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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director of Public
Works
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing an increase to annual
purchase order number 211117 in the
amount of $205,000 to Inland Regional
Material Recovery Facility (IRMRF) for
organic material (green waste) recycling
servIces.
Dept: Public Works - Integrated Waste
Management Division
Date: June 23,201 I
Meeting Date: July 18,2011
Synopsis of Previous Council Action:
12/18/06
Resolution 2006-439 authorizing the execution of an Agreement between the City
of San Bernardino and Republic Services for organic material (green waste)
recycling services.
Recommended Motion:
I. Authorize the Director of Finance to amend the FY 10-1 I Budget and transfer $165,000
from Account no. 527-400-5706-0000-0001 (Alterations and Renovations) to 527-400-
5179-0000-0095 (Dump and Waste Fees) and $40,000 from Account no. 527-400-5179-
0000-0097 (Dump and Waste Fees) to 527-400-5179-0000-0095 (Dump and Waste
Fees).
2. Adopt Resolution.
~~..
s' J
Ignature
Contact person: Jim Keezell,
Integrated Waste Division Manager
Phone:
7123
Supporting data attached:
Staff Report, Resolution and
Attachment "1"
Ward:
All
FUNDING REQUIREMENTS:
Amount: .
$205,000
Source:
Account Number: 527-400-
5179-0000-0095
Dump and Waste Fees
Finance:
Council Notes:
Agenda Item No. f?
. ~{rt~d-OtI
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an
increase to annual purchase order number 211117 in the amount of $205,000 to Inland Regional
Material Recovery Facility (IRMRF) for organic material (green waste) recycling services.
Background:
On December 16,2006, pursuant to Resolution 2006-439, the Mayor and Common Council of
the City of San Bernardino authorized the execution of an agreement and issuance of a purchase
order in the amount of $1,041,600 with Republic Services Inland Regional Material Recovery
Facility located at 2059 East Steel Road in Colton for organic material (green waste) recycling
services from January 1,2007 to December 31,2012 (See Attachment "I ").
The Public Works Department, Integrated Waste Management Division (IWMD), historically
collects approximately 28,000 tons of organic material (green waste) per year. IWMD currently
has a purchase order number 211117 in the amount of $919,000 which would allow for an
average annual organic recycling of24,684 tons for FY 2010-11.
In addition, IWMD has in place a program which notifies the customer if their recycling
container has contamination and is unable to be collected for service. The '.red tag" program
which has the recycling driver place a tag on contaminated containers was modified upon the
transition of the IWMD Customer Service to the Water Department. The modified program was
presented to the Mayor and Common Council on September 20, 2010 and adopted as part of
Resolution 2010-328. These efforts resulted in letters of notification to residents as well as a
door to door outreach program concerning contamination of the organic waste and recycling
containers. The majority of red tags issued are for organic waste contamination; and to date, the
modified program has proved effective in reducing contamination and increasing the amount of
organic waste material collected.
Due in part to the efforts of the red tag program, community outreach as well as field employee
involvement, the City is estimating that 29,629 tons of organic material was disposed in FY
2010-11. The figure equates to an estimated annual disposal cost of$I,102,791.30
Since the IWMD currently has a purchase order for $919,000, a $205,000 increase is needed to
accommodate the increased organic tonnage. Staff is recommending this resolution be adopted
and the existing Purchase Order with IRMRF be increased by $205,000 to accommodate the
increased organic waste tonnage.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Financial Impact:
There will be no impact to the General Fund. Funds for this increase are contained in the Public
Works Department, Integrated Waste Management Division (IWMD) FY 2010-11 budget
account for alterations and renovations (no. 527-400-5706-0000-0001) in the amount of
$165,000 and account for dump waste fees (no. 527-400-5179-0000-0097) in the amount of
40,000.
Account Number: 527-400-5706-0000-0001 Budgeted Amount: $253,000
Balance as of June 23, 20 II: $203,753 Balance after approval of this item: $38,753
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Account Number: 527-400-5179-0000-0097 Budgeted Amount: $110.000
Balance as of June 23, 2011: $42,047 Balance after approval of this item: $2.047
Please note this balance does not indicate available fUnding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
1. Authorize the Director of Finance to amend the FY 2010-11 Budget and transfer
$165,000 from Account no. 527-400-5706-0000-0001 (Alterations and Renovations) to
527-400-5179-0000-0095 (Dump and Waste Fees) and $40,000 from Account no. 527-
400-5179-0000-0097 (Dump and Waste Fees) to 527-400-5179-0000-0095 (Dump and
Waste Fees).
2. Adopt Resolution.
Attachments:
Resolution 2006-439
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1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN INCREASE TO ANNUAL PURCHASE
ORDER NUMBER 211117 IN THE AMOUNT OF $205,000 TO INLAND REGIONAL
MATERIAL RECOVERY FACILITY (IRMRF) FOR ORGANIC MATERIAL (GREEN
WASTE) RECYCLING SERVICES.
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WHEREAS, the current purchase order of $919,000 needs to be increased by $205,000
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for a total purchase order amount of$I,124,000.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
8 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION I. That the Mayor and Common Council of the City of San Bernardino
10 hereby authorize an increase in the existing purchase order by an additional $205,000.
11 SECTION 2. The Purchase order shall reference this Resolution and shall read, "Inland
12 Regional Material Recovery Facility (IRMRF) for organic material (green waste) recycling
13 servIces. ..
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN INCREASE TO ANNUAL PURCHASE
ORDER NUMBER 211117 IN THE AMOUNT OF $205,000 TO INLAND REGIONAL
MATERIAL RECOVERY FACILITY (IRMRF) FOR ORGANIC MATERIAL (GREEN
WASTE) RECYCLING SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on the
7 day of
8 Council Members:
9 MARQUEZ
10 VACANT
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
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, 20 I I, by the following vote, to wit:
AYES
NAYS
ABSTAIN
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
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Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to Form:
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,(~
. Penman, City Attorney
ABSENT
201 I.
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RESOLUTION NO. 2006-439
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND REPUBLIC SERVICES FOR
GREEN WASTE RECYCLING SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
ex!,!cute on behalf of said City an Agreement between the City of San Bernardino and
Republic Services for six-year term, with three one-year extensions, at the City's
option, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein
by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Amendment is
rescinded if not issued within sixty (60) days of the passage of this resolution.
I I I
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December 14. 2006
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND REPUBLIC SERVICES FOR
GREEN WASTE RECYCLING SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bemardino at a joint re~ular
meeting thereof, held on the 18 th
day of December
, 2006, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~~h.~
Ra el G. Clark, CIty Clerk
The foregoing resolution is hereby approved this c::<!a7Y- day of
~on<f6f' ,2006.
Approved as to Form:
December 14, 2006
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2006-439
PROFESSIONAL SERVICES AGREEMENT FOR
PROCESSING ORGANIC MATERIALS
THIS AGREEMENT is made and entered into this 18TH day
DECEMBER ,2006 ("Effective Date"), by and between the CITY OF
BERNARDINO, a municipal corporation ("City"), and Republic Services
of Southern Calif. ~~1~. a Delaware limited liability
company ("Contractor").
of
SAN
""XlIX
WIT N E SSE T H:
WHEREAS, The Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the
California Public Resources Code as Section 40000 et seq., has declared that it is in the
public interest to authorize and require local agencies to make adequate provision for
the disposal of Solid Waste within their jurisdictions; and
WHEREAS, City and Contractor are mindful of the provIsions of the laws
governing the safe collection, transport, recycling, and disposal of Solid Waste,
including AS 939 (as amended), the Resource Conservation and Recovery Act
("RCRA"), and the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their
respective roles and to memorialize that by entering into this Agreement City is not
thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA,
and that it is Contractor, not City, who is "arranging for" the disposal, composting, and
recycling of Organic Material which may contain hazardous substances; and further to
confirm that Contractor has agreed to indemnify the City in connection with any claims
relating to the inadvertent or intentional disposal of hazardous materials that may occur
in connection with Contractor's performance under this Agreement.
WHEREAS, City and Contractor understand and agree that it is Contractor, and
not City, who will take title to the Organic Materials, that City has not, and, by this
Agreement does not, instruct Contractor on its methods of performing the duties under
this Agreement. Any title in and to such Organic Materials that otherwise might exist in
or with City in the absence of this Agreement is hereby transferred to Contractor.
WHEREAS, Contractor has agreed, as part of this Agreement, to provide such
services as are necessary to ensure City complies with the requirements of Public
Resources Code Section 40000, et seq.
WHEREAS, City proposes to have Contractor perform the services described in
the City's Request for Proposal and incorporated herein by reference and Contractor's
Response to City's Request for Proposal; and
WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
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Professional Services Agreement For Processing Organics Materials 11.06
2006-439
49 WHEREAS, City and Contractor desire to contract for specific services in
50 connection with the Diversion of Organic Materials and desire to set forth their rights,
51 duties and liabilities in connection with the services to be performed; and
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53 WHEREAS, no official or employee of City has a financial interest, within the
54 provisions of California Government Code, Sections 1090-1092, in the subject matter of
55 this Agreement.
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57 NOW, THEREFORE, for and in consideration of the mutual covenants and
58 conditions contained herein, the parties hereby agree as follows:
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60 SECTION 1.00 RECITALS
61
62 The Parties acknowledge the above recitals are true and correct and incorporate
63 them herein as if they were fully restated.
