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OR1G:i~AL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer
Subject: Resolution authorizing the
execution of an Agreement between the
City of San Bernardino and Republic
Services for organic material (green
waste) recycling services.
Dept: Public Services
Date: November 28, 2006
Meeting Date: December 18, 2006
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
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Signature
Contact person: Ken Fischer, Director
Phone:
5140
Supporting data attached: Staff Report,
Resolution; Agreement
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$1,041,600.00
527-412-5179
Source:
Finance:
Council Notes:
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Agenda Item No. ).. 0
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing a six-year contract award with three one-year extension options
at the City's option, between the City of San Bernardino and Republic Services for
organic material (green waste) recycling services.
Background:
The City of San Bernardino Public Services Department issued a Request for Proposals
to provide Organic Material Diversion. Organic materials are defined to include yard
waste and food waste collected by the City. Bidders were invited to bid on either yard
waste or food waste, or both.
The Request For Proposals were sent out in February 2006 to every state-identified
compost facility operator in Southern California and over forty businesses. Six
companies attended the March 2006 pre-bid meeting, which included a visual
inspection of a City curbside green waste sample.
. Ultimately, three bids were received - from Republic Services and two from Burrtec
Waste Industries. Both bidders operate materials recovery facilities and receive organic
materials from local curbside and commercial collection programs, as well as
landscapers. Of the two Burrtec bids, the first is to use our material for agricultural land
application, and the second is to use the material for daily cover on the Victorville
Landfill. Republic provided a single bid for our material. The cost of these proposals is
outlined below.
Vendor
Burrtec
Burrtec
Republic
Tonnaae
30000
30000
30000
Total Cost
$1,158,375
$1,139,475
$1,041,467
Neither bidder submitted a bid to receive food waste. Both bidders typically process
yard waste on-site by removing contaminants (plastic, glass, and metal) and grinding
the remaining organic material. The ground material is then screened; with oversize
material typically used for biomass fuel and finer material used as agricultural soil
amendment or landfill cover.
Republic's delivery location is advantageous, since it is located on Steel Road just
South of Hospitality Lane and West of Hunt's Lane in Colton, California. Burrtec's Agua
Mansa Facility located in Riverside County South of the City of Rialto requires additional
route time for deliveries. Their Jack's Disposal facility located on Industrial Parkway in
.
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North San Bernardino does not have the required permits to accept green waste
deliveries.
Based on the location and pricing advantages, it is recommended that the City's Green
Waste Recycling Agreement be awarded to Republic Services for an initial period of six
(6) years. We are also incorporating three one-year extensions at the City option as we
did with the recycling agreement. This will keep our recycling and organic material
agreements on the same timeframe.
Financial Impact:
Funds for this purchase order are contained in the Fiscal Year 2006/2007 Budget,
Public Services Department, Refuse Division, Account No. 527-412-5179 Dumptwaste
Fees in the amount of $1 ,041 ,600.00.
Recommendation:
Adopt resolution.
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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 Bernardino at a
meeting thereof, held on the
day of
, 2006, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
,2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
December 14, 2006
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PROFESSIONAL SERVICES AGREEMENT FOR
PROCESSING ORGANIC MATERIALS
THIS AGREEMENT is made and entered into this
, 2006 ("Effective Date"), by and between
BERNARDINO, a municipal corporation ("City"), and
corporation ("Contractor").
day of
the CITY OF SAN
, a
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 AB 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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WHEREAS, City and Contractor desire to contract for specific services in
connection with the Diversion of Organic Materials and desire to set forth their rights,
duties and liabilities in connection with the services to be performed; and
WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
SECTION 1.00 RECITALS
The Parties acknowledge the above recitals are true and correct and incorporate
them herein as if they were fully restated.
SECTION 2.00 DEFINITIONS
Whenever any term used in this Agreement has been defined by Division 30,
Part 1. Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City
of San Bernardino Municipal Code, the definition of such term set forth therein shall
apply unless the term is otherwise defined in this Agreement. The terms defined herein
shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall
have their ordinary meaning.
2.1 "AB 939" shall mean the California Integrated Waste Management Act of 1989.
currently codified as California Public Resources Code Section 40000 et seq. as
it may be amended from time to time.
2.2 "City" means the City of San Bernardino, a municipal corporation.
2.3 "Composting" means the controlled decomposition of organic material, as further
described in AB 939.
2.4 "Contractor" shall mean Republic Services of Southern California, LLC, a
California Corporation, the entity entering this Agreement with the City, or any
party permitted pursuant to the terms hereof to become the successor or
assignee thereof.
2.5 "Diversion" means landfill diversion in compliance with AB 939.
2.6 "Effective Date" shall mean
,2006.
