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HomeMy WebLinkAbout20-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director Dept: Public Services Or'''' ..,~: nl \.illlv ~. ..' Subject A resolution authorizing the execution of an agreement with Buntec Waste Industries, Inc., for the provision of commingled recydables processing Date: Janu:uy12,2001 Council Meeting Date: Janu:uy 22, 2001 Synopsis of Previous Council Action July 10, 1995 Reso 95-221 July 24,2000 Reso 2000.218 requesting extension of agreement term Nov 6, 2000 Reject all bids - Taormina Industries Agreement Nov 22,2000 Tabled . Taonnina Industries Agreement Recommended Motion: Adopt resolution ~~~f Lynn Merrill Contact person: Lynn Merrill Phone: 5140 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Net income to Refuse $138,697 Source: 527.000-4901 Miscellaneous Receipts Finance Council Notes: fII.U..{.tJ-Ul.llv'v / /J,). /0 I ~,) f u . 110. ,^O <<./S-/o) CIlY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT A resolution authorizing the execution of an agreement with Burrtec Waste Industries, Inc. for the provision of commingled recyclables processing. BACKGROUND OnJuly 10, 1995 Council approved the execution of an agreement between the City of San Bernardino and Taormina Industries, L.L.C, . for the processing of commingled recyclables from the residential waste stream. This Agreement was for a period of two (2) years with three (3) one-year options, The original agreement ended on July 27,2000, On July 24,2000 Council approved the execution of the First Amendment to the above Agreement to extend the term to October 27, 2000, Requests for Proposal for Commingled Recyclables Processing, RFP F-01-39, were sent to four (4) vendors, the San Bernardino Area Chamber of Commerce, and advertised in The Sun Newspaper and the City Web page on August 15, 2000. Two (2) proposal packages were received on September 18,2000 from Burrtec Waste Industries, Inc, of Fontana, California and Taormina Industries, L.L.c. located in Anaheim, California. On November 6, 2000, the Mayor and Common Council rejected all bids submitted under RFP F-01-39 and directed staff to re-solicit proposals. Staff revised the Request for Proposal, RFP F-01-39-A (attached) and reissued the package on November 29, 2000, Two (2) proposal packages were received on December 21, 2000 from Burrtec Waste Industries, Inc, and Taormina Industries, L.L.c. An evaluation team consisting of First Ward Councilwoman Esther Estrada, City of Redlands Acting Solid Waste Manager John Davis and Assistant to the City Administrator Lori Sassoon was assembled and reviewed the two proposals using the evaluation fonn, (attached), Each of the five sections was evaluated with a total score of 50 points possible, 10 points per each of the five sections, As part of the proposal evaluation, staff reviewed both the market pricing submitted as RFP F-Ol. 39-A Table 1, and evaluated the floor pricing submitted as RFP F.Ol.39.A Table 2, Market price is the current price paid for materials processed whereas floor price is the guaranteed lowest prices paid for the materials, The results of the market pricing submitted as RFP F-01-39-A Table One are summarized below: Burrtec Table 1 Taormina Table 1 Difference Pricing Pricing YEAR 1 $ 404,342,00 $ 439,439.97 $ (35,097.97) YEAR 2 $ 471,502.00 $ 479,633,30 $ (8,131.30) YEAR 3 $ 533.812.00 $ 519.826.63 $ 13,985.37 YEAR 4 $ 611,089.00 $ 560,019.95 $ 51,069.05 YEAR 5 $ 684,483.00 $ 604,491.61 $ 79,991.39 TOTAL $ 2.705.228.00 $ 2,603,411.46 $ 101,816.54 The results of the floor pricing submitted as RFP F-Ol.39-A Table 2 are summarized