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HomeMy WebLinkAbout07.B- Public Works 7.B RESOLUTION (ID # 3887) DOC ID: 3887 F CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Chris Alanis M/CC Meeting Date: 06/15/2015 Prepared by: Chris Alanis, (909) 384- 7213 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Seven to the Franchise Agreement with Jack's Disposal, Inc. to Include Street Sweeping Services, a Term Extension to Allow Month to Month Service, and Issuance of a Purchase Order. (#3887) Current Business Registration Certificate: Yes Financial Impact: Funds will be expended from the Enterprise Fund in FY 2015/16. The total purchase order amount will not exceed the amount of$368,500.00, from Professional Contractual Services; account number 527-400-0097-5502. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None Background: The Public Works Department, Integrated Waste Management Division (IWM), is responsible for the management of all solid waste and recycling collection programs within the City of San Bernardino. In addition to traditional waste collection services, the IWM provides Right-of-Way, Street Sweeping, and Environmental Compliance services to the City. Currently, the street sweeping is being performed intermittently due to lack of personnel and a repair prone fleet. There are five street sweeping employee positions; two are vacant and one is on medical leave. The Street Sweeping fleet is in dire need of replacement. In order for the IWM to adequately service the City's street sweeping needs, a capital outlay of approximately $1,400,000.00 would be necessary for the purchase of new vehicles and supplies. Additionally, we would need to staff the vacant positions. The IWM does not have the necessary funding to purchase new vehicles or maintain the existing street sweeping fleet. In 2008, R3 Consulting Group, Inc. Prepared an "IWM Business Plan" advising the City of several revisions in order to keep the services in-house; none of the items suggested have ever been implemented. The recommendations included the following: Updated: 6/11/2015 by Georgeann "Gigi" Hanna F I Packet Pg.683 7.B 3887 -Incorporate a capital replacement of street sweeping vehicles into the 2008/2009 budget. -Increase the residential refuse rate to include current street sweeping services. -Increase the residential refuse rate to include capital replacement and maintenance of the street sweeping vehicles. As an alternative to maintain the service in-house, Management Partners has recommended that the City contract out street sweeping altogether. Staff concurs with Management Partners' recommendation for contracting out street sweeping as it is a cost savings and potentially a revenue enhancement. Cost Savings: The IWM currently is budgeted for approximately $615,000 to perform in-house street sweeping services once per month. The local average cost of contracting out street sweeping is approximately $32/per curb mile for service once per month. Based on information provided from neighboring cities, the associated costs of contracting out street sweeping are approximately $375,000. As such, the City should expect to see a cost savings of $240,000. Bid Analysis: In response to Management Partners' recommendation, the IWM obtained quotes from three service providers. The results of the responses are as follows: Respondent Mobilization/Demobilization Once Per Month Rate Athens Services $3,500.00* $31,500.00 Burrtec Waste Industries $0.00 $30,708.30 Inc Clean Streets Inc. $63,608.00** $54,835.00 * The Cost per Mob/Demob is per month with Athens Services. **In discussion with Clean Street, the amount presented includes both the mobilization and first month of service. There are no future mob charges after the initial charge as it is a one-time event. Based on the results listed above, Burrtec Waste Industries Inc. Is the apparent low bidder. Cost Com arison to Nei hborin Cities: City Service Provider Budget (Monthly) Size (sq. Mi) Rialto Burrtec $13,392 22 Colton City of Colton $9,400 16 Highland Burrtec $2975 19 Redlands Pacific Sweeping $23,000 36 Q The City of San Bernardino will be paying approximately $512 per sq. mile for one time per month service. The local average cost by neighboring cities is approximately $524 Updated: 6/11/2015 by Georgeann "Gigi" Hanna F I Packet Pg. 684 Public Works Department Integrated Waste Management Division li Nit Request for Quotation On-Call STREET SWEEPING (Alternative Fuel Only) June 10, 2015 City of San Bernardino - Request for Quotation Street Sweeping TABLE OF CONTENTS Introduction ..................................................................................................................... 1 Attachment A: Instructions and Conditions......................................................................3 Attachment B: Description of Project.......................................... ..................................... Attachment C: Detailed Maps........................................................................................ 13 Attachment D: AQMD Rule 1186.1 ................................................................................ 14 Attachment E: Total Annual Cost Form.........................................................................22 Attachment F: Draft Agreement.....................................................................................23 i City of San Bernardino - Request for Quotation Street Sweeping INTRODUCTION The City of San Bernardino is issuing this request for quotation (RFQ) for the on-call sweeping of approximately 1400 curb miles of City streets on a single or twice monthly basis. Please note this is a closed bid scenario. Only those entities which have been listed below shall be invited to bid on the enclosed services. Copies of this request for Quotation are being sent via email to the following companies only: Clean Street c/o Rick Anderson randersonPclean street.com Cell: (310) 740-1601 Office (800) 225-7316x108 Athens Services c/o Gary Clifford gclifford@athensservices.com Cell: (626) 705-6919 Office: (626) 934-4619 Burrtec Waste Services c/o Mike Arreguin mikea@burrtec.com Cell: (909) 641-6535 Office: (909) 429-4200 Please be advised that the City is soliciting for services using alternative-fuel sweepers ONLY. Pursuant to AQMD Rule 1186.1 an alternative-fuel sweeper means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid- electric and dual fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of Rule 1186.1. I. SCHEDULE OF EVENTS RFQ Release Wednesday, June 10th 2015 Quotation Due Thursday, June 11th, 2015, 8:00 AM Award of Contract Monday, June 15, 2015 Contractor In-Place Tuesday, June 16th 2015 II. INSTRUCTIONS AND CONDITIONS See Attachment A 1 City of San Bernardino - Request