2.7 "Hazardous Waste" means (i) all waste defined or characterized as hazardous
waste by the federal Solid Waste Disposal Act (42 U.S.C. 9 3251 et seq.), as
amended, including the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 9 6901 et seq.) and all future amendments thereto, or regulations
promulgated thereunder and (ii) all waste defined or characterized as hazardous
waste by the principal agencies of the State of California (including without
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limitation the Department of Health Services and the California 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
governmental 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. Scope of Services. Contractor shall provide the services described in
Contractor's Response.
3.2 Eauipment. 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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accounted for in some other manner.
3.5 Pursuit and Manaoement of Grants. Contractor shall assist City in
pursuing grants and other funding as may become available for composting, public
education and other organics related programs. Contractor shall manage any such
funding obtained, and implement any programs that may be funded, if requested to do
so by City, and shall be entitled to compensation for such management services if the
funding in question may be utilized to so compensate Contractor.
3.6. Warranty. Contractor warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including but not limited to those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and
local laws and ordinances applicable to the services required under this Agreement.
Contractor shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Contractor's performance under this Agreement.
3.7. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this
provision may result in the imposition of penalties referred to in Labor Code, Section
1735.
3.8. Business License. Contractor warrants it possesses, or shall obtain, and
maintain during the term of this Agreement a business registration certificate pursuant
to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses,
permits, qualifications, insurance and approvals of whatever nature that are legally
required of contractor/consultant/vendor to practice its profession, skill or business.
3.9. Deleoation and Assionment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City. Contractor may engage a subcontractor(s) as
permitted by law and may employ other personnel to perform services contemplated by
this Agreement at Contractor's sole cost and expense.
4.0 CITY RESPONSIBLILITIES
4.1 Access to City Documents. City shall provide to Contractor access to all
information and documents in City's possession that are relevant and material with
respect to Contractor's performance of this Agreement.
4.2 Access to City Owned Prooerty. City will provide access to and make
provisions for Contractor to enter upon City-owned property as may be required by
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Contractor to perform the services contemplated by this Agreement.
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5.0. TERM AND TERMINATION
5.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of six (6) years, ending December 31, 2012, (the "Initial Term")
unless previously terminated as provided herein or as otherwise agreed to in writing by
the parties. Subject to the provisions herein, the Initial Term of this Agreement may be
renewed for up to three (3) successive one (1) year terms ("Extended Term"). Such
Extended Term will be deemed automatic unless the City provides Contractor written
notice of City's intent not to extend the Agreement at least 180 days prior to the
expiration of the then current term of this Agreement.
5.2. Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with cause, at any time, by providing thirty (30) days
written notice to Contractor. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
5.3. Comoensation. In the event of early termination, City shall pay Contractor
compensation for all Organic Material delivered by the City as of the date of termination.
6.0. COMPENSATION AND ACCOUNTING
6.1. Monthly Fee Calculation. Contractor's monthly fees shall be calculated as
set forth in the "Fee Schedule" attached hereto as Exhibit "C" and
incorporated herein by this reference. Contractor shall perform material
characterization to determine the percentage of contamination at least on
an annual basis. Prior to the initial characterization, Contractor shall
provide a description of its characterization process to the City. The
characterization process used shall be the same as processes for other
municipalities served by the Contractor. Contractor will advise City of the
time for each characterization of City material and the City has the right,
but not the obligation to observe each such characterization.
6.2. Monthly Summarv Reoorts. At the time of submission of its monthly fee
calculation, Contractor will provide the City with a monthly report on the
overall amount of Organic Materials delivered by the City.
6.3. Payment by City. Contractor shall submit its monthly fee calculation and
monthly summary reports within ten (10) calendar days following the end
of each month. Upon receipt City shall immediately review Contractors
fee calculation and monthly summary reports, and identify missing or
inaccurate information to the Contractor. Contractor shall make such
corrections as are necessary or reasonably required by City and submit a
revised fee calculation and monthly summary report, if necessary, to the
City for payment. City shall have no obligation to pay Contractor for
disputed portions of the fee calculation. City shall make payment of all
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6.4.
6.5.
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 Bernardino'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
governing 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-fifty
(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 internally determine whether an extraordinary increase in
fees is warranted. If Contractor believes an adjustment is warranted,
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Contractor shall, no later than April 30th of the then-current year, submit to
City a report with supporting documentation and calculations detailing the
nature and amount of the requested adjustment. Any such adjustment
shall be subject to City's reasonable review and approval and any
approval by City of any such increase shall be in writing. The
measurement period for determining whether an extraordinary increase or
decrease occurred shall be from April 1 st of the previous calendar year to
March 31st of the then-current calendar year. Any adjustment pursuant to
this Section shall be effective as of the commencement of the immediately
following contract year, and shall only apply to that contract year.