64
65 SECTION 2.00 DEFINITIONS
66
67 Whenever any term used in this Agreement has been defined by Division 30,
68 Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City
69 of San Bernardino Municipal Code, the definition of such term set forth therein shall
70 apply unless the term is otherwise defined in this Agreement. The terms defined herein
71 shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall
72 have their ordinary meaning.
73
74 2.1 "AB 939" shall mean the California Integrated Waste Management Act of 1989,
75 currently codified as Califomia Public Resources Code Section 40000 et seq. as
76 it may be amended from time to time.
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78 2.2 "City" means the City of San Bernardino, a municipal corporation.
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80 2.3 "Composting" means the controlled decomposition of organic material. as further
81 described in AB 939.
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83 2.4 "Contractor" shall mean Republic Services of Southern Califomia, LLC, a
84 California Corporation, the entity entering this Agreement with the City, or any
85 party permitted pursuant to the terms hereof to become the successor or
86 assignee thereof.
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88 2.5 "Diversion" means landfill diversion in compliance with AB 939.
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90 2.6 "Effective Date" shall mean _De c ~ I g , 2006.
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92 2.7 "Hazardous Waste" means (i) all waste defined or characterized as hazardous
93 waste by the federal Solid Wa.ste Disposal Act (42 U.S.C. ~ 3251 et seq.), as
94 amended, including the Resource Conservation and Recovery Act of 1976 (42
95 U.S.C. ~ 6901 et seq.) and all future amendments thereto, or regulations
96 promulgated thereunder and (ii) all waste defined or characterized as hazardous
97 waste by the principal agencies of the State of California (including without
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Professklnal Servlces Agreement For Processing Organics Materials 11-06
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2006-439
limitation the Department of Health Services and the Califomia Waste
Management Board) having jurisdiction over hazardous waste generated by
facilities within such state, provided that the term "Hazardous Waste":
A. Is intended to mean and include those substances that are not normally
expected to be disposed of by generally accepted sanitary landfill disposal
methods;
B. Shall include radioactive wastes; and
C. Shall be construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by two or more
govemmental agencies having concurrent or overlapping jurisdiction over
hazardous waste.
2.8 "Municipal Code" shall mean the City of San Bernardino Municipal Code.
2.9 "Organic Material" or "Organics" shall mean all City collected yard waste,
including leaves, grass, and trimmings, which is capable of being diverted
through composting or other means.
2.10 "RFP" means the City's Request for Proposal, attached hereto as Exhibit "A" and
incorporated herein as though set forth in full.
2.11 "Response" means Contractor's response or proposal to City's RFP, attached
hereto as Exhibit "B" and incorporated herein as though set forth in full.
3.0. SERVICES PROVIDED BY CONTRACTOR
3.1. Scooe of Services. Contractor shall provide the services described in
Contractor's Response.
3.2 Eauioment. Contractor shall furnish all labor, materials and equipment
necessary to perform the services contemplated by this Agreement.
3.3. Professional Practices. All professional services to be provided by
Contractor pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence
and skill ordinarily exercised by professional Contractors in similar circumstances in
accordance with sound professional practices. Contractor also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Contractor's performance of this
Agreement.
3.4 Restriction on Manner of Collection. In order to ensure City complies with
the provisions of AB 939, and to accurately account for and report the amount of Solid
Waste including Organic Material collected within the City Limits and processed and/or
disposed pursuant to this Agreement, City Organic Material shall not be commingled
with any other Organic Material until City Organic Material has been weighed and/or
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Professional Services Agreement For Processing Organics Materials 11-06
2006-439
147 accounted for in some other manner.
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149 3.5 Pursuit and Manaaement of Grants. Contractor shall assist City in
150 pursuing grants and other funding as may become available for compesting, public
151 education and other organics related programs. Contractor shall manage any such
152 funding obtained, and implement any programs that may be funded, if requested to do
153 so by City, and shall be entitled to compensation for such management services if the
154 funding in question may be utilized to so compensate Contractor.
155
156 3.6. Warranty. Contractor warrants that it shall perform the services required
157 by this Agreement in compliance with all applicable Federal and Califomia employment
158 laws Including but not limited to those laws related to minimum hours and wages;
159 occupational health and safety; fair employment and employment practices; workers'
160 compensation insurance and safety in employment; and all other Federal, State and
161 local laws and ordinances applicable to the services required under this Agreement.
162 Contractor shall indemnify and hold harmless City from and against all claims,
163 demands, payments, suits, actions, proceedings, and judgments of every nature and
164 description including attomeys' fees and costs, presented, brought, or recovered
165 against City for, or on account of any liability under any of the above-mentioned laws,
166 which may be incurred by reason of Contractor's performance under this Agreement.
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168 3.7. Non-discrimination. In performing this Agreement, Contractor shall not
169 engage in, nor permit its agents to engage in, discrimination in employment of persons
170 because of their race, religion, color, national origin, ancestry, physical handicap,
171 medical condition, marital status, sexual gender or sexual orientation, except as
172 permitted pursuant to Section 12940 of the Government Code. Violation of this
173 provision may result in the imposition of penalties referred to in Labor Code, Section
174 1735.
175
176 3.8. Business License. Contractor warrants it possesses, or shall obtain, and
177 maintain during the term of this Agreement a business registration certificate pursuant
178 to Title 5 of the City of San Bemardino Municipal Code, and any and all other licenses,
179 permits, qualifications, insurance and approvals of whatever nature that are legally
180 required of contractor/consultant/vendor to practice its profession, skill or business.
181
182 3.9. Defeoation and Assianment. This is a personal service contract. and the
183 duties set forth herein shall not be delegated or assigned to any person or entity without
184 the prior written consent of City. Contractor may engage a subcontractor(s) as
185 permitted by law and may employ other personnel to perform services contemplated by
186 this Agreement at Contractor's sole cost and expense.
187
188 4.0 CITY RESPONSIBLlLlTIES
189
190 4.1 Access to City Documents. City shall provide to Contractor access to all
191 information and documents in City's possession that are relevant and material with
192 respect to Contractor's performance of this Agreement.
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194 4.2 Access to City Owned Prooertv. City will provide access to and make
195 provisions for Contractor to enter upon City-owned properly as may be required by
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Professional Servk:es Agreement For Processing Organics Materials 11-06
2006-439
196 Contractor to perform the services contemplated by this Agreement.
197
198 5.0. TERM AND TERMINATION
199
200 5.1. Term. This Agreement shall commence on the Effective Date and
201 continue for a period of six (6) years, ending December 31, 2012, (the "Initial Term")
202. unless previously terminated as provided herein or as otherwise agreed to in writing by
203 the parties. Subject to the provisions herein, the Initial Term of this Agreement may be
204 renewed for up to three (3) successive one (1) year terms ("Extended Term"). Such
205 Extended Term will be deemed automatic unless the City provides Contractor written
206 notice of City's intent not to extend the Agreement at least 180 days prior to the
207 expiration of the then current term of this Agreement.
208
209 5.2. Termination. The City reserves and has the right and privilege of
210 canceling, suspending or abandoning the execution of all or any part of the work
211 contemplated by this Agreement, with cause, at any time, by providing thirty (30) days
212 written notice to Contractor. In the event of such termination, Contractor shall
213 immediately stop rendering services under this Agreement unless directed otherwise by
214 the City.
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216 5.3. Comoensation. In the event of early termination, City shall pay Contractor
217 compensation for all Organic Material delivered by the City as of the date of termination.
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219 6.0. COMPENSATION AND ACCOUNTING
220
221 6.1. Monthly Fee Calculation. Contractor's monthly fees shall be calculated as
222 set forth in the "Fee Schedule" attached hereto as Exhibit "C" and
223 incorporated herein by this reference. Contractor shall perform material
224 characterization to determine the percentage of contamination at least on
225 an annual basis. Prior to the initial characterization, Contractor shall
226 provide a description of its characterization process to the City. The
227 characterization process used shall be the same as processes for other
228 municipalities served by the Contractor. Contractor will adyise City of the
229 time for each characterization of City material and the City has the right,
230 but not the obligation to observe each such characterization.
231
232 6.2. Monthly Summarv Reoorts. At the time of submission of its monthly fee
233 calculation, Contractor will provide the City with a monthly report on the
234 overall amount of Organic Materials delivered by the City.
235
236 6.3. Pavment by City. Contractor shall submit its monthly fee calculation and
237 monthly summary reports within ten (10) calendar days following the end
238 of each month. Upon receipt City shall immediately review Contractors
239 fee calculation and monthly summary reports, and identify missing or
240 inaccurate information to the Contractor. Contractor shall make such
241 corrections as are necessary or reasonably required by City and submit a
242 revised fee calculation and monthly summary report, if necessary, to the
243 City for payment. City shall have no obligation to pay Contractor for
244 disputed portions of the fee calculation. City shall make payment of all
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6.5.
2006-439
undisputed amounts to Contractor within 20 days of Contractor's
submission of the monthly fee calculation and monthly summary report.
