor Outreach & Justification to Award
Procurement conducted additional outreach to vendors who downloaded the bid to see
why they did not submit a bid; No responses were received. Fisher Science Education
submitted a no-bid response but did not respond to our inquiry. Fleming Environmental
Inc. has provided these services in a good manner for the City for over ten years. Based
on these criteria, Fleming Environmental Inc. is recommended as the best bidder.
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Environmental Review
The routine testing and maintenance of the City’s USTs are categorically exempt
pursuant to Section 15301 (Class 1 Existing Facilities) and Section 15308 (Class 8
Actions for Protection of the Environment) of the CEQA Guidelines. Section 15301 of
provides exemption for the operation, repair, maintenance, permitting, or minor
alteration of existing public or private structures, facilities, mechanical equipment or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination. Section 15308 exempts actions taken by
regulatory agencies, as authorized by state or local ordinance, to assure the
maintenance, restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for protection of the environment . Any repair or
maintenance activities completed under this contract is to maintain and/or repair
existing facilities and equipment to meet current standards of public health and safety
and ensure protection of the environment.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund and the Big
Blue Bus Fund to award a contract with Fleming Environmental Inc. for testing,
maintenance, and repair of the City’s underground and above ground fuel storage tanks
for the Public Works Department.
Agreement Request
FY 2023-24
Request Amount Account # Future Years
Amount
Total Contract
Amount
$50,000.00 01190001.550010 $215,500.00 $265,500.00
$35,000.00 60600011.550016 $150,850.00 $185,850.00
$15,000.00 01500020.529145 $64,650.00 $79,650.00
$100,000.00 Total $431,000.00 $531,000.00
Future year funding is contingent on Council budget approval.
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Prepared By: Thomas Poon, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Oaks Initiative Form - Fleming Environmental Inc.
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CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the
City compiles and maintains certain information. That information includes the
name of any person or persons who is seeking a “public benefit.” If the “public
benefit” is sought by an entity, rather than an individual person, the information
includes the name of every personwhois:(a)trustee,(b)director,(c)partner,(d)
officer,orhas(e)morethanaten percent interest in theentity.
Public benefits include:
1.Personal services contracts in excess of $25,000 over any 12-monthperiod;
2.Sale of material, equipment or supplies to the City in excess of $25,000 over a
12-monthperiod;
3.Purchase, sale or lease of real property to or from the City in excess of
$25,000 over a 12-monthperiod;
4.Non-competitive franchise awards with gross revenue of $50,000 or more
inany 12-monthperiod;
5.Land use variance, special use permit, or other exception to an established
land use plan, where the decision has a value in excess of$25,000;
6.Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any
12-month period;or
7.Payment of “cash or specie” of a net value to the recipient of $10,000 in any
12-monthperiod.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Preparedby: Title:
Signature:Date:
Email:Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
Terry L. Fleming, Jr.President
07/01/2023
tfleming@flemingenvironmental.com (714)871-2800
Fleming Environmental Inc
Terry L. Fleming, Jr.
Terry L. Fleming, Jr.
5.G.a
Packet Pg. 210 Attachment: Oaks Initiative Form - Fleming Environmental Inc. (5860 : Underground & Above-ground Fuel Storage Tank Service)