Upon expiration of the contract year in which an extraordinary fee increase
has been approved by City, Contractor shall submit to City a report with
supporting documentation and calculations supporting the continued
imposition of the extraordinary fee increase. If the basis for said
extraordinary fee increase no longer exists, Contractor's fees shall revert
back to the fees in effect prior to the extraordinary fee increase.
6.6 Payment of Contract Related Administrative Expenses. Within thirty days
of the Effective Date of this Agreement Contractor shall make a one-time payment to
City in the amount. of $ 2,000.00 ("Administrative Expenses") which sum is intended to
help defray the administrative and overhead costs City has incurred in connection with
negotiating, drafting, reviewing, and otherwise preparing this Agreement.
6.7 Late Payment of Administrative Expenses. Interest on Administrative
Expenses past due will be assessed at the rate of 1.5% per month until paid.
6.8. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the
City or its Project Manager. prior to Contractor performing the additional services,
approves such additional services in writing. It is specifically understood that oral
requests and/or approvals of such additional services or additional compensation shall
be barred and are unenforceable.
6.9. Records and Audits. Records of Contractor's services relating to this
Agreement shall be kept on a generally recognized accounting basis and shall be made
available to City or its Project Manager for inspection and/or audit at mutually
convenient times for a period of three (3) years from the commencement of this
Agreement. Contractor shall maintain books and accounts of all project related weights
by material type. Such records 'Shall be available at all reasonable times for examination
by the City at the office of Service Provider.
7.0. TIME OF PERFORMANCE
7.1. Commencement of Work. The professional services to be performed
pursuant to this Agreement shall commence within five (5) days from the Effective Date
of this Agreement.
7.2. Excusable Delays. Neither party shall be responsible for delays or lack of
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performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material
shortages, compliance with laws or regulations, riots, acts of war, or any other
conditions beyond the reasonable control of a party.
8.0. INSURANCE
8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million ($1,000,000.00)
Dollars per occurrence and Two Million ($2,000,000.00), aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million
($1,000,000.00) Dollars, combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
8.2. Endorsements. The comprehensive general liability and automobile
liability insurance policies shall contain or be endorsed to contain the following
provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and contract
with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
8.3. Certificates of Insurance: Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described
above, in a form and content approved by City, prior to performing any services under
this Agreement.
8.4. Non-Iimitina: Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Contractor may be held responsible for payments of damages to persons or property.
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9.0. GENERAL PROVISIONS
9.1. Entire Aqreement: 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. Representatives. 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 Manaqers. 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 concerning 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 Southern
California
3059 E. Steel Road
Colton CA 92324
IF TO CITY:
City of San Bernardino
Public Services Director
Public Services Department
300 N "D" Street
San Bernardino, CA 92418
Attn: Thomas J. Vogt
Attn: Ken Fischer
9.5. Attornevs' 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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enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
Agreement.
9.6. Governinq Law: This Agreement shall be governed by and construed
under the laws of the State of California. In the event of any legal action to enforce or
interpret this Agreement, the parties hereto agree that the sole and exclusive venue
shall be a court of competent jurisdiction located in San Bernardino County, California,
or the United Sates District Court, Central District of California, Eastern Division.
9.7. Assiqnment: Contractor shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Contractor's interest in this Agreement
without City's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause
for termination of this Agreement. Regardless of City's consent, no subletting or
assignment shall release Contractor of Contractor's obligation to perform all other
obligations to be performed by Contractor hereunder for the term of this Agreement. In
the event of mutual agreement between the parties to sublet a portion of the services to
be performed pursuant to this Agreement, Contractor shall add the subcontractor as an
additional insured to Contractor's insurance policy and provide City with the insurance
endorsements prior to any work being performed by the subcontractor. Assignment
does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
9.8. Indemnification and Hold Harmless: Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees,
damage to property or injuries to or death of any person or p'ersons or damages of any
nature including, but not by way of limitation, all civil claims or workers' compensation
claims arising out of or in any way connected with the intentional or negligent acts,
errors or omissions of Contractor, its employees and/or authorized agents or
subcontractors in the performance of this Agreement.
9.9. Emolovment Indemnification: Contractor expressly waives all rights to
subrogation against City, its Officers, employees and volunteers for losses arising from
work performed by Contractor for City by expressly waiving Contractor's immunity for
injuries to Contractor's employees and agrees that the obligation to indemnify, defend
and hold harmless provided for in this Agreement extends to claims brought by or on
behalf of any employee of Contractor. This waiver is mutually negotiated by the parties.
This shall not apply to any damage resulting from the sole negligence of City, its agents
and employees.