Annual Fee Adjustment. Annual fee adjustments to Contractor's Fee
Schedule shall be based on two components: (1) The Landfill Disposal
Component (12.5% of the rate) and the Processing Cost Component
(87.5% of the rate). The Landfill Disposal Component shall be the actual
cost for disposal of residual material at the County of San Bemardino's
Landfill. The Processing Cost component includes Contractor's direct
operating costs, including, but not limited to labor, equipment and
insurance costs. The annual fee adjustment for the Processing Cost
Component shall be calculated using the Consumer Price Index ("CPI") for
all Urban Consumers for the Los Angeles-Anaheim-Riverside Standard
Metropolitan Statistical Area for April each year of the term of this
Agreement. The annual fee adjustment shall become effective July 1 of
each year.
Annual Extraordinarv Adiustment of Fees.
In addition to the annual fee adjustment based on the CPI pursuant to
Section 6.4 above, Contractor's fees may also be increased or decreased
no more than once per year for the term of this Agreement if the
increase/decrease in Contractor's Processing Cost Component is directly
attributable to any or all of the following:
a. Changes in local, state and/or federal laws or regulations
goveming the collection, disposal and recycling of green
waste hereunder; or
b. Changes in fuel, energy, insurance and/or labor costs
incurred in the collection, disposal and recycling of green
waste hereunder.
An increase in the rate pursuant to this section shall be allowed only if the
aggregate of all percentage increases in Contractor's Processing Cost
Component for a contract year are attributable to items (a) and (b) above,
inclusive, are greater than one hundred-twenty (120%) percent of CPI.
The amount of such increase shall be the percentage by which the
aggregate increase exceeds one hundred-twenty (120%) percent for a
contract year. (e.g., Direct operating costs increase one-hundred-flfty
(150%) percent. Contractor may request an extraordinary increase of
thirty (30%) percent.) Similarly, Contractor's annual fees shall be
decreased if the Contractor's Processing Cost Component decreases in
the aggregate exceed one hundred-twenty (120%). The amount of such
decrease shall be the amount by which the aggregate decrease exceeds
one hundred-twenty (120%) for an Agreement year.
Contractor shall intemally determine whether an extraordinary increase in
fees is warranted. If Contractor believes an adjustment is warranted,
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Professional Services Agrlle!Tlent For ProcessIng Organics Matenals 11-06
2006-439
294 Contractor shall, no later than April 30th of the then-current year, submit to
295 City a report with supporting documentation and calculations detailing the
296 nature and amount of the requested adjustment. Any such adjustment
297 shall be subject to City's reasonable review and approval and any
298 approval by City of any such increase shall be in writing. The
299 measurement period for determining whether an extraordinary increase or
300 decrease occurred shall be from April 1 st of the previous calendar year to
301 March 31 st of the then-current calendar year. Any adjustment pursuant to
302 this Section shall be effective as of the commencement of the immediately
303 following contract year, and shall only apply to that contract year.
304
305 Upon expiration of the contract year in which an extraordinary fee increase
306 has been approved by City, Contractor shall submit to City a report with
307 supporting documentation and calculations supporting the continued
308 imposition of the extraordinary fee increase. If the basis for said
309 extraordinary fee increase no longer exists, Contractor's fees shall revert
310 back to the fees in effect prior to the extraordinary fee increase.
311
312 6.6 Pavment of Contract Related Administrative EXDenses. Within thirty days
313 of the Effective Date of this Agreement Contractor shall make a one-time payment to
314 City in the amount of $ 2,000.00 ("Administrative Expenses") which sum is intended to
315 help defray the administrative and overhead costs City has incurred in connection with
316 negotiating, drafting, reviewing, and otherwise preparing this Agreement.
317
318 6.7 Late Pavment of Administrative EXDenses. Interest on Administrative
319 Expenses past due will be assessed at the rate of 1.5% per month until paid.
320
321 6.8. Additional Services. Contractor shall not receive compensation for any
322 services provided outside the scope of services specified in the Response unless the
323 City or its Project Manager, prior to Contractor performing the additional services,
324 approves such additional services in writing. It is specifically understood that oral
325 requests and/or approvals of such additional services or additional compensation shall
326 be barred and are unenforceable.
327
328 6.9. Records and Audits. Records of Contractor's services relating to this
329 Agreement shall be kept on a generally recognized accounting basis and shall be made
330 available to City or its Project Manager for inspection and/or audit at mutually
331 convenient times for a period of three (3) years from the commencement of this
332 Agreement. Contractor shall maintain books and accounts of all project related weights
333 by material type. Such records shall be available at all reasonable times for examination
334 by the City at the office of Service Provider.
335
336 7.0. TIME OF PERFORMANCE
337
338 7.1. Commencement of Work. The professional services to be performed
339 pursuant to this Agreement shall commence within five (5) days from the Effective Date
340 of this Agreement.
341
342 7.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
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343 performance resulting from acts beyond the reasonable control of the party or parties.
344 Such acts shall include, but not be limited to, acts of God, fire, strikes, material
345 shortages, compliance with laws or regulations, riots, acts of war, or any other
346 conditions beyond the reasonable control of a party.
347
348 8.0. INSURANCE
349
350 8.1. Minimum SCODe and Limits of Insurance. Contractor shall obtain and
351 maintain during the life of this Agreement all of the following insurance coverages:
352
353 (a) Comprehensive general liability, including premises-operations,
354 products/completed operations, broad form property damage,
355 blanket contractual liability, independent contractors, personal
356 injury with a policy limit of not less than One Million ($1,000,000.00)
357 Dollars per occurrence and Two Million ($2,000,000.00), aggregate.
358
359 (b) Automobile liability for owned vehicles, hired, and non-owned
360 vehicles, with a policy limit of not less than One Million
361 ($1,000,000.00) Dollars, combined single limits, per occurrence and
362 aggregate.
363
364 (c) Workers' compensation insurance as required by the State of
365 California.
366
367 8.2. Endorsements. The comprehensive general liability and automobile
368 liability insurance policies shall contain or be endorsed to contain the following
369 provisions:
370
371 (a) Additional insureds: "The City of San Bernardino and its elected
372 and appointed boards, officers, agents, and employees are
373 additional insureds with respect to this subject project and contract
374 with City."
375
376 (b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
377 nor the coverage reduced, until thirty (30) days after written notice
378 is given to City."
379
380 (c) Other insurance: "Any other insurance maintained by the City of
381 San Bernardino shall be excess and not contributing with the
382 insurance provided by this policy."
383
384 8.3. Certificates of Insurance: Contractor shall provide to City certificates of
385 insurance showing the insurance coverages and required endorsements described
386 above, in a fonn and content approved by City, prior to perfonning any services under
387 this Agreement.
388
389 8.4. Non-Iimitina: Nothing in this Section shall be construed as limiting in any
390 way, the indemnification provision contained in this Agreement, or the extent to which
391 Contractor may be held responsible for payments of damages to persons or property.
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9.0. GENERAL PROVISIONS
9.1. Entire Aareement: This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any
and all other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification. The
terms of this Agreement shall prevail over any inconsistent provision in any other
contract document appurtenant hereto, including exhibits to this Agreement.
9.2. Reoresentatives. The City Manager or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents,
approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this
Agreement who shall be authorized to issue all consents. approvals, directives and
agreements on behalf of Contractor called for by this Agreement, except as otherwise
expressly provided in this Agreement.
9.3. Proiect Manaaers. City designates the Solid Waste Manager to act as the
Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and
be its agent in all consultations with City during the term of this Agreement. Contractor
or its Project Manager shall attend and assist in all coordination meetings called by City.
9.4. Notices: Any notices, documents, correspondence or other
communications conceming this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. If such
communication is sent through regular United States mail, it shall be deemed served or
delivered 48 hours after deposit in the U.S. Mail as reflected by the official U.S.
postmark. In all other instances, notices, bills, and payments shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills, and payments are given by giving notice pursuant to this
paragraph.
IF TO CONTRACTOR:
RepUblic Services of Southem
Califomia
3059 E. Steel Road
Colton CA 92324
IF TO CITY:
City of San Bemardino
Public Services Director
Public Services Department
300 N "0" Street
San Bernardino, CA 92418
Attn: Thomas J. Vogt
Attn: Ken Fischer
9.5. Attomevs' Fees: In the event that litigation is brought by any party in
connection with this Agreement. the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
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441 enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
442 expenses of the City Attomey and members of his office in enforcing this Agreement on
443 behalf of the City shall be considered as "attorneys' fees" for the purposes of this
444 Agreement.
445
446 9.6. Governino Law: This Agreement shall be governed by and construed
447 under the laws of the State of California. In the event of any legal action to enforce or
448 interpret this Agreement, the parties hereto agree that the sole and exclusive venue
449 shall be a court of competent jurisdiction located in San Bernardino County, California,
450 or the United Sates District Court, Central District of California, Eastern Division.
451
452 9.7. Assianment: Contractor shall not voluntarily or by operation of law assign,
453 transfer, sublet or encumber all or any part of Contractor's interest in this Agreement
454 without City's prior written consent. Any attempted assignment, transfer, subletting or
455 encumbrance shall be void and shall constitute a breach of this Agreement and cause
456 for termination of this Agreement. Regardless of City's consent, no subletting or
457 assignment shall release Contractor of Contractor's obligation to perform all other
458 obligations to be performed by Contractor hereunder for the term of this Agreement. In
459 the event of mutual agreement between the parties to sublet a portion of the services to
460 be performed pursuant to this Agreement, Contractor shall add the subcontractor as an
461 additional insured to Contractor's insurance policy and provide City with the insurance
462 endorsements prior to any work being performed by the subcontractor. Assignment
463 does not include printing or other customary reimbursable expenses that may be
464 provided in this Agreement.
