City of Culver City, California
Agenda Item Report
Meeting Date: 11/12/2012 Item Number: C-8
CITY COUNCIL AGENDA ITEM: Amendment to the Existing Professional Services
Agreement with Fleming Environmental Inc. to Continue Providing Designated UST
Operator Services, Environmental Compliance Testing, and Associated UST and
AST Component Repair at Four (4) City Fuel Sites.
Contact Person/Dept.: Eric Mirzaian/PW
Phone Number: (310) 253-6410
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification (E-mail) Meetings and Agendas-City Council (11/08/12) Fleming
Environmental Inc. on (11/5/2012)
Department Approval:
Charles D. Herbertson (11/01/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/08/12)
Chief Financial Officer Approval:
Jeff Muir (11/08/12)
City Manager Approval:
John M. Nachbar (11/08/12)
RECOMMENDATION:
Staff recommends the City Council approve an amendment to the existing
agreement with Fleming Environmental Inc. (Fleming) to continue providing
designated underground storage tank (UST) operator services, environmental
compliance testing, and associated (UST) and above ground storage tank (AST)
component repair at four (4) City fuel sites.
BACKGROUND:
Fleming has been providing designated UST operator services, environmental
compliance testing, and necessary component repairs at four City fuel sites since
January of 2008. The four fuel sites include the Transportation Facility, Police
Department, Fire Station #1 and Fire Station #2. Only Fire Station #2 has an AST
while the other sites utilize USTs.
The operation, monitoring and environmental compliance testing for all USTs and
ASTs are strictly regulated by the California Air Resources Board (CARB), the State
Water Resources Control Board (SWRCB), and the South Coast Air Quality
Management District (SCAQMD) to ensure protection of groundwater resources and
air quality. All tank and fueling dispensing components are required to be monitored
and inspected by individuals certified as Designated UST Operators. All monitoring
equipment must be tested and certified annually, vapor recovery systems must be
tested annually, and secondary containment systems must be tested triennially by
technicians who possess special qualifications for this testing. Monthly visual City of Culver City, California
Agenda Item Report
inspections need to be performed as well. Additionally, all repairs on these
components must be performed by certified tank specialists.
In 2007, a Request for Proposal (RFP) process was initiated to solicit bids from
qualified contractors for the noted services. After evaluating all bids received, Staff
determined Fleming was the most responsive and responsible bidder and
subsequently the City Council at the time approved a three-year contract between
the City and Fleming at a not to exceed amount of $35,674.00 with an optional two-
year extension at a not to exceed amount of $26,821.20.
DISCUSSION:
Fleming has presented a proposal to the City for a new three year agreement with
an optional two year extension at the discretion of the Director of Public Works/City
Engineer. The proposed contract amount over the initial three-year period would be
$35,674.00 and $26,821.20 over the two-year extension.
Culver City Municipal Code (CCMC) Sections 3.07.085 provides exemption from the
formal bidding process for professional services and only requires the award of the
contract be based upon competitive quotations from no less than three vendor
contractors whenever practical. Per Section 3.07.085.C.6 of the CCMC, this
contract would fall under the category of professional services, which includes the
repair and maintenance of City-owned buildings. .
In lieu of conducting another RFP process, Staff has determined the proposal by
Fleming is highly competitive and is recommending accepting their proposal since
they are proposing pricing levels that were agreed upon by the City and Fleming
back in 2007. The City has maintained an effective relationship with Fleming that
has resulted in thorough and timely responses to the monitoring and testing needs of
the City fuel sites. Fleming has extensive knowledge of the City’s UST operation
and monitoring documentation, as well as, history of repairs done at all four sites.
Fleming also works directly with all applicable regulatory agencies on behalf of the
City to ensure ongoing compliance. Because of these reasons, and due to the
complex nature of the City’s UST and AST operations, Staff recommends amending
the existing agreement with Fleming to continue providing the services noted.
FISCAL ANALYSIS:
Funding for the noted services has been appropriated for Fiscal Year 2012/2013 in
the Building Repair & Maintenance budgets of the Transportation, Police and Fire
Departments for their respective fueling sites.
Funding for repairs and minor modifications associated with changes in regulations
and mandates has been established in Capital Improvement Project No. 844 at
General Funded fuel sites (Police Department and both Fire Stations) and in the City of Culver City, California
Agenda Item Report
Transportation Department Capital Improvement account for the Transportation fuel
site.
ATTACHMENTS:
1. Copy of Fleming Environmental proposal.
MOTION:
That the City Council:
1. Approve an amendment to the existing professional services agreement with
Fleming Environmental to provide designated underground storage tank (UST)
operator services, environmental compliance testing, and associated (UST) and
above ground storage tank (AST) component repair at four (4) City fuel sites in a
not-to-exceed amount of $35,674.00 for the initial three years of the proposed
agreement; and,
2. Authorize the extension of the agreement for an additional two years at the
discretion of the Public Works Director/City Engineer in a not-to-exceed amount
of $26,821.20; and,
3. Authorize the City Attorney to review/prepare the necessary documents; and
4. Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: 11/12/2012
AGENDA ITEM: Amendment to the Existing Agreement with
Fleming Environmental Inc. to Continue Providing
Designated UST Operator Services, Environmental
Compliance Testing, and Associated UST and AST
Component Repair at Four (4) City Fuel Sites.
ATTACHMENTS
Pages
1 Proposal from Fleming Environmental, Inc. 1 Fleming Environmental Incorporated
1372 E. Valencia Dr. * Fullerton, CA 92821
(714) 871-2800 * Fax (714) 871-2801
License #746017
October 26, 2012
City of Culver City
Attn: Eric Mirzaian
9505 W. Jefferson Blvd.
Culver City, CA 90232
Re: Contract No. 2007-219A
Dear Eric,
It is our understanding that this contract for "Designated UST Operator Services,
Environmental Compliance Testing, and Associated UST & AST component Repair at Four
(4) City Fuel Sites" will be expiring in 2013. We would like to extend the offer to hold our
current pricing for this contract with no increases should the City decide to renew for three (3)
additional years with an optional two (2) year extension for a total of (5) years. The first three
(3) years would be performed on a not to exceed price of $35,674.00 and the optional two (2)
years would be performed on a not to exceed price of $26,821.20.
Please let me know if this is acceptable to the City.
Should you have any questions or require additional information, please do not hesitate to
contact me at 714-871-2800.
Sincerely,
Teny L. Fleming Jr.
President