9.10 Hazardous Substances Indemnification: Without regard to any insurance
coverage or requirements, and without limiting the above general indemnification
obligation in any way, Contractor specifically agrees to and shall, to the maximum
extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify,
and hold City and its past and present officers, council members, employees,
consultants and agents (hereinafter "Indemnified Parties") harmless from and against
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any and all claims, actions, liabilities, damages, demands, judgments, losses, costs,
liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and
all other losses, damages, fees and expenses of whatever kind or nature ("Claims")
(including but not limited to response costs, investigative costs, assessment costs,
monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and
similar costs, damages and expenses) that arise out of or are alleged to arise out of or
in any way relate to any. action, inaction or omission of Contractor that:
(a) . results in any demand, claim, notice, order, or lawsuit, asserting
that any Indemnified Party is liable, responsible or in anyway obligated to investigate,
assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
Hazardous Contaminant (as defined herein); or
(b) relates to material collected, transported, recycled, treated or
disposed of by Contractor.
Contractor's obligations pursuant to this Section shall apply, without limitation, to:
(a) any Claims brought pursuant to or based on the provisions of the
Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
42 U.S.C. S 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42
U.S.C. S 9601 et seq., the California Hazardous Substances Account Act (California
Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control
Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-
Cologne Act (California Water Code Section 13000 et seq.), and any and all
amendments and regulations thereto, and any other Federal, State, regional or local
environmental statutory or regulatory provision;
(b) any Claims based on or arising out of or alleged to be arising out of
the ownership, use, lease, sale, design, construction, maintenance or operation of
Contractor of any facility;
(c) any Claims based on or arising out of or alleged to be arising out of
the marketing, sale, distribution, storage, transportation, disposal, processing or use of
any materials recovered by Contractor;
(d) any Claims based on or arising out of or alleged to be arising out of
any breach of any express or implied warranty, representation or covenant arising out of
or in connection with this Agreement.
The foregoing indemnity shall apply irrespective of the negligence or willful
misconduct of Contractor or any affiliate of Contractor.
For purposes of this Section, the term "Hazardous Contaminant" shall mean any
"hazardous material," as that term is defined under California Health & Safety Code
Section 25501 (1); any "hazardous substance," as that term is defined under California
Health & Safety Code Sections 25281 (f), 25501 (e), 25501.1 and under Title 42, Section
9601(14) of the United States Code; any "hazardous waste," as that term is defined
under Title 42, Section 6093(5) of the United States Code and under California Health &
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Safety Code Section 25550(m); any chemical which the Governor has identified as a
chemical known to the State to cause cancer or reproductive toxicity pursuant to
California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined
petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-
containing material. The term "Hazardous Contaminant" shall also include any and all
amendments to the above-referenced statutory and regulatory provisions made before
or after the date of execution of this Agreement.
The provisions of this Section shall not terminate or expire and shall survive the
termination or expiration of this Agreement.
9.11. Indeoendent Contractor: Contractor, at all times while performing under
this Agreement, is and shall be acting at all times as an independent contractor and not
as an agent or employee of City. Contractor shall secure, at his expense, and be
responsible for any and all payment of wages, benefits and taxes including but not
limited to, Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its
officers, agents, and employees, and all business licenses, if any are required, in
connection with the services to be performed hereunder. Neither Contractor nor its
officers, agents and employees shall be entitled to receive any benefits which
employees of City are entitled to receive and shall not be entitled to workers
compensation insurance, unemployment compensation, medical insurance, life
insurance, paid vacations, paid holidays, pension, profit sharing or social security on
account of Contractor and its officers' agents' and employees' work for the City. This
Agreement does not create the relationship of agent, servant, employee, partnership or
joint venture between the City and Contractor.
9.12 Ownershio of Documents: All reports, documents, information and data,
including but not limited to computer tapes or discs, files and tapes furnished or
prepared by Contractor or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of City upon termination of this
Agreement. Any use of such documents for other projects, and any use of incomplete
documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. Contractor shall deliver to City any plans, specifications, studies, reports,
drawings or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
9.13 Public Records Act Disclosure: Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
and provided to City may be subject to public disclosure as required by the California
Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to
public disclosure may be those documents or information that qualify as trade secrets,
as that term is defined in the California Government Code Section 6254.7, and which
Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as proprietary. The City shall not, in any way, be liable or responsible for the
disclosure of any such records including, without limitation, those so marked if
disclosure is deemed to be required by law or by order of the Court.
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9.14. Confidentiality. All findings, reports, information and exhibits prepared or
assembled by Contractor in connection with the performance of its professional services
pursuant to this Agreement are confidential and Contractor agrees that they shall not be
made available to any individual or organization without the prior consent of City.