465
466 9.8. Indemnification and Hold Harmless: Contractor shall protect, defend,
467 indemnify and hold harmless City and its elected and appointed officials, officers, and
468 employees from any and all claims, liabilities, expenses, including attomey fees,
469 damage to property or injuries to or death of any person or persons or damages of any
470 nature including, but not by way of limitation, all civil claims or workers' compensation
471 claims arising out of or in any way connected with the intentional or negligent acts,
472 errors or omissions of Contractor, its employees and/or authorized agents or
473 subcontractors in the performance of this Agreement.
474
475 9.9. Emolovment Indemnification: Contractor expressly waives all rights to
476 subrogation against City, its Officers, employees and volunteers for losses arising from
477 work performed by Contractor for City by expressly waiving Contractor's immunity for
478 injuries to Contractor's employees and agrees that the obligation to indemnify, defend
479 and hold harmless provided for in this Agreement extends to claims brought by or on
480 behalf of any employee of Contractor. This waiver is mutually negotiated by the parties.
481 This shall not apply to any damage resulting from the sole negligence of City, its agents
482 and employees.
483
484 9.10 Hazardous Substances Indemnification: Without regard to any insurance
485 coverage or requirements, and without limiting the above general indemnification
486 obligation in any way, Contractor specifically agrees to and shall, to the maximum
487 extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify,
488 and hold City and its past and present officers, council members, employees,
489 consultants and agents (hereinafter "Indemnified Parties") harmless from and against
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490 any and all claims, actions, liabilities, damages, demands, judgments, losses, costs,
491 liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and
492 all other losses, damages, fees and expenses of whatever kind or nature ("Claims")
493 (including but not limited to response costs, investigative costs, assessment costs,
494 monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and
495 similar costs, damages and expenses) that arise out of or are alleged to arise out of or
496 in any way relate to any action, inaction or omission of Contractor that:
497
498 (a) results in any demand, claim, notice, order, or lawsuit, asserting
499 that any Indemnified Party is liable, responsible or in anyway obligated to investigate,
500 assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
501 Hazardous Contaminant (as defined herein); or
502
503 (b) relates to material collected, transported, recycled, treated or
504 disposed of by Contractor.
505
506 Contractor's obligations pursuant to this Section shall apply, without limitation, to:
507
508 (a) any Claims brought pursuant to or based on the provisions of the
509 Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
510 42 U.S.C. ~ 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42
511 U.S.C. ~ 9601 et seq., the California Hazardous Substances Account Act (California
512 Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control
513 Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-
514 Cologne Act (California Water Code Section 13000 et seq.), and any and all
515 amendments and regulations thereto, and any other Federal, State, regional or local
516 environmental statutory or regulatory provision;
517
518 (b) any Claims based on or arising out of or alleged to be arising out of
519 the ownership, use, lease, sale, design, construction, maintenance or operation of
520 Contractor of any facility;
521
522 (c) any Claims based on or arising out of or alleged to be arising out of
523 the marketing, sale, distribution, storage, transportation, disposal, processing or use of
524 any materials recovered by Contractor;
525
526 (d) any Claims based on or arising out of or alleged to be arising out of
527 any breach of any express or implied warranty, representation or covenant arising out of
528 or in connection with this Agreement.
529
530 The foregoing indemnity shall apply irrespective of the negligence or willful
531 misconduct of Contractor or any affiliate of Contractor.
532
533 For purposes of this Section, the term "Hazardous Contaminant" shall mean any
534 "hazardous materia'," as that term is defined under California Health & Safety Code
535 Section 25501 (1); any "hazardous substance," as that term is defined under California
536 Health & Safety Code Sections 25281 (t), 25501 (e), 25501.1 and under Title 42, Section
537 9601(14) of the United States Code; any "hazardous waste," as that term is defined
538 under Title 42, Section 6093(5) of the United States Code and under California Health &
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539 Safety Code Section 25550(m); any chemical which the Governor has identified as a
540 chemical known to the State to cause cancer or reproductive toxicity pursuant to
541 California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined
542 petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-
543 containing material. The term "Hazardous Contaminant" shall also include any and all
544 amendments to the above-referenced statutory and regulatory provisions made before
545 or after the date of execution of this Agreement.
546
547 The provisions of this Section shall not terminate or expire and shall survive the
548 termination or expiration of this Agreement.
549
550 9.11. Indeoendent Contractor: Contractor, at all times while performing under
551 this Agreement, is and shall be acting at all times as an independent contractor and not
552 as an agent or employee of City. Contractor shall secure, at his expense, and be
553 responsible for any and all payment of wages, benefits and taxes including but not
554 limited to, Income Tax, Social Security, State Disability Insurance Compensation,
555 Unemployment Compensation, and other payroll deductions for Contractor and its
556 officers, agents, and employees, and all business licenses, if any are required, in
557 connection with the services to be performed hereunder. Neither Contractor nor its
558 officers, agents and employees shall be entitled to receive any benefrts which
559 employees of City are entitled to receive and shall not be entitled to workers
560 compensation insurance, unemployment compensation, medical insurance, life
561 insurance, paid vacations, paid holidays, pension, profit sharing or social security on
562 account of Contractor and its officers' agents' and employees' work for the City. This
563 Agreement does not cteate the relationship of agent, servant, employee, partnership or
564 joint venture between the City and Contractor.
565
566 9.12 Ownershio of Documents: All reports, documents, information and data,
567 including but not limited to computer tapes or discs, files and tapes furnished or
568 prepared by Contractor or any of its subcontractors in the course of performance of this
569 Agreement, shall be and remain the sole property of City upon termination of this
570 Agreement. Any use of such documents for other projects, and any use of incomplete
571 documents, shall be at the sole risk of City and without liability or legal exposure to
572 Contractor. Contractor shall deliver to City any plans, specifications, studies, reports,
573 drawings or any other Project related items as requested by City or its authorized
574 representative, at no additional cost to the City.
575
576 9.13 Public Records Act Disclosure: Contractor has been advised and is aware
577 that all reports, documents, information and data including, but not limited to, computer
578 tapes, discs or files fumished or prepared by Contractor, or any of its subcontractors,
579 and provided to City may be subject to public disclosure as required by the Califomia
580 Public Records Act (Califomia Government Code Section 6250 et. seq.). Exceptions to
581 public disclosure may be those documents or information that qualify as trade secrets,
582 as that term is defined in the Califomia Government Code Section 6254.7, and which
583 Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status.
584 The City will endeavor to maintain as confidential all information obtained by it that is
585 designated as proprietary. The City shall not, in any way, be liable or responsible for the
586 disclosure of any such records including, without limitation, those so marked if
587 disclosure is deemed to be required by law or by order of the Court.
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588
589 9.14. Confidentialitv. All findings, reports, information and exhibits prepared or
590 assembled by Contractor in connection with the performance of its professional services
591 pursuant to this Agreement are confidential and Contractor agrees that they shall not be
592 made available to any individual or organization without the prior consent of City.
593
594 9.15. Resoonsibilitv for Errors. Contractor shall be responsible for its work and
595 results under this Agreement. Contractor, when requested, shall furnish clarification
596 and/or explanation as may be required by the City's representative, regarding any
597 services rendered under this Agreement at no additional cost to City. In the event that
598 an error or omission attributable to Contractor occurs, then Contractor shall, at no cost
599 to City, provide all necessary design drawings, estimates and other Contractor
600 professional services necessary to rectify and correct the matter to the sole satisfaction
601 of City and to participate in any meeting required with regard to the correction.
602
603 9.16. Prohibited Emolovment: Contractor will not employ any regular employee
604 of City while this Agreement is in effect.
605
606 9.17. Order of Precedence: In the event of an inconsistency in this Agreement
607 and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If
608 and to the extent this Agreement incorporates by reference any provision of the RFP or
609 the Response, such provision shall be deemed a part of this Agreement. Nevertheless,
610 if there is any conflict among the terms and conditions of this Agreement and those of
611 any such provision or provisions so incorporated by reference, this Agreement shall
612 govern over both the Response and the RFP and the Response shall govern over the
613 RFP.
614
615 9.18. Costs: Each party shall bear its own costs and fees incurred in the
616 preparation and negotiation of this Agreement and in the performance of its obligations
617 hereunder except as expressly provided herein.
618
619 9.19. No Third PartY Beneficiarv Riahts: This Agreement is entered into for the
620 sole benefit of City and Contractor and no other parties are intended to be direct or
621 incidental beneficiaries of this Agreement and no third party shall have any right in,
622 under or to this Agreement.
623
624 9.20. Headinas: Paragraphs and subparagraph headings contained in this
625 Agreement are included solely for convenience and are not intended to modify, explain
626 or to be a full or accurate description of the content thereof and shall not in any way
627 affect the meaning or interpretation of this Agreement.
