DATE: September 16, 2019
SUBJECT:
Title
RESOLUTION SELECTING AND AUTHORIZING AGREEMENTS WITH NRC ENVIRONMENTAL SERVICES, INC., OCEAN BLUE ENVIRONMENTAL SERVICES, INC., AND PATRIOT ENVIRONMENTAL SERVICES, INC., FOR AS-NEEDED HAZARDOUS WASTE MANAGEMENT AND EMERGENCY RESPONSE SERVICES FOR AN AGGREGATE AMOUNT NOT TO EXCEED $750,000 FOR A PERIOD OF THREE YEARS. FY 2020 EXPENDITURES ARE INCLUDED IN THE FY 2020 BUDGET. FUNDS REQUIRED FOR FUTURE FISCAL YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH FISCAL YEAR’S BUDGET
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EXECUTIVE SUMMARY:
From time to time the District requires the as-needed services of specialized contractors to address emergency response and other actions regarding hazardous waste. These services might include hazardous materials spill clean-up, crime scene clean-up, removal of unforeseen hazardous materials encountered during District projects, the removal of waste, and emergency abatement of contaminants. The specialized training, equipment, and readiness needed for these types of services make contracting for them more practical than using District staff.
Pursuant to BPC Policy No. 110, District staff issued Request for Qualifications (RFQ) #19-13JR seeking qualified firms to perform as-needed hazardous waste management and emergency response services. By May 23, 2019, the District received responsive proposals from six firms. Four firms were interviewed by staff. Staff ranked the firms in accordance with the selection criteria listed in the RFQ based on the firms’ proposals and interviews. Based on this selection process, staff recommends that the Board of Port Commissioners (Board) select and authorize agreements with NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc. for as-needed hazardous waste management and emergency response services in an aggregate amount not to exceed $750,000 for a period of three years.
RECOMMENDATION:
Recommendation
Adopt a Resolution selecting and authorizing agreements with NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc., for as-needed hazardous waste management and emergency response services in an aggregate amount not to exceed $750,000 for a period of three years, beginning October 1, 2019, and ending September 30, 2022.
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FISCAL IMPACT:
Funds for the first year of this expenditure, if needed, are budgeted in the FY 2020 Environmental Protection department’s professional services budget, under refuse and hazardous waste disposal (#660150) in the amount of $158,000. Services requested under these agreements to support the District’s major maintenance or capital improvement programs will be charged to those project budgets. Funds required for future fiscal years will be budgeted in the appropriate fiscal year and cost account, subject to Board approval, upon adoption of each fiscal year’s budget.
Compass Strategic Goals:
This agenda item supports the following Strategic Goals.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work, and play.
DISCUSSION:
The District requires on-call emergency response and hazardous waste management services contractors to address hazardous materials and other safety issues that can arise which require specialized services not available from District staff. These services could vary widely and include:
• Removal of abandoned hazardous materials from vessels and other areas
• Testing for airborne mold
• Pumping of sewer lift stations to allow emergency repairs
These services may be best provided through qualified on-call contractors directed by the Environmental Protection Department, to support various District departments including Real Estate, Engineering, General Services, Harbor Police, and Safety.
The Board previously authorized agreements for as-needed hazardous waste management and emergency response services with NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and United Pumping Services, Inc. by Resolution #2016-21, on March 8, 2016. Those agreements expire on June 30, 2020.
Over the span of the existing agreement, resources were exhausted earlier than anticipated due to major expenditures associated with extensive storm drain cleaning operations and expedited decontamination of derelict vessels. As such, staff is now recommending new three-year agreements for as-needed hazardous waste and emergency response services, which are anticipated to commence on October 1, 2019.
Pursuant to BPC Policy No. 110, District staff issued RFQ #19-13JR for As-Needed Hazardous Waste Management and Emergency Response Services on April 24, 2019. Electronic solicitation notifications were sent through Planet Bids to 735 potential service providers. An information exchange meeting was held on May 2, 2019. By May 23, 2019, the District received responsive proposals from the following six firms:
• Clean Harbors Environmental Services, Inc.