9.15. Responsibility for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that
an error or omission attributable to Contractor occurs, then Contractor shall, at no cost
to City, provide all necessary design drawings, estimates and other Contractor
professional services necessary to rectify and correct the matter to the sole satisfaction
of City and to participate in any meeting required with regard to the correction.
9.16. Prohibited Employment: Contractor will not employ any regular employee
of City while this Agreement is in effect.
9.17. Order of Precedence: In the event of an inconsistency in this Agreement
and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If
and to the extent this Agreement incorporates by reference any provision of the RFP or
the Response, such provision shall be deemed a part of this Agreement. Nevertheless,
if there is any conflict among the terms and conditions of this Agreement and those of
any such provision or provisions so incorporated by reference, this Agreement shall
govern over both the Response and the RFP and the Response shall govern over the
RFP.
9.18. Costs: Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
9.19. No Third Party Beneficiary Riqhts: This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
9.20. Headinqs: Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain
or to be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
9.21. Construction: The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed
as if drafted jointly by the parties and in accordance with its fair meaning. There shall
be no presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
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9.22. Amendments: Only written amendments executed by the parties hereto or
their respective successors and assigns may amend this Agreement.
9.23. Waiver: No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought. The waiver of any right or remedy in respect
to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
9.24. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance.
9.25. Counteroarts: This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
9.26. Coroorate Authority: The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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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
CONTRACTOR
Patrick J. Morris, Mayor
City of San Bernardino
Thomas J. Vogt, President
Republic Services
ATTEST:
Rachel Clark, City Clerk
City of San Bernardino
APPROVED AS TO FORM:
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Professional Services Agreement For Processing Organics Materials 11-06
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EXHIBIT "A"
CITY'S REQUEST FOR PROPOSAL
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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
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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.
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CITY'S RIGHTS, OPTIONS, AND POLICIES
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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:
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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 anenfoFcement 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).
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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. Compost/mulch 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
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EVALUATION OF RFQ AND BID PROPOSAL
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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.
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CRITERIA POSSIBlE[SCORE '
SCORE
WilLINGNESS TO SIGN ATTACHED SERVICES AGREEMENT 5
REFERENCES 10
bUALlFICATIONS AND EXPERIENCE 20
PERMITS, CLEARANCES AND REGULATORY COMPlLlANCE 15
LITIGATION HISTORY 10
PHYSICAL FACILITIES 40
TOTAL 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 contr.act.
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C.
Collection central. For the purpose of this RFQ and Bid Proposal,
collection central of the City will be 234 South Mountain View
Avenue.
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.
D.
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 indic>ate 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.
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EXHIBIT "B"
RESPONSE AND SCOPE OF SERVICES
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Page 17 of22
e Republic Smi;es of Sou/hem California's Respomf To City qfSan Bemardino
RfC/lIest For ProbosaLr to Prol'ide Orpanic .\1atenals Dil'el,i(1!1
Table Of Contents
Section A, B, 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
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Exhibits
1. Map to Inland Regional Material Recovery Facility
2. Drawing of Inland Regional Material Recovery Facility
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Republic Smices of Sou/hem Califomia's Response To City o/San Bemardil10
Request ror Proposals /0 Provide 01J!anic Matn7als Diversioll
PROPOSAL CONTENT
A. Proposer
Republic Sen'ices of Southern California, LLC agrees and is willing and able to
sign Exhibit A, Professional Sen'ices Agreement for Processing Organic Materials
as proposed by the City of San Bernardino in its Request for Proposals to provide
Organic Materials Dinrsion.
B. Processing Facili\y Location
In May, 2002 Republic Sen.ices 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'acill(y (3.88 miles/rom tbe Cir/s R,litSe Yard. 234 SOlltb ,'vIollntaln View Avenue)
29.650 sqllareleet IJ' vennllt,d to Drocw 1.950 tons Der dqr ~f munl,iDa! "olid waste materiaL {cree
"Mati" Exblbit 1.1
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 oudined in the
City's RFQ. The facility would be open to accept materials from i\londay 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 North America. The CYT facility,
located in .\naheim, 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 of II
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Rfpllblic S mices ofS olltbem Califomia s Re.rponse To City of S an Be171ardino
Ref/mst For Proposal.r to Protide Orr.anic Materials Diversion
California's, IRMRF, located in Colton, is currently process!I1g curbside
commingled recyclables from the cities of Colton, Highland, Grand Terrace,
Lorna Linda, Redlands, Ri,'erside Counn', San Bernardino County, San Jacinro,
Hemet, Calimesa, Cabazon, T emecula, Lake Elsinore, Canyon Lake, and Big Bear
Lake. Republic Services of Southern California's, Inland Regional l\[aterial
Recovery Facility currently provides green waste processing with these
jurisdictions as well.