for Quotation Street Sweeping III. DESCRIPTION OF PROJECT See Attachment B IV. CITY POINT OF CONTACT The sole source of contact regarding this RFQ is Christopher H. Alanis, Integrated Waste Division Manager, (909) 384-7213. Individuals or firms interested in submitting a Quotation are asked not to contact other members of the City of San Bernardino staff in connection with the RFQ prior to the announcement of the selected contractor. All written inquires related to this RFQ are to be delivered in-person in a sealed envelope to the City Corporation Yard, 234 S. Mountain View Ave, San Bernardino CA 90408 V. CITY OF SAN BERNARDINO BUSINESS LICENSE The contractor shall obtain and maintain in effect a valid City of San Bernardino Business License prior to commencement of work and during the entire time that work is being performed under the contract. Questions regarding business licenses should be addressed to the City Clerk at (909) 384-7272. VI. PROFESSIONAL LICENSES, PERMITS, ETC. Contractor represents and warrants to the City that he/she has, and will keep in effect at all times during the term of a contract with the City, all licenses, permits, professional qualifications, and approvals of whatever nature that are legally required to practice his/her trade. Compliance with any and all AQMD regulations is necessary as well. Confirmation of compliance with AQMD regulations must be contained in the Quotation. VII. DELIVERABLES The Contractor is responsible for the following deliverables in keeping with the schedule described in subsection below: a. Quotation in the format and content explained in Section II (Attachment A). b. Completed Total Annual Cost Form (Attachment E). 2 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT A: INSTRUCTIONS AND CONDITIONS I. GENERAL CONDITIONS A. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by Contractor in: 1 . Preparing a Quotation in response to this RFQ. 2. Submitting that Quotation to the City of San Bernardino. 3. Negotiating with the City of San Bernardino any matter related to this RFQ, Quotation, and/or contractual agreement. 4. Any other expenses incurred by the Contractor prior to the issuance of the Notice of Commencement. The City of San Bernardino shall not, in any event, be liable for any pre-contractual expenses incurred by any Contractor. In addition, no Quotation shall include any such expenses as part of the price proposed to perform the street sweeping services as described in this RFQ. B. Authority to Withdraw RFQ and/or Not Award Contract The City of San Bernardino reserves the right to withdraw this RFQ at any time without prior notice. Further, the City makes no representations that any contract will be awarded to any Contractor responding to the RFQ. The City expressly reserves the right to postpone the opening of Quotations for its own convenience and to reject any and all Quotations in response to this RFQ without indicating any reasons for such rejection(s). The City also reserves the right to negotiate with the successful bidder concerning various alternatives. C. Pricing Approach The primary purpose of the Unit Price Form (Attachment F) Quotation is to provide for additional contracted work during the course of the contract or establish clear payment deductions for contract duty not rendered. It is possible that the City may increase the number of improved streets either through construction or annexation. D. Right to Reject Quotations The City of San Bernardino reserves the right to reject any or all Quotations submitted. Any award made for this engagement will be made to the Contractor, which, in the opinion of the City, is best qualified to execute the services provided 3 City of San Bernardino - Request for Quotation Street Sweeping for in the contract. The City also reserves the right to select and substitute unit prices for total costs. E. Compliance with Applicable Laws The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances, and regulations governing Affirmative Action programs. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public in connection with the performance of the work required by this contract. Nothing in this contract shall be construed to relieve the Contractor from compliance with all applicable laws whether municipal, county, state or federal. F. Suspension and/or Cancellation of Contract In the event the Contractor fails or refuses to timely perform in accordance with the agreement or if Contractor violates any provisions of the agreement, the Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default from City, City may terminate the agreement forthwith by giving written notice. City may, in addition to the other remedies provided in the Agreement or authorized by law, terminate the Agreement by giving written notice of termination. In addition, the City reserves the right to terminate the agreement without cause upon thirty (30) days written notice. Upon termination, City will pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the agreement in the event of nonpayment by the City. G. Examination of Site and Work City makes no representation about the order or condition of the work areas nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the contract. Proposing firms must examine the location, physical conditions and surroundings to determine how these factors will influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. 4 City of San Bernardino - Request for Quotation Street Sweeping H. Assignment of Contract The Contractor shall not assign this contract without the written consent of the City. I. Workmanship and Supervision 1 . The Contractor shall provide sweeper operators and equipment sufficient to complete the work as specified herein. All workers are to be legally documented. The City may request these records. 2. Work shall be performed by competent and experienced operators. All employees must have the appropriate class of driver's license for the type of equipment they are operating. 3. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor. 4. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Operations Support Superintendent. All personnel shall wear identification badges or patches. 5. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor. J. Equipment All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The General Services Director, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the service area(s). Vehicles and equipment must meet all current federal, State, and AQMD regulations. Contractor vehicles used within this contract shall, at all times, bear identification signs that the contractor is performing services for the City. The Operations Support Superintendent shall approve these signs prior to installation by the contractor. AQMD Rule 1186. 