• Environmental Logistics, Inc.
• NRC Environmental Services, Inc.
• Ocean Blue Environmental Services, Inc.
• Patriot Environmental Services, Inc.
• Superdry Restoration, Inc.
The proposals were evaluated by a panel comprised of District staff from Environmental Protection, General Services, and Procurement departments. Based on this evaluation, the panel selected four firms for interviews, which were conducted on June 25, 2019. The interviewed firms were: Clean Harbors Environmental Services, Inc., NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc. The evaluation panel analyzed the firms’ proposals, presentations, and responses to the interview questions. The firms were then ranked based on the criteria established in RFQ #19-13JR. Based on this evaluation process, staff recommends Board approval of as-needed agreements with the three top-scoring firms: NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc. The interviewed firms are discussed below.
NRC Environmental Services, Inc.
NRC Environmental Services, Inc. (NRC), is a nationwide environmental services contractor with numerous west coast offices and an emergency response phone service that is staffed 24/7/365. NRC’s San Diego office has a large staff and an extensive inventory of hazardous waste management and emergency response equipment. NRC has also provided excellent service to the District under prior agreement. NRC provides similar services to the Navy, Coast Guard, Caltrans, the Ports of Long Beach and Oakland, and the Cities of Poway, Escondido, and Los Angeles. The proposed project manager under this agreement is Victor Murillo. Mr. Murillo has 25 years of experience in environmental services and emergency response.
NRC proposes to utilize the following subconsultants under this agreement:
• DVBE Suppliers
• Aurora Industrial Hygiene, Inc.
In the proposal and interview process, NRC demonstrated an understanding of the District’s expectations concerning the scope of the agreement and presented their technical expertise in the various tasks within the scope. They also bring a working knowledge of the District’s hazardous waste management and emergency response needs. Their proposal and presentation demonstrated their detailed project management and invoicing systems. Staff recommends that NRC be contracted as a service provider to the District.
Ocean Blue Environmental Services, Inc.
Ocean Blue Environmental Services, Inc. (Ocean Blue), is a Long Beach based company with an office in San Diego. Ocean Blue has a small capable local staff and maintains a small and effective inventory of waste management equipment in their San Diego office. They maintain a local emergency response phone line 24/7/365. Ocean Blue has also provided excellent service to the District under prior agreement. Ocean Blue provides similar services to the Ports of Los Angeles and Long Beach, Caltrans, San Diego International Airport, San Diego County, and Cities of San Diego, National City, and Chula Vista. The proposed project manager under this agreement is Don Ostrand. Mr. Ostrand has 22 years of experience completing hazardous waste management projects.
Ocean Blue proposes to utilize the following subconsultants under this agreement:
• Aurora Industrial Hygiene, Inc.
In the proposal and interview process, Ocean Blue exhibited a wide range of experience on all aspects of the RFQ scope. Ocean Blue’s proposal, presentation, and responses to interview questions demonstrated the capacity to meet the District’s hazardous waste management and emergency response needs. Staff recommends that Ocean Blue be contracted as a service provider to the District.
Patriot Environmental Services, Inc.
Headquartered in Wilmington, California, with a local office, Patriot Environmental Services, Inc. (Patriot), is a large environmental remediation, transportation, and emergency spill response contractor with 17 years of experience and a spill response line staffed 24/7/365. Patriot has extensive experience completing projects with similar scopes for many cities, counties, and government agencies, including North County Transit District, Caltrans, SDG&E, multiple shipyards, and City of San Diego. Patriot’s proposed project manager has provided excellent service under a previous agreement with the District. The proposed project manager under this agreement is Lance Klein who has 27 years of experience in the hazardous waste management field. Mr. Klein has a strong background in completing projects similar in scope to those listed in the RFQ.
Patriot proposes to utilize the following subconsultants under this agreement:
• IO Environmental & Infrastructure, Inc.
• The Bodhi Group
• Dion & Sons, Inc.