The following cities that are under contract with Republic Services of Southern
California for processing.
Jurisdiction Address
Point of Contact Phone
i\lr. Louie \' ecchione 400 E. \'ermont St. 92805
City of i\nahelm Streets & Sanitation (14) 765.6860
~fanager.
~Ir Bill Hlggms 545]\i. Berr)'
City of Brca Director of ~1aintenance 92821
Svcs. (714) 990.7698
Cir)' of Chino Hills :--'lr. Ray Hansen 2001 Grand "\ve.
91-09
Senior .-\dminisrrati\"e (909) 364.2616
Analvst
?\1r. Daryl Parrish 650 :-.:. La Cadena Dr.
City of Colton 92324
City )'hnagcr (909) 370.5071
~Ir. Chris ~lever 303 W. Commonwealth
City of Fullenon 92832
City ~[anager (714) 738.6317
Cit\' of ~lr. .\] Holman 11222 .-\cacia Parkway,
Garden Grove Env-ironmental 92840
Services/Street )'1anager (714) 741.5956
~fr. Robert Dominquez 401 E. Chapman .\\'e.
City of Placentia City A.dmlfListrator 92870
(714) 993.81 F
City of Villa Park :\lr. Ken Domer 17855 Santiago Blvd, 92861
City :-'fanager (714) 998.1500
City of :\1[. David Gruchow 4845 Casa Lorna Ave.
Y orba Linda City ~lanager 92686
('14) 961.7110
:\1r. Gary Van Dorst 35 Cajon ~trce(
City of Redlands 92373
Solid \X'aste ;\fanager (909) 798.7529
Page 2 of II
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Republic S en~'tes of S outbern Califomia s RespollJe To City of Sail Bernardi1l0
Request For P,v/Josals to Provide OrJ!.allic j\1aterials DizJcrsioJ/
D. Project Organization & Staffing
Republic Services of Southern California, a Limited uability Company, and
wholly owned subsidiary of Republic Services, Inc., provides municipal solid
waste collection, disposal and recycling sen-ices to over 500,000 residents and
businesses weekly.
Operating since 1949, as the commercial hauler for the City of Anaheim. The
company has been recO\-ering and marketing recvclables for over 55 years.
C\'T, the processing di,-ision, was established in 1984 at the time of the opening
of the Anaheim Material Recovery Facility. For the past 20 Years, CYT has been
processing and marketing materials worldwide, sen'ing over 60 local
municipalities.
The officer within California is: Thomas J. V ogt, President,
Republic Services of Southern California, LLC
San Bernardino C01I11r;' Ofli,~
2059 E. Steel Road
Colton, CA 92324
(909) 370-3300
Orange Count)' Q~zce
1131 N. Blue Gum Street
Anaheim, CA 92806
(714) 238-3300
Page3 of 11
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Rep"M( S en'im rif SOli/hem Ca/ifomia s Ruponse To Cit)' o( San Bel71ardillo
Reqlle,-/ For Prof>osaLr /0 PIYil'ide Oreal/if Ma/rriaLr Diwrsiotl
In 2004, Republic Sen'ices of Southern California was formed from the parent
companv, Republic Sen'ices, Inc. which is located in Fort Lauderdale, Florida.
Republic Sen"ices currently ranks as the third largest solid waste and recycling
compam' in I'\orrh America.
Republic Sen"ices, Inc.
110 S.E. 6'h Street
Suite 2800
Fort Lauderdale, FL 33301
The Inland Regional Material Recm"ery Facility located ill 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..c\IRF is more than
capable of processing the green waste from the City of San Bernardino.
Republic Sen"ices 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, recycling expertise, innovative
management systems, and the integration of new technological ad,"ances places
Republic Sen' ices 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 ov"erall success of the waste reduction programs of the
City of San Bernardino. To underscore our commitment to sen"e the City of San
Bernardino, the following project managers and principal employees will be
m"erseeing the processing needs for the City.
Project Manaxer
Peter Sternberg, General Manager
2 yars with Republic Servim of Southern California, LLC,
BaJed ill S all Bernardillo COUllty
Peter oversees the operation of the Inland Regional
l\laterial Recovery and Transfer Station and collection
operations for the Inland Empire. He has been in the
solid waste industry for 23 years with experience ill
operations and contract administration for both the
private and public sector.