1 requires that any governmental agency that contracts for sweeping services to seek bids from companies using alternative-fuel sweepers. K. Safety Requirement 1 . All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, 5 City of San Bernardino - Request for Quotation Street Sweeping comply with all safety standards required by CAL-OSHA. The Operations Support Superintendent reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. 2. The Contractor shall maintain all service areas free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the Operations Support Superintendent. L. Claims by Contractor's Employees 1 . The Contractor shall hold harmless the City and all of its agents, employees, and officers from any and all damages or claims, of any kind or nature that may be made or may arise directly or indirectly for the performance of duties by the Contractor. 2. Contractor shall not permit access into any City of San Bernardino or other private structures by any unauthorized persons. M. Liability for Damages 1 . The contractor shall be fully responsible for any and all damage done to City property, equipment, or other property of the public premises that result from the Contractor's operations under this contract. 2. The Contractor may insure the equipment, materials, and work to cover Contractor's interest in the same. The City will not, under any circumstances, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed in fully completing the contract. 3. Contractor shall indemnify and hold harmless the City, its City Council, boards, commissions, officers, agents, servants and employees from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies in connection with the services, work or activities conducted or performed by Contractor pursuant to a mutual contract. N. Advertising No advertising of any kind or description, bill posters, printed, painted, or by the use of any other method application legible to human sight, shall appear on any equipment, buildings, structures, fences, canopies, posts, or signs except valid 6 City of San Bernardino - Request for Quotation Street Sweeping and authorized legal notices required to be placed thereon and except as may he specifically authorized in these general conditions. II. QUOTATION FORMAT AND CONTENT Quotations should be typed and as brief as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of Quotation sections should be adhered to by each Contractor: A. Cover Letter A cover letter not to exceed one (1) page in length should summarize key elements of the Quotation. The letter must be signed by an individual authorized to bind the Contractor. The letter must stipulate that the proposed pricing will be valid for a period of a minimum of one (1) year, and shall also indicate the address and telephone number of the Contractor's office located nearest to San Bernardino, California, and the office from which the contract will be managed. B. Related Experience Describe recent, directly related public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; value of the contract; name of the Contract Director and/or Manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address, and telephone number. The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. C. Cost Data Indicate the total monthly cost using the Total Monthly Cost Form (Attachment E) for which you will conduct the contract based upon the information provided. City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT B: DESCRIPTION OF PROJECT I. SCOPE OF WORK Furnish all labor, equipment, materials, and supervision to perform maintenance as described herein including, but not limited to, the following: Using a hydraulically driven or modern regenerative air street sweeper, thoroughly sweep each improved street in the City on a weekly or twice monthly basis on an on-call basis (per event billing). II. DEFINITIONS a. Curb Mile — measurement of curbing of streets and medians b. Linear Mile — measurement of actual miles driven in order to satisfactorily clean streets to the City standard, which may require multiple passes depending on condition and width of street c. Curb-to-Curb — area within the curb limits of the street including medians, intersections, and street ends d. Holiday — all days observed by the City as holidays including: New Year's Day, Martin Luther King Jr Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (including the following Friday), Christmas Eve & Christmas Day, New Year's Eve. e. Inclement Weather — weather conditions that prohibit the effective operation of sweeping operations f. Debris — litter, rubbish, leaves, sand, dirt, garbage, and other foreign material g. Street — all paved dedicated public rights-of-way within the existing or future corporate limits of the City h. Re-sweep — sweep required when previous sweeps are deemed by the City to be below standard or when a street or sections of a street are missed during regularly scheduled operation i. Special Sweep — sweep involving unusual conditions such as traffic hazards, parades, and similar events billed at an hourly rate including travel time. If appropriate, prior approval from General Services Director or designee is required 8 City of San Bernardino - Request for Quotation Street Sweeping j. Travel Speed — sweeper operator must maintain a speed of no more than six miles per hour while the sweeping broom is lowered in the operating position III. WORKING HOURS All sweeping activities shall be completed by 2:00 PM, Monday through Thursday unless prior approval is given by the Operations Support Superintendent. Typically sweeping occurs no earlier than 4:00 AM. Approval of Contractor schedule will be at the sole discretion of the City. IV. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest maintenance standard. Standards, schedules, and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. Due to different street widths throughout the City, street sweeping may require slower travel speed and/or multiple passes by the sweeper, in many cases, to ensure curb-to-curb coverage of the street. Streets with raised medians (commercial and residential) shall have their curb-gutter perimeter swept, including turnouts. Street- grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations. Each street shall be swept clean to the adjacent property line. Swept clean means minimal debris residual or tailings. Any sweeper used must not blow debris onto private property nor drain water onto the street from the rear hopper. Sweeper shall travel with the direction of traffic at all times. A significant number of City streets are posted no parking for street sweeping during designated hours on various days of the week. It is imperative that the Contractor maintain a firm schedule for sweeping posted streets, as the Contractor is required to coordinate sweeping operations with Parking Control Officers from the San Bernardino Police Department. The Contractor is required to sweep parking lots, including the City Utilities and Corporation Yards, adjacent to streets along the scheduled route. An acceptable alternative to hand sweeping, for locations such as street ends and portions of parking lots, will be considered. Any alternative must be included in this Quotation and approved by the Operations Support Superintendent. The Contractor is required to correct deficiencies within the time specified by the City. Re-sweeps of the deficient area will not be billed to the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. 