628
629 9.21. Construction: The parties have participated jointly in the negotiation and
630 drafting of this Agreement. In the event an ambiguity or question of intent or
631 interpretation arises with respect to this Agreement. this Agreement shall be construed
632 as if drafted jointly by the parties and in accordance with its fair meaning. There shall
633 be no presumption or burden of proof favoring or disfavoring any party by virtue of the
634 authorship of any of the provisions of this Agreement.
635
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636 9.22. Amendments: Only written amendments executed by the parties hereto or
637 their respective successors and assigns may amend this Agreement.
638
639 9.23. Waiver: No waiver of any provision of this Agreement shall be effective
640 unless in writing and signed by a duly authorized representative of the party against
641 whom enforcement of a waiver is sought. The waiver of any right or remedy in respect
642 to any occurrence or event shall not be deemed a waiver of any right or remedy in
643 respect to any other occurrence or event, nor shall any waiver constitute a continuing
644 waiver.
645
646 9.24. Severabilitv: If any provision of this Agreement is determined by a court of
647 competent jurisdiction to be unenforceable in any circumstance, such determination
648 shall not affect the validity or enforceability of the remaining terms and provisions hereof
649 or of the offending provision in any other circumstance.
650
651 9.25. CounterDarts: This Agreement may be executed in one or more
652 counterparts, each of which shall be deemed an original. All counterparts shall be
653 construed together and shall constitute one agreement.
654
655 9.26. Coroorate Authority: The persons executing this Agreement on behalf of
656 the parties hereto warrant .that they are duly authorized to execute this Agreement on
657 behalf of said parties and that by doing so, the parties hereto are formally bound to the
658 provisions of this Agreement.
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2006-439
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A municipal corporation
ATTEST:
~.,,-IJ. ~_
Rach I Clark, City Clerk
City of San Bernardino
APPROVED AS TO FORM:
CONTRACTOR
15
Professional Services Agreement For processing Organics Materials 11-06
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EXHIBIT "An
CITY'S REQUEST FOR PROPOSAL
Page 16 of22
2006-439
CITY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
TO PROVIDE
ORGANIC MATERIALS DIVERSION
INTRODUCTION
The City of San Bernardino provides residential, commercial and roll-off collection
services. The City operates a curbside green waste collection program serving
approximately 40,000 residences within the city limits. The City provides weekly,
automated green waste collection in 90-gallon containers. Container collection includes
some small businesses and multi dwelling units. The City also provides roll-off
collection, including land clearing and yard clean up. Refuse is disposed under the San
Bernardino County Waste Delivery Agreement, with Mid-Valley Landfill in Rialto as the
designated disposal site.
The City of San Bernardino is interested in expanding to a residential organics program,
including co-collected food waste in the green waste containers. However, this
anticipated expansion initially depends on identifying a qualified organic materials
processor to receive the mixed organic material. The City does collect highly
concentrated food service waste loads (including restaurants, markets, and processors).
This material is available for use in an organics material processing operation.
This RFQ and Bid Proposal will be used to select one or more service providers to
process the City's collected green waste. Bidders also are sought for commercial food
waste processing; and/or mixed residential organics (food and green waste).
PROJECT DESCRIPTION
One or more selected service providers will be required to execute a service agreement
with the City. Under the terms of the agreement, the selected service provider will
process and divert specified materials from the City's organic collection programs; and
will transfer and dispose of program residue. The Local Enforcement Agency for San
Bernardino County may require selected providers to obtain one or more Solid Waste
Facility Permits to provide transfer station, composting, or other related services.
Selected service providers will be responsible for obtaining and paying for all required
permits, including local land use approvals and Solid Waste Facility Permits; and for
operating in compliance with the permits. The term of the agreement will be for seven
(7) years with three (3) single-year renewal options.
PROPOSAL SUBMISSION PROCEDURES AND REQUIREMENTS
Organizations interested in submitting a proposal shall submit five (5) copies of their
proposal to:
Solid Waste Manager
City of San Bernardino
234 South Mountain View Avenue
San Bernardino, CA 92408
Page 10f6
2006-439
All proposals and copies of proposals shall be submitted on recycled content paper,
with at least 30% post-consumer content.
BIDDER'S CONFERENCE
The Bidder's Conference will be held on Monday, February XX, 2006. The location for
the Bidder's Conference will be the Public Services Conference Room "A" 4th Floor at
300 North "0" Street, from 10:00 a.m. to 12:00 p.m. City will accept bids only from those
bidders who have attended the Bidder's Conference.
Questions will be answered regarding the RFQ and Bid Proposal at the Bidder's
Conference so that all prospective bidders will hear the same response to any questions
or explanations of this RFQ and Bid Proposal.
Bidders may submit written follow-up questions to the Solid Waste Manager by 4:00
p.m., February XX, 2006. Written responses will be prepared and distributed to all
bidders that attended the Bidders Conference.
Do not contact any City employees, Commissioners, or Elected Officials regarding this
project or the selection process. Questions regarding the RFQ and Bid Proposal shall
be asked at the Bidders Conference or submitted in writing in conformance with the
stated deadlines. Bidders will be asked to certify that they did not contact any City
employees, Commissioners, or Elected Officials regarding this project or the selection
process other than in writing to the Solid Waste Manager. Any bidder found by the
City to have violated this prohibition will be disqualified from bidding, and the
City will not consider its Bid Proposal further.
SELECTION PROCESS
A. The City will rank all proposals received to determine whether
bidders are qualified based upon information provided during this
process.
B. The City will deliver a load to the highest qualified bidders, and
observe processing operation.
C. The City will then initiate negotiations with the qualified firm or firms
proposing the most beneficial relationship, including tipping fees
and off-route collection costs.
D. Table 1 (see attached) will be used as a score sheet for the
evaluation of the qualifications of bidders.
E. All applicants will be notified in writing of the selection.
AWARD OF CONTRACT
An agreement will be negotiated following final selection of a bidder or bidders. If the
City and the selected bidder or bidders are unable to negotiate satisfactorily, acceptable
to both parties, the next ranked bidder will be contacted and so on until an agreement is
reached.
Page 2 of6
2006-439
CITY'S RIGHTS, OPTIONS, AND POLICIES
The City reserves the right to postpone selection and award of contract for its own
convenience, to cancel this RFQ and Bid Proposal at any time, and/or to reject any and
all proposals for any reason in its sole and exclusive discretion.
The City highly encourages participation by local qualified firms in all aspects of service
contracting unless the project requires unusual or highly specialized services.
PROPOSAL CONTENT
To facilitate evaluation of the proposals received, all proposals must conform to the
chronology and content described below:
A. All bidders must indicate their willingness to sign the attached Service
Agreement (Exhibit A). Any deviation in a proposal from the language in the
Service Agreement must be explained in detail. Substantial differences in
language or terms between a proposal and the Service Agreement may result
in rejection of the proposal. The City reserves the right to negotiate minor
modifications of the language contained within the attached agreement upon
selection of the service provider. Exhibit A of the attached agreement
contains the Scope of Services.
B. All proposals must indicate the physical location of their facility or facilities
that will be used for off-loading of City vehicles and for processing material.
Proposals will include the distance in miles from their facility or facilities to the
City Refuse Yard (234 South Mountain View Avenue).
C. Proposals will include an up-to-date list of references and contacts for which
similar work has been performed. The list should include a mailing address,
contact person and daytime phone number.
D. Proposals will identify the designated project managers, their work location
and provide a resume for principal employees assigned to work on the
project.
E. Proposals will address the issue of regulatory compliance related to proposed
facility or facilities. The bidder shall provide documentation of all necessary
permits and clearances related to their proposal. Any violations documented
by enforcement agencies (e.g., the Local Enforcement Agency, Air Quality
Control District, Regional Water Quality Management District, etc.) shall be
disclosed and addressed. Compliance with any request for a change in
operation by an enforcement agency or Notice and Order shall be discussed.
F. The bidder will discuss any future plans for a permit change or application as
related to the acceptance of materials from the City's organics programs. The
proposal will include a schedule for obtaining necessary permits and
clearances related to their proposal. The proposal also should address the
impact of planned improvements on materials processing.
G. Bidders will disclose any indictments or litigation history related to their
company, partner or subsidiary arising out of the performance of a organics
processing contract or violation of laws, regulations or permits. Provide details
of any litigation against the bidder, its parent company or joint venture
company(s) by a government entity; or against a government entity by the
bidder, its parent company or joint venture company(s).
Page3 of 6
2006-439
H. Bidders will prepare bid sheets based on the City's estimated annual
recovery.
I. Bidders are free to propose any combination of pricing methodologies. For
example, propose to establish a price index that is adjustable.
J. Utilizing the proposed methodology, bidders shall calculate the total cost to
the City for the period 1/1/05-12/31/05. Bidders shall provide sufficient
documentation to demonstrate accuracy of calculations regarding
hypothetical cost to the City under the proposed methodology.