Page 4 of II
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Repllblic Jen1i,'fJ olJoll/hem Callfornia'J Re,rpollJe To City rif Jan BC171ardino
Rf{fIlCSI For PropoJals 10 Prol'ide Oream" ,Halerials Dil'Crsio/1
Manaxement Team
Thomas J. Vogt, President
2/ )'ean wilh Republic S enlices ofS oulhern California,
LLC. Based in Orange County
Tom is a graduate of California State Cniversity,
Fullerton, ,>\s President of the company, he
o\'ersees the operations of Republic Setyices of
Southern California, LLC. Tom is able to gin
direction to the management team responsible for
nine municipal franchised cities in Orange and
San Bernardino Counties encompassing O\'er
500,000 residential customers. Tom has a strong
background in yehicle maintenance and site engineering. Tom directed the design
and construction of the CVT processing and transfer facility, one of the most
successful facilities in the nation.
e
Barry Love, Director of Sales & Brokerage
23 years with Republic Seniw of SOl/them California,
liC, Based in Orange Count)'
Barry's education in the reC\Tling market has
proyided him with extensiye knowledge of both
export and domestic markets. This is important
considering the 40,000 tons of materials 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 flOding new markets for
their materials. He has extensi\'e recyclable materials marketing experience and has
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Republic Smdces of Southern Caltfornia's Response To City of San Bernardino
Request For PropoJals to Provide Oreani; "tatf/ii/ls Dizlcrsioll
been responsible for the start up operations of numerous major recycling projects
throughout California.
Michelle Zola, Controller
IOyear.< with Republic Servim of Southern Lalifornia, LLC, Based in Orange County
:'-lichelle has 19 years experience in business
finance and fmancial audit review. She
graduated with a Bachelor of Arts degree
with an accountmg emphasis from
California State Cniversity, Fullerton. As a
Certified Public Accountant, :\lichelle is able
to work well with city finances, 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 Sen"ices of Southern
California, LLC.
Marty Mitchell, Off Road & Facilities Man~ger
24 years with Republic Senices of Southern California, Based in Orange County
With m"er 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 BI -annual basis. Republic Services
of Southern California has passed inspection
for the past rwelve years or six inspections. As a result of our through
Page 6 of II
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Republic S mices of Southern Califomia's Re.rpollse To CifJ! of Sail Bernardino
Request Por Proposals to Protide Or~allic .\1ate1ials Diversion
maintenance, the CHI' awarded two re,'iew onlv inspections. All prcventati,'e
maintenance is scheduled twice as often as required by the California Highway Patrol
and federal Department of Transportation standards. The clcanliness and appearance
of the on-road vehicles is a high prioril:)' to all employces at Republic Services of
Southcrn California. Using state-of-the-art processing and collection techniques ar
our Material Recovery Facilities, we are able to divert thousands of tons a day from
entering our landfills. Under Marty's direction, the department 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 Services of Southern
California, LLC' Department of Environmental and Regulatory Affairs,
California Solid Waste Facility Permit
Cil:)' of Colton Business License
City of Colton Business License
CcrtifIcate of Occupancy
Business Occupancy Permit
City of Colton Design Review/CUP
OSHA Pressure \'essel (Air)
OSHA Pressure \'essel (Air)
State of C1\ - DF 1\ - D1\1S
County of San Bernardino - D\XiM
County of San Bernardino - DPH
Health & Safety Annual Permit
Roll.Off Refuse Bins" "
Health & Safety AppJ: Rev, Fee
NPDES Stormwater WDID No,
State ofCA EPA IdentifIcation
City of Colton Building Department
Cil:)' of Colton Fire Department
#36-1\1\-0412
#41355 .
#44435
#114996
#BOP-114-996
#DC\'-33-99
#24044-96/NB 394835
#24045-96/NB 365554
#278
#5254
#9609365578
#9609365579
#9703127218
#830S017024
#CAL 00025421
#BOO-020-517
#0352
No violations or areas of concerned have been issued to the Inland Regional
Material Recovery Facility (IRMRF).
Page 7 of II
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Republic 5 mices of 5 authem California's Respome To Cif]' oj5 an Bernardino
Request For Pm/mals to PtrJl!ide OrJ!.anic MateJiaLr Divmion
F. Future Plans for a Permit Change
There are no furore plans for a permit change or application as related to the
acceptance of marerials from the City's recycling program.
G. Indictments /Litigation HistolY
Since Republic Services, Inc.'s (the "Parent") initial public offering in July of 1998
and the formation of Republic Services of Southern California, LLC (the
"Bidder") on November 30, 2004, neither the Parent nor the Bidder has been
indicted or been a party to litigation arising out of the performance of a organics
processing contract or ,-iolation of laws, regulations or permits.
H. Bid Sheets
The City would be charged based on the following:
1. A per ton rare of 531.65 for all green waste delivered. This rate is based on
the contamination rate for the green waste material which the City is
currently 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 taken to the San Bernardino County landfill system as part
of the Waste Disposal Agreement would be subject to landfill pass-through
adjustments.