9 City of San Bernardino - Request for Quotation Street Sweeping If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standard. V. TERM OF CONTRACT Unless earlier terminated as allowed for in the Agreement, contract term shall be for a period of one (1) year. The term is intended to commence on June 16th, after City Council approval of this contract, and upon receipt and approval of all required bonds and insurance. The term of this Agreement shall automatically be extended for up to five (5) additional one (1) year terms with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. VI. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of San Bernardino General Services Department. There shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A status report of activities performed and maintenance issues addressed by the Contractor will be submitted in writing to the City on a weekly basis. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. VII. SPECIFICATIONS This Description of Project is intended to cover all labor, material and standards of workmanship to be employed in the work called for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be 10 City of San Bernardino - Request for Quotation Street Sweeping specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. VIII. CORRESPONDENCE All correspondence shall be addressed to Christopher H. Alanis, Integrated Waste Division Manager, Public Works Department, City of San Bernardino, 234 South Mountain View, San Bernardino CA 92408 Email: Alan is_ch@a sbcity.org IX. PROVISIONS FOR EXTRAS No new work of any kind shall be considered. X. WATER The Contractor will be issued water meter(s), which must be utilized when filling equipment from City fire hydrants. The Contractor will be responsible for the deposit required to obtain the water meter(s) and all charges stemming from the use of City water. XI. DISPOSAL Disposal of sweeping debris will be the responsibility of the Contractor. XII. RECORDS AND SCHEDULE The contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. EMERGENCY SERVICES The Contractor will provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of San Bernardino. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. D. Monthly Schedule 1 . The Contractor shall utilize and implement the City Council approved sweeping schedule attached as attachment C. 2. The Contractor shall complete the schedule for each item of work and each area of work. 11 City of San Bernardino - Request for Quotation Street Sweeping 3. Changes to the schedule shall be received by the City at least twenty-four (24) hours prior to the scheduled time for the work. 4. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or week. 5. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall he scheduled for all holidays and rainy days, unless otherwise indicated by the City. Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled. XIII. Performance During Inclement Weather 1 . During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 3. The Contractor shall immediately notify the Operations Support Superintendent when the work force has been removed from the job site due to inclement weather or other reasons. 12 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT C: DETAILED MAPS Detailed maps available on-line: http://www.sbcity.org/civicax/filebank/blobdload.aspx?blobid=3965 M 2nd &4th Wednesday) r i t zry 1 st&3rd [2nd&4th Wednesday ' 4 Tuesday �--' '�� `nay 3 ' i!- �� I 0T F d&4th ursday Z F zfo_ 1st Ist & 3rd !Thu rsdar 1st&3rd) P ondayl a` r .�,i 1st& 3rdf 7 �Tuesda ,r ML.st �. �,� Y.f'" MIKE 2nd &4th h , WN CITY tvlonday , � - ■11111 OF t !�a w�r.nr.. „v.w.aq, c>:nxem..c«�w.a .wv„o� cr ..baauas=w 13 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT D: AQMD RULE 1186.1 Rule 1186.1 - Less-Polluting Sweepers (Adopted August 18, 2000)(Amended June 4, 2004) (Amended September 9, 2005)(Amended May 5, 2006) RULE 1186.1. LESS-POLLUTING SWEEPERS (a) Purpose To reduce air toxic and criteria pollutant emissions, this rule requires certain public and private sweeper fleet operators to acquire alternative-fuel or otherwise less-polluting sweepers when purchasing or leasing these vehicles for sweeping operations undertaken by or for governments or governmental agencies in the jurisdiction of the South Coast Air Quality Management District (District). (b) Applicability (1) This rule applies to any federal, state, county, city or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, franchise, contractor, user or owner who provides sweeping services to a governmental agency that owns or leases 15 or more vehicles, including passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, but excluding those vehicles exempt as defined by Rule 1191 paragraph (f)(1). (2) Sweepers having a gross vehicle weight of 14,000 pounds or more are subject to this rule. 14 City of San Bernardino - Request for Quotation Street Sweeping (c) Definitions For purposes of this rule, the following definitions shall apply: (1) AFFECTED GOVERNMENTAL AGENCY means any governmental agency in the District's jurisdiction that owns or leases 15 or more vehicles, including passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, excluding those exempt as defined by Rule 1191 paragraph (f)(1). (2) ALTERNATIVE-FUEL SWEEPER means a sweeper with engine(s) that use compressed or liquefied natural gas, liquefied petroleum gas (propane), methanol, electricity, or fuel cells. Hybrid-electric and dual- fuel technologies that use diesel fuel are not considered alternative-fuel technologies for the purposes of this rule. (3) APPROVED CONTROL DEVICE(S) is a California Air Resources Board (CARB)-certified exhaust control device(s) that reduces particulates and possibly other precursor emissions. To be considered fitted with approved control device(s), all diesel exhaust from the sweeper, including the auxiliary engine (if applicable) must be vented through such a device(s) that have been certified by CARB at the time of vehicle purchase. (4) FLEET OPERATOR is any