K. Bidders will assume receipt of 30,000 tons of green waste in the first contract
year. The bidder should also assume contamination by weight of 25% in
preparing bids,
L. The bidder must include a physical drawing of their facility indicating the
following:
i. Trace the flow of City vehicles through the facility
ii. Scales to be used by City vehicles
iii. Material sorting lines, grinding equipment, screens
iv. ComposVmulch storage and curing
v. Residue load-out
M. The bidder will address the adequacy of their facilities to perform the services
described by Exhibit A of the attached agreement. At a minimum, this section
shall address the following issues.
i. Description of sorting equipment and procedures
ii. Maneuverability of City trucks through the facility including ingress
and egress
iii. Staging of City trucks and estimate of maximum time to off-load
materials
iv. Clearance and width of scales in regard to City trucks
N. The bidder will indicate their willingness to accept and divert yard waste
materials collected by the City's organics program, including:
i. Yard waste (grass, brush, shrubs, leaves, limbs)
ii. Wood (dimensional lumber)
O. Additional material diversion should be identified, including:
i. Food from commercial sources
ii. Residential food
iii. Additional construction materials
EVALUATION OF RFQ AND BID PROPOSAL
This RFQ and Bid Proposal is a two-part process. The table below will be used to
determine whether a bidder is qualified. The lowest score represents the least
responsive and the highest score represents the best score a proposal can earn within
a respective category, A score of less than 75 will result in a determination that the
bidder is unqualified to perform the services required by the City Agreement. Qualified
bidder will then be ranked based on proposed revenue (to be offset by off-route
collection costs) to the City.
Page 4 of6
2006-439
::RITERIA POSSIBLE SCORE
SCORE
N1LLlNGNESS TO SIGN ATTACHED SERVICES AGREEMEW 5
REFERENCES 10
IaUALlFICATIONS AND EXPERIENCE 20
!PERMITS, CLEARANCES AND REGULATORY COMPLLlANCE 15
ITIGATION HISTORY 10
PHYSICAL FACILITIES 40
trOTAL 100
Explanation of Criteria
A. A bidder with the least substantive modifications to the City Agreement will
receive the highest score in this category.
B. A reference check will be conducted for each bidder.
C. Selection Committee Members will evaluate bidders based on their
qualifications and experience performing similar project work.
D. A bidder that demonstrates possession of necessary permits, clearances and
regulatory compliance will receive the highest score. Selection Committee
Members will also give preference to existing, permitted facilities vs. proposed
facilities.
E. The questions below will provide the selection committee with guidance in
their evaluation of proposed facilities:
i. Is the flow of vehicles through the facility efficient?
ii. Does the facility provide for adequate clearances and turning
radius to reduce the possibility of damage to either property
or City vehicles?
iii. Does the facility provide for maneuverability and good line of
sight?
iv. Can City vehicles enter and exit quickly.
v. Is the facility sized and designed for expansion and
processing of additional organics materials?
vi. Is the facility design flexible enough to accommodate various
vehicle configurations and designs?
vii. Is the facility designed to maximize diversion through the
processing of additional organic material types?
viii. Does the facility design and processing capabilities
maximize diversion?
Ranking of Qualified Bidders
Qualified bidders will be ranked based on a comparison of the proposed rate structure,
augmented by the City's calculation of collection cost. The proposal representing the
City's most cost-effective diversion will receive the highest rank. Cost and revenue will
be calculated based on the following:
A. Total cost calculation, Total cost will be calculated for each
proposal. Cost will be calculated based on utilizing the proposed
rate structure and methodology for the period 1/1/05-12/31/05.
B. Collection cost. Collection cost represents the cost associated
with the off-route travel time for the seven-year term of the contract.
Page 5 of6
2006-439
C. Collection central. For the purpose of this RFQ and Bid Proposal,
collection central of the City will be 234 South Mountain View
Avenue.
D. Frequency. Frequency represents the number of recycling trucks
to each facility based on the distance traveled. During the period
1/01/05 - 12/31/05, the City delivered 2,987 residential and
commercial loads for processing.
DISQUALIFICATION OF PROPOSALS
A bidder failing to meet the following conditions will be disqualified from consideration:
A. Proposals must conform to the required deadline. Bidder must submit five (5)
copies of their proposal.
B. Proposals shall be submitted on recycled paper, with at least 30% post-
consumer content.
C. The Contractor must accept all materials for off-loading City vehicles at the
same location(s). Under no circumstances will the City agree to tip part of a
truckload at one facility and then part of the same load at a second facility.
D. Proposals will be disqualified if the proposed methodology for calculating
costs lacks specificity for comparative purposes.
E. Proposal will be disqualified if the proposal does not indicate acceptance and
diversion of materials currently included in the City's residential yard waste
collection program.
F. At the discretion of selection committee members, a proposal may be
disqualified if it is considered fatally flawed in any section. That is, a proposal
may score highly in all categories except one section, but if that section is
essentially unresponsive to the City's needs, the proposal may be
disqualified.
Page 6 of6
2006-439
EXHIBIT "B"
RESPONSE AND SCOPE OF SERVICES
Page 17 002
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2006-439
Republic Seroices of Southern California's Response To City of San Bernardino
Reauest For ProPosals to Provide Orrlanic Materials Diversion
Table Of Contents
Section A, 6, C ................................................................................Page 1
Section D......................................... ........... .................................... Page 3
Section E ........................................................................................Page 7
Section F, G, H ................................................................................Page 8
Section I, J, K, L..............................................................................Page 9
Section M......................... ................................................... ........... Page10
Section N, 0 .................................................................................Page 11
Exhibits
1. Map to Inland Regional Material Recovery Facility
2. Drawing of Inland Regional Material Recovery Facility
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2006-439
Rept/blic S ewices 0/ Sot/them California's Response To Ci(y 0/ San Bernardino
R!qt/est For Proposals to Provide 01J!.anic Materials Diversion
PROPOSAL CONTENT
!h Proposer
Republic Services of Southern California, LLC agrees and is willing and able to
sign Exhibit A, Professional Services Agreement for Processing Organic Materials
as proposed by the City of San Bernardino in its Request for Proposals to provide
Organic ~faterials Diversion.
B. Processing Facilitr Location
In May, 2002 Republic Services of Southern California, LLC opened our new
Inland Regional Material Recovery Facility (IRMRF) located at 2059 Steel
Road in the City of Colton.
. Steel Road f'adli(y 0.88 mil", from the Ci(y~ Refuse Yard. 234 South Mountain Vi,w Avenue!
29.650 squarereet is ~'rmitt,d to ~ro,?Ss 1.950 tons ~er day or munidPal solid wast, materiaL (See
''!v[qp'' Exhibit I.!
City green waste loads would be delivered by the City's collection route drivers to
the Inland Material Regional Facility & Processing Center. The route vehicles
would weigh in on our facility scales and receive a load receipt. The trucks would
then dump inside our facility and exit through the main gate. The time in the
facility should be less than ten minutes. We are prepared and flexible to
accommodate the hours of operation for the City's vehicles as outlined in the
City's RFQ. The facility would be open to accept tnaterials from 'Monday to
Saturday, 6:30 a.m. to 5 p.m. as required.
.c. References & Contacts
Republic Services of Southern California, LLC has been a leader in solid waste
processing and marketing in Southern California for over 20 years. Our CVT
Regional Processing and Transfer Facility in Anaheim, California is one of the
largest solid waste processing facilities in '\lorth America. The CVT facility,
located in Anaheim, has an approved daily processing capacity of 6,000 tons and
a design capacity of 8,000 tons per day. Republic Services of Southern
Page 1 or II
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2006-439
&public Services of Southern CalifOrnia's Ruponse To City of San Bernardino
Request For Proposals to Provide Of'J!.anic Materials Diversion
California's, IRMRF, located in Colton, IS currently processing curbside
commingled recyclables from the cities of Colton, Highland, Grand Terrace,
Lorna Linda, RedIands, Riverside County, San Bernardino County, San Jacinto,
Hemet, Calimesa, Cabazon, Temecula, Lake Elsinore, Canyon Lake, and Big Bear
Lake. Republic Services of Southern California's, Inland Regional Material
Recovery Facility currently provides green waste processing with these
jutisdictions as well.
The following cities that are under contract with Republic Services of Southern
California for processing.
Address
Jurisdiction Point of Contact Phone
~fr. Louie Vecchione 400 E. Vermont St. 92805
City of Anaheim Streets & Sanitation (714) 765-6860
ManaSter.
Mr. Bill Higgin' 545 K Berry
City of Brea Director of ~faintenance 92821
Svcs. (714) 990.7698
Cuy of ChIno Hill, ~!r. Ray Hansen 2001 Grand Ave.
91709
Senior .\dminisrracive (909) 364-2616
_\nalyst
ONO 650 N. La Cadena Dr.
City of Colton ......1r. Daryl Parrish 92324
City Manager (909) 370-5071
i\.Jr. C.hris Meyer 303 W. Commonwealth
City of Fullerton 92832
City Manager (714) 7386317
City of Mr. .\J Holman 11222 Acacia Parkway,
Garden Grove Environmental 92840
Services/Street Mana2er (7141741-5956
~fr. Robert Dominquez 401 E. Chapman Ave.
, City of Placencia 92870
, City Administrator (714) 993 8117
-. 17855 Santiago Blvd. 92861
CIty of Villa Park ?\[r. Ken Domer (714) 998-1500
City ~[anager
CIty of .\1r. David Grochow 4845 Casa Loma Ave.
Y orba Linda City Manager 92686
(714) 9617110 ,
35 Cajon Street ,
.\fr. Gary Van Dorst
City of Redlands Solid \"<laste ~Ianager 92373 I
(909) 798-7529
Page 2 of 11
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2006-439
Republic Services of Southern California's fusponse To City of San Bernardino
fuquest For Proposals to Provide Drxanic Materials Diversion
!l. Proieet Organization & Staffing
Republic Services of Southern California, a Limited Liability Company, and
wholly owned subsidiary of Republic Services, Inc., provides municipal solid
waste collection, disposal and recycling services to over 500,000 residents and
businesses weekly.