Page 8 of 11
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Republic Services oj Southem Califol7lia s Response To City oj 5 an Bemardino
Request For Proposals to Provide OTJ!allic Material>' Diz'ersioll
I. & J. Pricing Methodology
Each load delivered to the Inland Regional Processing Facility bv 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-recovery 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 deli\-ered Total Yearly
Rate rate Costs
00/0_50/0 $27.38 30,000 $821,266.33
I 6%-10% 531.65 30,000 $949,500.00
11%-15% $34.72 30,000 51,041,467.62
L. Drawing of Inland Regional Material Recovery Facility
1. Attached is a drawing of the Inland Regional Material Recovery Facility
showing scales, ingress and egress. ("Drawing" Exhibit 2.) San Bernardino's
City green waste vehicles will be provided with priority status to avoid
queuing behind self-haul trucks. Each City green waste truck will be able to
be weighed, unloaded and back on the road wirhin a 10 minute time period.
Under normal circumstances 1"0 City vehicle will be delayed beyond a 15
minute time period as outlined in the City's RFQ. Republic Services of
Southern California, LLC is equipped to provide for alternative off-loading
methods in the event of reasonable down-time due to repair and maintenance
of equipment.
11. The scale currently in use is an American Scale Company and is overseen by
the California Department of Weights and Measures. All of our scalehouse
personnel are registered with the State as Certified Weightmasters.
Page 9 of II
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Republic 5 mices of Soutbern California 'J Re.rponse To City of San Bernardino
Reque.rt For Proposal., to Proltide Orr.anic ,\1atenal.r Dir'erJion
ill. The area cast of the entrance turns into a grinding area during the e,'ening.
IY. The storage for the compost is located on the north side of the faciIin'.
Y. _\1I residue is loaded onto trailers located on the south side of the facility.
M. Facility
1. ,\fter capturing the ,'ehicle weight, the driver receIves his receIpt and can
proceed direcrly to the tipping floor area. 'Ibe short distance between the
scales and the tipping floor is void of am' 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 vchicle ingress and egress.
II. .\s 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
cuI-dc-sac, vehicle traffic is very minimal around our 'facility. The very light
,'ehicle traffic allows excellent ingress and egress to/from the street Weare
prepared and flexible to accommodate the hours of operation for the Ciry's
,'chicles.
Ill. Our scale is located just inside the entrance for quick and easy truck access.
We estimate rlle time for a truck to be processed duough the facility and back
on the street to be within 10 minutes. \'V'e guarantee no truck will take ovcr
15 minutes. The current facility has been designed in such a way that any
expansion to the facility would be feasible.
ill. The 10 foot wide, above-ground scale provides more than adequate
clearance for all types of collection vehicles.
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Republic Sm1ces o/Sollthem Califomia's Response To City of San Bernardino
Request For Proposals to Protide Oreanic Alatenals Diversion
N. Willingness
Republic Sen-ices of Southern California, LLC agrees and is willing and able to
accept and di,'ert yard waste materials collected by the City's organics program
including:
i. Yard waste (grass, brush, shrubs, leayes, limbs).
ii. \Vood (dimensional lumber)
O. Additional Material
1. 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.
ill. We will process and di,'ert material from selected construction loads at a rate
of 546.01/ ton. The City would receiye landfill di,-ersion credit for actual
material recovered.
PROPOSER'S SUMMARY
O,-erall, Republic Sen-ices of Southern California, is prepared and able to sen,ice the
City of San Bernardino's green waste program as oudined 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 sen.ice and outstanding customer satisfaction.
The Republic SeITices of Southern California facility is fully permitted and available
to handle the City of San Bernardino's Organic Materials. We take our relationships
with our service cities yery seriously. \X'e stri,.e to maintain positive lines of
communications from our city liaisons to the driyers who frequent our facility. Our
equipment and facility are permitted and in compliance with all applicable local, state
and federal laws. We feel ,.ery positi,-e that Republic Sen-ices of Southern California
could provide the City of San Bernardino with qualified and exceptional green waste
serVIce.
Page II of II
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E. STEEL ROAD
W. REDLANDS BLVD.
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COLTON DISPOSAL
REGIONAL MATERIAL RECOVERY FACILITY
2.059 E. STEEL ROAD
COLTON, CALIFORNIA 92324
909.370.3377
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Distance
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\S> 5: Turn RIGHT onto S MOUNTAIN VIEW AVE. 0.4 miles
.. 6: End at 234 S Mountain View Ave
San Bernardino, CA 92408-1315, US
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EXHIBIT "C"
FEE SCHEDULE
I 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