federal, state, county, city, or governmental department or agency, any special district such as water, air, sanitation, transit, and school districts, or private individual firm, association, franchise, contractor, user or owner who provides sweeping services to a governmental agency that owns or leases 15 or more vehicles, including 15 City of San Bernardino - Request for Quotation Street Sweeping passenger cars, light-duty trucks, and medium- and heavy-duty on-road vehicles, excluding those exempt as defined by Rule 1191 paragraph (f)(1). (5) GOVERNMENTAL AGENCY include any federal, state, regional, county, city, or governmental department and agency, and any special district such as water, air, sanitation, transit, and school districts. See AFFECTED GOVERNMENTAL AGENCY. (6) LOW-SULFUR DIESEL FUEL means diesel fuel that has a maximum sulfur content of 15 parts per million (ppm). The use of low-sulfur diesel fuel improves the performance of and may be necessary for the use of advanced exhaust control devices. (7) PURCHASE OR LEASE means that a purchase or lease contract has been signed by both parties for a sweeper to be delivered within 1 year of the purchase or lease contract date, which is the date the contract is signed by both parties. (8) SWEEPER means any heavy-duty vehicle with a gross vehicle weight of 14,000 pounds or more that is permitted to operate on public roads through California Department of Motor Vehicle registration or the federal government and used for the express purpose of removing material from paved surfaces, by mechanical means through the action of one or more brooms, or by suction through a vacuum or regenerative air system or any combination of the above. (9) SWEEPING OPERATIONS means operations to remove material from paved surfaces using sweeper(s), as defined by this rule. (d) Requirements 16 City of San Bernardino - Request for Quotation Street Sweeping For Fleet Operators: (1) Beginning July 1 , 2002, a fleet operator shall meet the following conditions for each individual purchase or lease of a replacement or additional sweeper: (A) Purchase or lease an alternative-fuel sweeper, OR (B) Before July 1 , 2008, if the fleet operator has an approved Technical Infeasibility Certification for this individual purchase or lease, as described in subdivision (e), (i) purchase or lease a non-alternative fueled sweeper with all applicable approved control device(s), and (ii) maintain the approved control device(s) per manufacturer's specifications, and (iii) if using diesel fuel, fuel the sweeper with low-sulfur diesel fuel only, and (iv) comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph (i)(3), unless a demonstration is made to the Executive Officer that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. For Affected Governmental Agencies Contracting for Sweeping Services: (2) Any affected governmental agency that signs a contract after July 1 , 2002 for sweeping services must: (A) Contract for sweeping services that use alternative-fuel sweeper(s), 17 City of San Bernardino - Request for Quotation Street Sweeping OR (B) Solicit bids for sweeping operations using alternative-fuel sweepers and if no bids are submitted: (i) Contract for non-alternative fueled sweeper(s) and ensure that the sweeper(s) are only fueled with low-sulfur diesel and outfitted with approved control device(s) that are installed and maintained per the manufacturer's specifications, and (ii) Contract for sweeper(s) that comply with Rule 1186 without invoking the exemption provision in Rule 1186 paragraph (i)(3), unless a demonstration is made to the Executive Officer that for solely technical reasons no certified sweeper, as defined in Rule 1186 paragraph (c)(2), is commercially available. (3) After January 1 , 2003, any renewal or extension option of a contract is considered a new contract that must meet the requirements of paragraph (d)(2). (e) Technical Infeasibility Certification Criteria and Procedures (1) Six months prior to the date of purchase or lease of a replacement or additional sweeper, any fleet operator seeking to comply with subdivision (d) without purchasing or leasing an alternate-fuel sweeper [i.e., opting to comply with paragraph (d)(2)], shall demonstrate the technical infeasibility of complying with paragraph (d)(1) requirements by 18 City of San Bernardino - Request for Quotation Street Sweeping submitting a signed and dated Technical Infeasibility Certification Request to the Executive Officer and attest to the accuracy of all statements therein, that shall include: (A) the name and address of the fleet operator; and (B) current sweeper fleet composition, including make, model, and a complete description of the sweepers' dust suppression systems, and (C) demonstration that no alternative-fuel engine and chassis configuration is commercially available from any manufacturer for sweeping operations conducted by the fleet operator (only technical reasons for choosing a given chassis configuration are acceptable), OR (D) demonstration that a fueling station for alternative-fuel sweepers commercially available from any manufacturer for sweeping operations conducted by the fleet operator is not available within five miles of the vehicle storage or maintenance yards. (2) Within 90 calendar days of receipt of a completed Technical Infeasibility Certification Request submitted pursuant to paragraph (e)(1), the Executive Officer will either approve or disapprove the Request, in writing. (3) The Executive Officer shall disapprove a Technical Infeasibility Certification Request if it does not meet the requirements of paragraph (e)(1). If a Technical Infeasibility Certification Request is disapproved by the Executive Officer: 19 City of San Bernardino - Request for Quotation Street Sweeping (A) The reasons for disapproval shall be given to the applicant in writing. (B) Upon receipt of a notice of a disapproved Technical Infeasibility Certification Request, the fleet operator shall comply with paragraph (d)(1). (C) The fleet operator may resubmit a Technical Infeasibility Certification Request at any time after receiving a disapproval notification, but must still comply with paragraph (d)(1) until such time as the Executive Officer approves a Technical Infeasibility Certification Request under paragraph (e)(1). (4) A Technical Infeasibility Certification Request is subject to plan filing and evaluation fees as described in Rule 306. (f) Exemptions (1) The provisions of this rule shall not apply to fleets consisting of evaluation/test vehicles, provided by or operated by the vehicle manufacturer or manufacturer representative for testing or evaluation, exclusively. (2) The provisions of subdivision (d) shall not apply to a sweeper purchase by a fleet operator that is solely