Operating since 1949, as the commercial hauler for the City of Anaheim. The
company has been recovering and marketing recyclables for over 55 years.
CVT, the processing division, was established in 1984 at the time of the opening
of the Anaheim Material Recovery Facility. For the past 20 years, CVT has been
processing and marketing materials worldwide, serving over 60 local
municipalities.
The officer within California is: Thomas J. V oge, President.
Republic Services of Southern California, UL
San Bernardino COlln{y Offi..
2059 E. Steel Road
Colton, CA 92324
(909) 370-3300
Orange COlln{y Offite
1131 N. Blue Gum Street
Anaheim, CA 92806
(714) 238-3300
Page 3 of 11
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2006-439
Republic 5 ernces of 5 outhem CaltJornia's Response To City of San Bernardino
Request For Proposals to Provide 011!.anic Materials Diversion
In 2004, Republic Services of Southern California was fanned from the parent
company, Republic Services, Inc. which is located in Fort Lauderdale, FIorida.
Republic Services currendy ranks as the third largest solid waste and recycling
company in North America.
Republic Services, Ine.
110 S.E. 6'" Street
Suitc 2800
Fort Lauderdale, FL 33301
The Inland Regional Material Recovery Facility located in Colton became
operational in May, 2002. The 29,650 square foot processing area is currently
processing the green waste from four municipalities in the Inland Empire and
with a tonnage capacity of over 1,950 tons per day the IR..'\!RF is more than
capable of processing the green waste from the City of San Bernardino.
Republic Services of Southern California, LLC has assembled a management and
operations team that is unsurpassed in the solid waste industry. The combination
of traditional refuse collection experience, tecycling expertise, innovative
management systems, and the integration of new technological advanccs placcs
Republic Services of Southern California, LLC in the best position to continue to
serve the processing needs for the City of San Bernardino. Our team remains
100% committed to the overall success of the waste reduction programs of the
City of San Bernardino. To underscore our commitment to serve the City of San
Bernardino, the following project managers and principal employees will be
overseeing the processing needs for the City.
Pro;ect ManaKer
Peter Sternberg, General Manager
2 yearJ with Republic S eTVim of Southern California, UL,
Based in San Bernardino County
Peter ovetsees the operation of the Inland Regional
Material Recovery and Transfer Station and collection
operations for the Inland Empire. He has been in the
solid waste industry for 23 years with experience in
operations and contract admmistration for both the
private and public sector.
Page4of"
2006-439
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Republic Services if Southern CalifOrnia's Response To City if San Bernardino
Request For Proposals to Provide OTJlanic Materials Diversion
ManaJ(ement Team
Thomas J. Vogt, President
21 years with Repllblic Services of SOllthern California.
UL. BaJed in Orange County
Tom is a graduate of California State University,
Fullerton. As President of the company, he
oversees the operations of Republic Services of
Southern California, Ue. Tom is able to give
direction to the management team responsible for
nine municipal franchised cities in Orange and
San Bernardino Counties encompassing over
500,000 residential customers. Tom has a strong
background in vehicle maintenance and site engineering. Tom directed the design
and construction of the CVT processing and tsansfer facility, one of the most
successful facilities in the nation.
.
Barry Love, Director of Sales & Brokerage
23 years with Republic Servim of Southern California,
liC, Based in Omnge COllnty
Barry's education in the recycling market has
provided him with extensive knowledge of both
export and domestic markets. This is important
considering the 40,000 tons of materia1s that get
shipped each month. Barry oversees a
staff that ensures the highest return for the
products we sell and assists all our customers 10 finding new markets for
their materials. He has extensive recyclable materials marketing experience and has
.
Page 5 of II
2006-439
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Republic Stroices oj Southern California's Response To City oj San Bernardino
Reqllest For Proposals to Provide OTJ!.anic Materials Diversion
been responsible for the start up operations of numerous major recycling projects
throughout California.
Michelle Zola, Controller
fO years with Republic Services of Southern CalifOrnia, u..c; Based in Orange County
Michelle has 19 years experience in business
finance and fmancial audit review. She
graduated with a Bachelor of Arts degree
with an accounting emphasis from
California State University, Fullerton. As a
Certified Public Accountant, Michelle is able
.
to work well with city fmances, manages and oversees all audits for our franchise
cities of Republic Services of Southern California, LLC. Michelle is responsible
for all financial accounting and reporting for Republic Services of Southern
California, LLC.
Marty Mitchell, Off Road & Facilities Manager
24yearf with Republic Servim of Southern California, Based in Orange County
.
With over 30 years of maintenance experience
Marty have established a standard of
excellence in preventative maintenance, both
for on-road vehicles and off-road facilities,
which have resulted in nationwide recognition.
The California Highway inspects all operating
fleets on a B I-annual basis. Republic Services
of Southern California has passed inspection
for the past twelve years or six inspections. As a result of our through
Page 6 of II
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2006-439
-1
&public Seroices of Southern CalifOrnia's Response To City of San Bernardino
Request For Proposals to Provide 01J!.anic Materials Diversion
maintenance, the ClIP awarded two teview only inspections. All preventative
maintenance is scheduled tv,,~ce as often as required by the California Highway Patrol
and federal Depamnent of Transportation srandards. The cleanliness and appearance
of the on-road vehicles is a high priority to all employees at Republic Se!\~ces of
Southern California. Using state-of-the-art processing and collection techniques at
our Material Recovery Facilities, we are able to rlivert thousands of tons a day from
entering our landfills. Under Marty's rlirection, the departmem maintains all the
equipment to make this process possible. The Off-road and Facilities Department is
an example of the highest standards of quality and appearance in our industry.
E. Permits-- The following permits are on file with Republic Semces of Southern
California. LLC' Department of Environmental and Regulatory Affairs.
California Solid Waste Facility Permit
City of Colton Business License
City of Colron Business License
Certificate of Occupancy
Business Occupancy Permit
City of Colton Design Review / CCP
OSHA Pressure Vessel (Air)
OSHA Pressure Vessel (Air)
State of CA - OFA - OMS
County of San Bernardino - DWM
County of San Bernardino - DPH
Health & Safety Annual Permit
Roll-Off Refuse Bins" "
Health & Safety AppL Rev_ Fee
1\:POES Stormwater WOIO No.
State of CA EPA Identification
City of Colton BuiJrling Department
City of Colton rire Departmem
#36-AA-04l2
#41355
#44435
#114996
#BOP-114-996
#DCV-33-99
#24044-96/NB 394835
#24045-96/NB 365554
#278
#5254
#9609365578
#9609365579
#9703127218
#8305017024
#CAL 00025421
#BOO-020-517
#0352
No violations or areas of concerned have been issued to the Inland Regional
Material Recovery Facility (IRMRf).
P02' 7 of II
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2006-439
RJJpubJic Services of Southern California's RJJsponse To City of San Bernardino
RJJquest For ProPosals to Provide OT]!anic Materials Diversion
.E. Future Plans for a Permit Change
There are no furure plans for a permit change or application as related to the
acceptance of matetials from the City's recycling program.
.G" Indictments/Litigation Histol;)'"
Since Republic Services, Inc.'s (the "Parent") initial public offering in July of 1998
and rhe formation of Republic Services of Southern California, LLC (the
"Bidder'') on November 30, 2004, neither the Parenr nor the Bidder has been
indicted or been a parry ro litigation arising out of the performance of a organics
processing contract or violarion of laws, regulations or permits.
H. Bid Sheets
The City would be charged based on the following:
1. A per ton rate of $31.65 for all green waste delivered. This rate is based on
the contamination rate for the green waste material which the City is
eurrently delivering to the Inland Regional Processing Facility. This price
would adjust should the current contamination rate decrease or increase.
2. The processing cost for all material brought to the facility would be subject to
an annual CPI-U local adjustment.
3. All residue material takcn to the San Bernardino County landfill system as part
of the Waste Disposal Agreement would be subject to landfill pass-through
adjustments.
Pago 8 of II
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2006-439
RBpublic S eroices of Southern CalifOrnia:r &sponse To City of San Bernardino
&quest For Proposals to Provide OTJ!.anic Materials Diversion
I. & ]. Pricing Methodolol/Y
Each load delivered to the Inland Regional Ptocessing Facility by the City of San
Bernardino will be charged based on the established characterization for these loads.
The City will be charged on a per ton basis as outlined under Section K. The
incoming tonnage will be processed and the non-recovety residual will be disposed
of at a cost of $46.01 per ton. The City will receive a monthly accounting of all
loads, tonnages and charges for material delivered to the facility.
K. Bid Rate
Contamination Per ton Tons delivered Total Yearly
Rate rate Costs
00/0- 5~/o $27.38 30,000 $821,266.33
60/0_100/0 $31.65 30,000 $949,500.00
11%-15% $34.72 30,000 $1,041,467.62
L. Drawing of Inland Regional Material Recovel;y Facility
1. Attached is a drawing of the Inland Regional Material Recovety I'acility
showing scales, ingress and egress. ("Drawiog" Exhibit 2.) San Bernardino's
City green waste vehicles will be provided with priority status to avoid
queuiog behiod self-haul trucks. Each City green waste truck will be able to
be weighed, unloaded and back on the road witbio a 10 minute rime period.