• Pinnacle Petroleum
• CM Industrial Supplies
• Medical Environmental Technologies LLC
• Crosby & Overton, Inc.
• World Oil Recycling dba Demenno Kerdoon
• CO’s Traffic Control
• Advanced Technology Laboratories
Throughout the proposal and interview process, Patriot exhibited a wide range of technical skills and experience on all aspects of the RFQ’s scope. Patriot’s proposal, presentation, and responses to staff questions demonstrated a clear understanding of the District’s needs. Staff recommends that Patriot be contracted as a service provider to the District.
Clean Harbors Environmental Services, Inc.
Headquartered in Norwell, Massachusetts, with a local office, Clean Harbors Environmental Services, Inc. (Clean Harbors), is a large hazardous waste disposal and environmental services company with 32 years of experience. Clean Harbors has extensive experience completing projects with similar scopes for cities, counties, and other government agencies, including City of Los Angeles, City of San Diego, County of San Diego, Los Angeles Fire Department, and Port of Long Beach. The proposed project manager under this agreement is Sean Ledden who has 24 years of experience in the hazardous waste management field. Mr. Ledden has a strong background in completing projects similar in scope to those listed in the RFQ.
Clean Harbors proposes to utilize the following subconsultants under this agreement:
• Advanced Technology Laboratories
• CM Industrial & Safety Supply, Inc.
• IQ Personnel, Inc.
• J Torres Company Inc
• Resource Environmental, Inc.
• Adler Tank Rentals
• Baker Tank Corp
• Herc Equipment Rental
• Maxim Cranes
Throughout the proposal and interview process, Clean Harbors exhibited a wide range of technical skills relating to the RFQ’s scope. However, they did not demonstrate geographic familiarity with San Diego Bay and lacked an understanding of project priorities and implementation steps related to a project scenario presented in the interview. Furthermore, the availability of local staff and equipment was not competitive with other prospective service providers. Staff recommends that Clean Harbors not be contracted as a service provider to the District at this time.
Conclusion
Of the firms that responded to the RFQ and were interviewed, NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc., demonstrated the most relevant experience and effective approach to meeting the scope of work described in the RFQ. These firms have excellent records managing hazardous waste and emergency response projects. NRC, Ocean Blue, and Patriot are locally established and can respond in a timely manner. NRC and Patriot have sizeable resources and equipment available to respond to large and complex projects. Staff recommends adopting a Resolution selecting and authorizing agreements with NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc., in an aggregate amount not-to-exceed $750,000 for a period of three years.
General Counsel’s Comments:
The General Counsel’s Office reviewed this agenda and approved the proposed agreements as presented to it as to form and legality.
Environmental Review:
The proposed Board action to authorize agreements with NRC Environmental Services, Inc., Ocean Blue Environmental Services, Inc., and Patriot Environmental Services, Inc., for as-needed hazardous waste management and emergency response services is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), 15306 (Information Collection) and Sections 3.a, 3.d, and 3.f of the District’s Guidelines for Compliance with CEQA because the project will involve no expansion of use beyond that previously existing, would not involve the removal of mature scenic trees, and would not result in a serious or major disturbance to an environmental resource . No further action under CEQA is required.
In addition, this Board item complies with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed project is consistent with the Public Trust Doctrine.
In addition, the proposed Board action is considered “excluded development” pursuant to Sections 8.a (Existing Facilities), 8.d (Minor Alterations to Land), 8.e (Information Collection), and 8.f (Inspections) of the District’s Coastal Development Permit Regulations because it is authorization of agreements for as-needed hazardous waste management and emergency response services; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
A 3% SBE goal was established for this agreement. All of the interviewed firms listed SBE sub participants to meet or exceed the goal.
PREPARED BY:
George Liddle
Senior Environmental Specialist, Environmental Protection
Attachments:
Attachment A: Agreement 140-2019JR with NRC Environmental Services, Inc.
Attachment B: Agreement 141-2019JR with Ocean Blue Environmental Services, Inc.
Attachment C: Agreement 142-2019JR with Patriot Environmental Services, Inc.