dedicated to serving governmental agencies that are not subject to this rule, upon demonstration to and approval of the Executive Officer. (g) Compliance Auditing and Enforcement (1) At the request of the Executive Officer, the fleet operator shall provide the 20 City of San Bernardino - Request for Quotation Street Sweeping purchase, lease, or contract records for their sweepers to demonstrate compliance with subdivision (d). (2) At the request of the Executive Officer, any fleet operator claiming an exemption under subdivision (f) shall supply proof that their sweeper or fleet is exempted from this rule. (h) Severability If any provision of this rule is held by judicial order to be invalid, or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the validity or applicability of such provision to other persons or circumstances. In the event any of the exceptions to this rule is held by judicial order to invalid, the persons or circumstances covered by the exception shall instead be required to comply with the remainder of this rule. AQMD Incentive Funding Programs • Summary of Co-funding Sources http://www.agmd.qov/tao/FleetRules/AFVFundingSources.htm • Mobile Source Emission Reduction Review Committee http://www.cleantransportationfunding.org • Carl Moyer Memorial Program Incentives for Purchasing Lower-Emission Heavy-Duty Engines (ARB website) httl?://www.arb.ca.ciov/msprog/mover/mover.htm Other Links for Finding Fueling Stations http://www.agmd.gov/tao/FleetRules/Fuelguides.htm For more information on the fleet rules, call the FLEET RULE IMPLEMENTATION HOTLINE at (909) 396-3044 or e-mail fieetrules @agmd.gov. Source: http://www.agmd.qov/tao/FleetRules/1186. 1Sweepers/index htm 21 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT E: TOTAL MONTHLY COST FORM ROUTE Total Monthly Cost Total Annual Costs Mobilization/Demobilization $ $ One Time Per Month Service based on 1400 curb miles $ $ Twice Per Month Service based on 1400 curb miles $ $ Per Curb Mile Cost (lx) $ $ (Total Cost11400 Curb miles) Per Curb Mile Cost (2x) (Total Cost11400 Curb miles) 22 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT F: DRAFT AGREEMENT 23 Athens Services f Waste Collection•Recycling•Transfer•Disposal•Street Sweeping June 11, 2015 Chris Alanis Integrated Waste Division Manager City of San Bernardino 234 South Mountain Avenue San Bernardino, CA 92408 Dear Mr. Alanis: Arakelian Enterprises, Inc., dba Athens Services, is pleased to submit this proposal to provide city wide street sweeping services in the City of San Bernardino. Athens Services is a fourth generation, family owned, and locally operated solid waste collection, waste processing, and street sweeping company operating in the greater Southern California region. Our fifty-five years of operation in Southern California has demonstrated our ability to deliver excellent service at a competitive price. Our street sweeping experience dates back to 1,287. Athens Services is excited about the opportunity to develop a long-term relationship with the City of San Bernardino. We are the premier solid waste collection and recycling services company in Southern California with exclusive street sweeping contracts in 27 cities, and 100% of our street sweepers are alternative fuel vehicles. We are currently working on a comprehensive response to San Bernardino's RFP for solid waste, recycling and street sweeping services which will be submitted next month. In consideration of that opportunity and its inclusion of street sweeping services, Athens Services will not bill for the charges listed in Attachment E until the award of the solid waste services contract, which is estimated to be September 1, 2015. If Athens is awarded the contract these charges will be forgiven; if another vendor is chosen then we would expect to be compensated for our service from inception. Normally we would require sufficient time to prepare a thorough, comprehensive proposal. However, due to the short time period to evaluate this RFQ, our cost is based on street conditions in general conformance with cities of comparable size to San Bernardino. Additionally, it assumes no major variance from the quantified curb miles. We will notify staff of our findings and as such reserve the right to make future adjustments to costs in Attachment E should these conditions change. This pricing is valid for a period of one (1) year. Our local office address is listed below my signature. The contract will be managed from this location. 1 A On behalf of the dedicated Athens employees, we thank you for your consideration. As a native of San Bernardino I am glad to be of service! Sincerely, Gary M. Clifford Executive Vice President Athens Services 222 West Hospitality Lane, 2nd Floor San Bernardino, CA 92415 (909) 382-3251 Attachments: References Attachment E 2 REFERENCES As an overview, we currently have exclusive service agreements for street sweeping with the municipalities illustrated below. i w AC, 'R,� Hlt.l _ Agoura Hfiis '°e'• °-� �-" C'ouariY of i.>>L C'erunh of LA C'mina Glendora, A zusa C'crritos Read Dwrict Rawbnt Height, wcf I.akc Monterey lla6, ;�crti�rt Beach iier�aros:i In+i�aci:�ie Manhattan Beach �lpnro�ia i3eu�h r 1£''S I I 1W •r«471 ,. Pains Verdes 111acrntia Pomona Kowimid San Fernando SantC:abM Sate Marino Estates ' 'kill a s Sierra Madre South A l Monte South P:tsadettat Santa Ana TenaPle('its As requested by the City, specific information regarding a few of contracts follow below. Pomona CITY CONTACT: Jerry Perez, Streets and Solid Waste Manager TELEPHONE #: Office: (909) 620-2482, Cell: (909) 322-7607 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. CONTRACT DATES: 2009 - 2021 CONTRACT VALUE: $6.3M ATHENS TEAM: Gary Clifford, EVP, Will Wilson, GM, Cesar Ortiz, Supervisor Santa Ana CITY CONTACT: Doug Wicks, Street Maintenance Supervisor TELEPHONE #: Office: (714) 647-309, Cell: (714) 352-1500 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. 