Cnder normal circumstances NO City vehicle will be delayed beyond a 15
minute rime period as outlined io the City's RrQ. Republic Services of
Southern California, LLC is equipped to provide for alternative off-loading
methods io the event of reasonable down-rime due to repair and maintenance
of equipment.
ii. The scale currently io use is an American Scale Company and is overseen by
the California Department of Weights and Measures. A II of our scalehouse
personnel are registered with the State as Certified Weightmasters.
Pare 9 of 11
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2006-439
Repllblic Services of 5 ollthern California 'J ReJponse To City of 5 an Bernardino
Reqllest For Proposals to Provide 01Y.anic Materials Diversion
111. The area east of the entrance rums into a grinding area during the evening.
IV. The storage for the compost is located on the north side of the facility.
v. All residue is loaded onto trailers located on the south side of the facility.
M. F acilily
I. After capruring the vehicle weight, the driver receives his receipt and can
proceed directly to the tipping floor area. The short distance between the
scales and the tipping floor is void of any obstructions providing drivers
excellent line.of-sight, ruming radius, and maneuverability. Once a vehicle
has finished dumping its load, it simply drives straight out the same way it
came in. The entrance/ exit gate is 40 feet wide providing more than enough
room for simultaneous vehicle ingress and egress.
11. As you can see from the map, our IRMRF is located on the north side of Steel
Road in the City of Colton. Due to the fact we are located near the end of a
cul-de-sac, vehicle traffic is very minimal around our facility. The very light
vehicle traffic allows excellent ingress and egress to/ from the street. We are
prepared and flexible to accommodate the hours of operation for the City"
vehicles.
111. Our scale is located just inside the entrance for quick and easy truck access.
We estimate the time for a truck to be processed through the facility and back
on the street to be within 10 minutes. We guarantee no truck will take over
15 minutes. 'lbe current facility has been designed in such a way that any
expansion to the facility would be feasible.
111. The 10 foot wide, above-ground scale provides more than adequate
clearance for all types of collection vehicles.
Pag,IOofll
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2006-439
Republic Services if S outhem California's Response To City if S an Bernardino
Request For ProPosals to Provide OTJ{anic Materials Diversion
N. Willi~ess
Republic Services of Southern California, LLC agrees and is willing and able to
accept and divert yard waste materials collected by the City's organics program
including:
i. Yard waste (grass, brush, shrubs, leaves,limbs).
ii. Wood (dimensional lumber)
O. Additional Material
i. At this time, we will not be able to process this material.
11. At this time, we will not be able to process this material.
111. 'Vie will process and divert material from selected construction loads at a rate
of $46.01/ton. The City would receive landfill diversion credit for actual
material recovered,
PROPOSER'S SUMMARY
Overall, Republic Services of Southern California, is prepared and able to se!\~ce the
City of San Bernardino's green waste program as outlined in Organic Materials
Diversion Proposal. Our long-standing experience and knowledge of the solid waste
industry and our highly experienced executive personnel create a synergy that is
committed to providing exceptional service and outstanding customer satisfactioo.
The Republic Se!\~ees of Southern California faciliry is fully pennitted and available
to handle the City of San Bernardino's Organic Materials. We take our relationships
with our service cities very seriously. ~'e strive to maintain positive lines of
communications from our city liaisons to the drivers who frequent our facility. Our
equipment and facility are permitted and in compliance with all applicable local, state
and federal laws. We feel very positive that Republic Services of Southern California
could provide the City of San Bernardino with qualified and exceptional green waste
serVice.
Page 11 of 11
2006-439
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909.370.3377
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234 S Mountain View Ave
San Bernardino, CA 92408-1315,
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- 6: End at 234 5 Mountain View Ave
San Bernardino, CA 92408-1315, US
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2006-439
EXHIBIT "C"
FEE SCHEDULE
Contamination Per Ton Projected Total Yearly
Rate Rate Tons Delivered Cost
0% - 5% $27.60 30,000 $821,266.33
6% -10% $31.87 30,000 $949,500.00
11%-15% $34.94 30,000 $1,041.467.62
Page 18 of22
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I OA.TI!: IMMIDDlYYYYI
01/02/07
PRODUCER LIC tl64877 1-864.-233-9626 THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION
The Puckete Group, Ineorpora~ed ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 347S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Gr-..nville. se 2'602 I NAIC#
INSURERS AFFORDING COVERAGE
INSURED I,.,gURERA: Ace beriean :Ins Co
*3876 Republic Service. . IDc./Taormina Industri.., LLC -- ..--- ---- - -
INSURER S' -,~-- ------
1131 N. Blue Gum Street ~!lSUReR c: 1
Anah.im, CA 92806 INSURER D i
INSURER E: 1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~;a~ ~~~; -_. POLley NUMBl!ft POU<:VI!....I!CTIV! I POLICY EXPIRATION LlMrTS
A GENERAL LIABIUl'Y HDO G2173745B , 11/01/061 11/01/07 iHOCCURRENC~ $5,000,000
~M'RClALGEN'RALLIASlUTY $ 3.000,000
, ...-_: CLAIMS MADE 0 OCCUR MED EXP (Any llI'lll pefSOI1) $10,000
f-- PERSONAl & I'oIN INJURY $ 5.000, 000
I-----> GENERAL AGGREGATE $ 5.000, 000
n'LAOO~En ,LIMIT "mSPER: I PRODUCTS-COMP~PAGG $5,000,000
POlICY i ':'~.9:: : x LOC
A ~=-- ISA H082241SB I 11/01/06 11/01/07
COMBINED SINGLE LIMIT $5.000,000
I , (Eaaccident)
ALL OWNED AUTOS BOOR.YINJURY
L._ SCHEDULED AUTOS (Pllfpl!lf80fI) .
-------
HIRED AUTOS BODILY INJURY
.
: NON-OWNEDAUTOS (P.r~id8f1l)
-I -
---' PROPERTY DAMAGE .
, (PerllOOdBnt)
_~GELIA8IUTY AUTO ONlY - EA ACCIDENT .
.__, ANY AUTO OTHER THAN EAACe .
AUTO ONLY- AGG .
~ESSNM8REUA L.IABILm' EACH OCCURRENCE .
-.--! OCCUR C CLAIMS MADE AGGREGATE .
- .
, .
, -.-...: OEOUCTlBLE .
,
~ RETENTION . .
A WORKI!ItS COMPI!:NIATlON AND WLIl CU451657 11/01/06 11/01/07 X I WCSTATU-: I IO~
EMPLOY~' UABILITY $3,000,000
ANY PROPRIETORlPARTNEMXECUTlVEX IN(: E.L. EACH ACCIDENT
OF,"ICER/MEUBER EXCLUDED? ,xc ~-,-L-_~~E!'~€_. ~et.l~LO'l'~_~ $3,000,000
~~rc~~rs~bQlOW E.l. DISEASE. POLICY LIMIT 53,000,000
OTHER I I
DESCRPTION Of OPERATIONS I LOCATIONS I vt!:HICLlS f I!XCLUSION8 ADDED IV ENDORSEMENT / SPEctAL PROVISIONS
Additional Named tn.ured Includes; Republic Service., Inc., ..0. Disposal. LLC. Taormina Industrie., LLC. dQa Anaheim
Di.po..l. Bre. Dispos.l. Oerden Orove Dispoeal. 'l.centia Disposal, Ville Park Di.poaal. Yorba Linda Dispo.al, Anaheim
Truck Depot, Diapo.al Servic.., CVT, Chino Bills Dispos.l, Colton Dispoaal and Republic s.rvic.s of Southern
California. LLC db. Colton Dispoaal. Th. City of San Bernardino and ita elected and appointed boards, otticera, agant.
and employe.. are additional inaureds with respect to this subject project and contract with City_
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF Tit! ABOVE OESCRI8e:O POLICIES Be CANCELLeD 8&:FORE THE EXPIRATION
City of San Bernardino OAT! THe:REOF, 114&: tSSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WArTTEN
NOTICE TO THE CERTFICATe HOlDER NAMI!D TO TIlE LEFT, BUT FAILURE TO DO SO SHALL
'.n Fiacher -
300 N "D" Str.et IMPOSE NO OIUGATION OR LIABILITY OF ANY K"O UPON THe: INIURl!R. ITS AGeNTS OR
Rt:PRESENTAnvES.
San Bernard:l.no, CA 92418 AUTHORIZED R!PRUENTATlVE ~
USA
ACORD 25 (2001108) ahjonn
5468542
iIil ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, l11e policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certmcate
holder in lieu of suCh endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
L
POLICY NUMBER: lIDO 021737<58
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Addilionallnsured Person(sl Or Oroanlzatlonls)
Ci ty of San Bernardino
300 If -D- Street
san Bernardino, CA 92418
USA
Information reauired to comnlete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or.
ganization(s) shown in the Schedule, but only with
respect to Iiabiiity for "bodiiy injury", "property dam-
age" or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or the acts
or omissions of those acting on your behalf:
A. In the perfonmanca of your ongoing operations: or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
11:) ISO Properties, Inc., 2004
Page 1 of 1
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