3 CONTRACT DATES: 2012-2020 CONTRACT VALUE: $6.5M ATHENS TEAM: Gary Clifford, EVP, Will Wilson, GM, Cesar Ortiz, Supervisor Manhattan Beach CITY CONTACT: Juan Price, Maintenance Superintendent TELEPHONE #: Office: (310) 802-5310, Cell: (310) 901-0928 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. CONTRACT DATES: 2011-2018 CONTRACT VALUE: $2.7M ATHENS TEAM: Gary Clifford, EVP, Will Wilson, GM, Cesar Ortiz, Supervisor Glendora CITY CONTACT: Robert Sahagun, Public Works Manager TELEPHONE #: Office: (626) 914-8252, Cell: (818) 207-5979 SCOPE OF SERVICE: Sweeping of all residential and commercial streets and alleys and City owned facilities. CONTRACT DATES: 1995-2025 CONTRACT VALUE: $11.3M ATHENS TEAM: Gary Clifford, EVP, Will Wilson, GM, Cesar Ortiz, Supervisor 4 City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT E: TOTAL MONTHLY COST FORM ROUTE Total Monthly Cost Total Annual Costs Mobilization/Demobilization $ 3,500 $ 42,000 One Time Per Month Service based on 1400 curb miles $ 31,500 $ 378,000 Twice Per Month Service based on 1400 curb miles $ 63,000 $ 756,000 Per Curb Mile Cost (1x) $ 22.50 $ 22.50 (Total Cost/1400 Curb miles) Per Curb Mile Cost (2x) (Total Cost/1400 Curb miles) $ 22.50 $ 22.50 5 4=0' BURRTEC WASTE IMOUST'RitES, IiMC. "We'll Take Care Of It" June 11, 2015 Mr. Christopher H. Alanis Integrated Waste Division Manager City of San Bernardino 234 S. Mountain View Avenue San Bernardino, CA 92408 Re: Street Sweeping RFQ Burrtec Waste Industries appreciates the opportunity to respond to the Request for Quotation (RFQ) for Street Sweeping Services in the City of San Bernardino. Burrtec, through its qualified sub-contractors, provide street sweeping services in conjunction with our solid waste collection services to many communities throughout the Inland Empire and San Gabriel Valley. We serve as the direct contact for all related customer service issues and special services required by individual municipalities on a day in day out basis. In short, "we take care of it." Burrtec prides itself on being able to direct a complete street sweeping program utilizing top of the line equipment and data recording as well as efficient street routing and public notifications. We understand the compliance issues outlined in the RFQ and have responded accordingly. Additionally, as requested the proposed price quotation will be valid for a minimum period of one (1) year. Once again we would like to thank the City of San Bernardino for the opportunity to present our street sweeping cost quotation. Please do not hesitate to contact myself or our local customer service office if there are any questions. We are located at 5455 Industrial Parkway, San Bernardino, CA 92407, 909-889-1969. Respe y, Mice Arreguin Vice President 9890 Cherry Avenue * Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290 BURRTEC WASTE INDUSTRIES, INC. STREET SWEEPING PROPOSAL RELATED EXPERIENCE Agency: Cit of Barstow -Description of Work: Street and designated parking lots twice per month Primary Agency Contact: Belinda Barbour 220 E. Mountain View St, Ste A Barstow, CA 92311 (760) 256-3531 x126 Contract Dates: 9/1/13 - present Contract Value: $144,000/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Tim Williams — Division Manager (oversees day-to- day op erations) -Agency: Cit of radbury Description of Work: All paved streets, alleys and medians every other week Primary Agency Contact: Michelle Keith 600 Winston Ave Bradbury, CA 91008 626-358-3218 Contract Dates: 4/1/11 - present Contract Value: $4,200/ ear Contract Director/Manager and Richard Nino — Contract Manager Member of the Team: Mike Samano — Division Manager (oversees day-to- day operations) -Agency: Cit of Duarte Description of Work: Streets, alleys and medians every other week Primary Agency Contact: Karen Herrera 1600 Huntington Dr Duarte, CA 91010 626-357-7931 Contract Dates: 7/1/10 - present Contract Value: $64,400/ ear Contract Director/Manager and Richard Nino — Contract Manager Member of the Team: Mike Samano — Division Manager (oversees day-to- day operations) -Agency: Cit of Eastvale Description of Work: All paved roads with curb and gutter to include major arterials and medians on a weekly basis Primary Agency Contact: Michele Nissen 12363 Limonite Ave, Ste 910 Eastvale, CA 91752 951-361-0900 Contract Dates: 8/1/11 - present Contract Value: $5,000/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Bill Jones — Division Manager (oversees day-to-day operations) -Agency: Cit of Hi hland Description of Work: All paved streets and medians on a weekly basis Primary Agency Contact: Melissa Morgan 27215 Baseline Highland, CA 92346 (909) 864-6861 x230 Contract Dates: 11/1/06 — present Contract Value: $142,800/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Lou Estrella — Division Manager (oversees day-to- day operations) -Agency: Cit of Juru a Valle Description of Work: All paved roads with curb and gutter to include major arterials and medians. Residential is twice a month and major arterials are weekly. Primary Agency Contact: Jim Smith 8930 Limonite Ave Jurupa Valley, CA 92509 951-332-6464 Contract Dates: 12/6/12 - present Contract Value: $176,800/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Bill Jones — Division Manager (oversees day-to-day operations) -Agency: Cit of Rialto Description of Work: All public roads, City parking facilities, paved areas of the cemetery and on-call emergency sweeping Primary Agency Contact: Amy Crow 150 S. Palm Ave Rialto, CA 92376 909-421-7221 Contract Dates: 3/1/13 — present Contract Value: $321,500/ ear Contract Director/Manager and Richard Nino — Contract Manager Member of the Team: Bill Jones — Division Manager (oversees day-to-day operations) -Agency: Rubidoux CSD Description of Work: All paved roads with curb and gutter to include major arterials and medians. Residential is monthly a month and major arterials are weekly. Primary Agency Contact: Dave Lopez 3590 Rubidoux Blvd Rubidoux, CA 92509 951-684-7580 Contract Dates: 12/1/14 — present Contract Value: $18,800/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Bill Jones — Division Manager (oversees day-to-day operations) -Agency: Cit of U land Description of Work: All arterial, collector, commercial, residential and industrial streets included cul-de-sacs, street centerlines, paved medians, left turn pockets, alleys, maintenance yards, intersections and facilities within the City twice a month Primary Agency Contact: Rosemary Hoerning 1370 N. Benson Ave Upland, CA 90786 909-290-2960 Contract Dates: 7/1/14 - present Contract Value: $235,700/ ear Contract Director/Manager and Mike Arreguin — Contract Manager Member of the Team: Alfonso Arias — Division Manager (oversees day-to- day operations) City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT E: TOTAL MONTHLY COST FORM ROUTE Total Monthly Cost Total Annual Cost Mobilization/Demobilization $ - $ - One Time Per Month Service based on 1400 curb miles $ 30,708.33 $ 368,500.00 Twice Per Month Service based on 1400 curb miles $ 47,875.00 $ 574,500.00 Per Curb Mile Cost (1x) (Total Cost11400 Curb miles) $ 21 .93 $ 263.21 Per Curb Mile Cost (2x) (Total Cost11400 Curb miles) $ 34.20 $ 410.36 '4:efi)3 f?li?� Ytli3t �-s.V?t'r�;tnYt!tt;: June 10, 2015 Mr. Christopher Alanis City of San Bernardino 234S. Mountain View Avenue San Bernardino, CA 92408 Dear Mr. Alanis, Enclosed is our proposal for providing high quality street sweeping services for the City of San Bernardino on a month-to-month basis using alternative-fuel street sweepers in compliance with AQMD Rule 1186.1. Our proposal contemplates complete compliance with all terms and conditions set forth in your request for quotation. Our proposal includes pricing on Attachment E for Mobilization/Demobilization, one time per month service and two times per month service. The proposed pricing will be valid until June 11, 2016. The contract will be managed from CleanStreet's administrative (and nearest) office at 1937 W. 169th Street, Gardena, CA 90247, telephone (800) 225-7316. We serve more than 55 cities in southern California. We are committed to providing high quality street sweeping and high quality customer service. We understand that the City of San Bernardino is seeking a problem-free service provider. We are confident that we will be able to perform this contract without any exceptions or problems. Thank you for this opportunity. We would enjoy working for the City of San Bernardino. 1 hope we can be of service. Sincerely, CLEANSTREET Rick Anderson Director of Business Development Cell: (310) 740-1601 Office: (800) 225-7316 x108 1937 West 169th Street, Gardena, California 90247 (800) 225-7316 x108 CleanStreet.com E-mail: rnderson@cleanstreet.com Fax: (310) 538-8015 REFERENCES y .r Account Contact Date of Service CITY OF ONTARIO Dale Adcock 2001 to current 1425 S. Bon View Avenue (909) 395-2624 Ontario, CA 91761-4406 CITY OF UPLAND Acquanetta Warren 2008 to current 460 North Euclid Avenue, Box 460 (909) 931-4240 Upland, CA 91785 CITY OF FONTANA Tony Mata 2008 to current 16489 Orange Way (909) 350-6772 Fontana, CA 92335 (800) 225-7316 x108 lean lst 1937 W. 169th Street -,; Cleaning Your Environment rN. Gardena, CA 90247 _.... ..., �..,.,i:� ,.. . . :-::nom.:;.-.,..,�:..t��::,�:.,,.�::.,.:�,..,. ,�.,:.,,,.::..t=;r ... City of San Bernardino - Request for Quotation Street Sweeping ATTACHMENT E: TOTAL MONTHLY COST FORM ROUTE Total Monthly.Cost Total Annual Costs Mobilization/Demobilization $ 63,608.00 $ 63,608.00 One Time Per Month Service based on 1400 curb miles $ 54,835.00 $ 658,020.00 Twice Per Month Service based on 1400 curb miles $ 85,509.00 $ 1,026,108.00 Per Curb Mile Cost(1x) $ 39.16 $ (Total Cost11400 Curb miles) Per Curb Mile Cost (2x) (Total Cost/1400 Curb miles) $ 30.53 $ 22 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 3 NUMBER SEVEN TO THE FRANCHISE AGREEMENT WITH JACK'S DISPOSAL, 4 INC. TO INCLUDE STREET SWEEPING SERVICES, A TERM EXTENSION TO ALLOW MONTH TO MONTH SERVICE, AND ISSUANCE OF A PURCHASE 5 ORDER. 6 WHEREAS, on May 1, 1995, the Mayor and common council adopted Resolution 7 No. 95-138 authorizing an agreement between the City of San Bernardino and Jack's Disposal 8 Inc. relating to refuse disposal. 9 WHEREAS, the Public Work's Department, Integrated Waste Management Division 10 11 is in agreement with Jack's Disposal Inc. (Jack's Disposal, Inc. is a Burrtec Waste Industries 12 Inc., Inc. affiliate under common ownership and management) for refuse disposal and street 13 sweeping; 14 WHEREAS, an Amendment to the agreement is needed to fulfill the needs of the 15 16 citizens of the City of San Bernardino for Street Sweeping Services for the FY 2015/2016 17 year; 18 NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND THE COMMON 19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 21 22 authorize the City Manager, to execute Amendment Number 7 to the Franchise Agreement 23 with Jack's Disposal, Inc., attached hereto as Exhibit "A" and incorporated herein. 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER SEVEN TO THE FRANCHISE AGREEMENT WITH JACK'S DISPOSAL, 3 INC. TO INCLUDE STREET SWEEPING SERVICES, A TERM EXTENSION TO 4 ALLOW MONTH TO MONTH SERVICE, AND ISSUANCE OF A PURCHASE ORDER. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2015, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 BARRIOS 13 VALDIVIA 14 SHORETT 15 16 NICKEL 17 JOHNSON 18 MULVIHILL 19 20 21 Georgeann Hanna, City Clerk 22 The foregoing resolution is hereby approved this day of , 2015. 23 24 R. Carey Davis, Mayor 25 City of San Bernardino 26 Approved as to form: Gary D. Saenz, City Attorney 27 28 By: 1 AMENDMENT NUMBER SEVEN TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JACK'S DISPOSAL,INC. 2 THIS AMENDMENT NUMBER Seven is made and entered into as of June 16, 2015, 3 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and JACK'S 4 DISPOSAL, INC ("GRANTEE"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 5 6 1. This Amendment is made with respect to the following facts and purposes: 7 a. On May 1, 1995, the City and Grantee entered into that certain agreement 8 entitled"Franchise Agreement" ("Agreement"). 9 b. The Agreement currently expires on July 1, 2015 and parties desire to 10 extend the term of the Agreement. 11 2. Section 8 Term, Extension, is hereby amended to extend the expiration of the 12 13 Agreement from July 1, 2015, to July 1, 2016 or as needed on a month to month 14 basis. 15 3. Section 4 Services provided by Grantee, shall be amended and include the 16 following "Grantee's scope of services shall include street sweeping performed on 17 an on-call basis. Each service event shall be performed one time per month in 18 19 accordance with the City of San Bernardino's monthly street sweeping schedule 20 and shall not exceed 1400 curb miles per monthly service event." 21 4. Section 9 Compensation, shall be amended and include item F. Item F. shall read 22 as follows: "F. Grantee shall be paid $30,708.30 per oncall event for street 23 sweeping services of 1400 curb miles located throughout the 60 square miles of the 24 City." 25 26 5. Except for the changes specifically set forth herein, all other terms and conditions 27 of the Agreement shall remain in full force and effect. 28 /II 1 1 2 3 AMENDMENT NUMBER SEVEN TO AGREEMENT BETWEEN 4 THE CITY OF SAN BERNARDINO AND JACK'S DISPOSAL,INC. 5 IN WITNESS THEREOF, the parties hereto have caused this Amendment Number 6 7 Seven to be executed by and through their respective authorized officers, as of the date 8 first above written. 9 14 CITY OF SAN BERNARDINO, GRANTEE A Municipal Corporation Jack's Disposal, Inc. 11 12 13 Allen Parker, City Manager Cole Burr, President 14 15 16 APPROVED AS TO FORM: Gary D. Saenz, City Attorney 17 19 20 21 22 23 24 25 26 27 28 2 �7 3887 Per sq. mile for this same service. Staff recommends that the Mayor and Common Council of the City of San Bernardino authorize and direct the City Manager to amend the existing franchise agreement with Jack's Disposal (Burrtec) and increase the services to include on-call street sweeping services. Given the franchise agreement with Burrtec is nearing conclusion, Staff also recommends that the City of San Bernardino extend the agreement to allow month to month service. City Attorney Review: Supporting Documents: Updated: 6/11/2015 by Georgeann "Gigi" Hanna F Packet Pg.685