below: Burrtec Table 2 Taormina Table 2 Difference Floor Pricing Floor Pricing YEAR 1 $ 332,872.48 $ 141,484.76 $ 191,387.72 YEAR 2 $ 321,771.72 $ 125,530,92 $ 196,240.80 YEAR 3 $ 310,670.96 $ 109,577.09 $ 201,093.87 YEAR 4 $ 278,122.47 $ 93,623.25 $ 184,499.22 YEAR 5 $ 278,122.47 $ 77.669.41 $ 200,453.06 TOTAL $ 1,521,560.10 $ 547,885.43 $ 973,674.67 The results of both the proposal evaluation and the price comparison were entered into a spreadsheet (attached). As a result of this process, Burrtec Waste Industries, Inc. received a score of 141 points while Taormina Industries, LLC received a score of 136 points, The RFP and resulting Agreement, if approved, would be for a period of two (2) years, with three (3) one-year options to a maximum of five (5) years. This Agreement may be terminated by either party with cause, Upon a ninety (90) day written notice. FINANCIAL It is estimated that the first year's revenues under this agreement will range between $332,872.48 and $404,342.00, based on Buntec's estimate between the Floor Pricing and Market Pricing, With five (5) months remaining in the fiscal year the increase in revenues for FY 2000/2001 is estimated at $138,697. No expenses will be generated under this agreement, RECOMMENDATION Adopt the resolution authorizing the Mayor to execute the agreement with Burrtec Waste Industries, Inc. to process the City's residential commingled recyclables for a two (2) year period, with three (3) one-year options for a maximum of five (5) years, 2 ('~ ..,. .. .. ~ l! .. ~ 8 "! :ll - .... .. .. - - It - ,., ~ 0> <Xl N N " .. ~ "' <Xl N N .. ~ .... "' N N " .. ~ .... ~ N '" - l!i ~ <Xl N " '" ^ 0> .... ... !i 'It <Xl <Xl 5; 'lii <Xl <Xl -=\1 ca <Xl Ol > W N .. Ol <Xl ;;; ,., Ol N !i 'It ... ,., 0 0 ; - - 'lii :I Ol Ol -\1 !: ,., Ol W N .. <Xl ,., ;;; ~ ,., - -"' 'It" .... '" ... 0 ; 'lii ,., ,., :I '" - - ii .. > Ol ,., - w II! ,., ,., - - ;;; i .Q ~ '- .. .Q ... ~ 0' ~ . m ~ c 1ll ~ 'E ~ 0 U m " II) III l!! III o Gl l,) ji lnc:c.!!! C . U 00)>> .- C"') U - . Gl ("',ll! (; a:: -'iii . 'tl > II.. Gl Wa..- - II.. g' III a:: ._ 11I0 E o CI. 0 e a.. 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PROCESSING "RFp. g(J~ -~ 2.9 TAORMINA'S PROPOSALS TABLE 1 - MARKET PRICING % Recovered Taormina's Taormina's Dollar Percent 1st Bid 2nd Bid Variance Variance 34.44% Newspaper #6 $75,00 $80.00 $5,00 6,67% 27.68% Mixed Paper $30,00 $60.00 $30.00 100.00% (bid as O/S) 10.27% Newspaper #8 $95.00 $105.00 $10,00 10.53% 8.24% Cardboard $95.00 $95.00 $0,00 0,00% 2.15% Office Paper $90.00 $90,00 $0,00 0,00% 82,78%1 0.42% Aluminum Cans $2,550.00 $2,550.00 $0.00 0,00% 1,58% PET Plastic $1,300,00 $1,350.00 $50,00 3,85% 2.26% Clear HOPE $500.00 $520,00 $20,00 4.00% 1.14% Colored HOPE $300.00 $300.00 $0.00 0,00% 2,57% Tin Cans $35.00 $37.50 $2,50 7,14% 2,75% Clear Glass $140.00 $140.00 $0,00 0,00% 1.68% Brown Glass $135.00 $135,00 $0.00 0.00% 1,17% Green Glass $126.00 $126.00 $0.00 0.00% 2.63% Mixed Glass $80.00 $84.00 $4.00 5.00% TABLE 1 - FLOOR PRICING (BURRTEC'S KEY TO WINNING BID) % Recovered Taormina's Taormina's Dollar Percent 1st Bid 2nd Bid Variance Variance 34.44% Newspaper #6 $45,00 $45.00 $0,00 0,00% 27,68% Mixed Paper $15,00 $20.00 $5.00 33,33% (bid as O/S) 10,27% Newspaper #8 $70,00 $70,00 $0.00 0,00% 8,24% Cardboard $75,00 $75,00 $0.00 0.00% 2,15% Office Paper $70,00 $70.00 $0.00 0.00% 82,78%1 0.42% Aluminum Cans $2,250,00 $2,250,00 $0.00 0,00% 1,58% PET Plastic $920,00 $920.00 $0.00 0,00% 2,26% Clear HOPE $410.00 $410.00 $0.00 0,00% 1,14% Colored HOPE $275.00 $275.00 $0,00 0,00% 2.57% Tin Cans $27,00 $27.00 $0.00 0.00% 2.75% Clear Glass $121.00 $121.00 $0.00 0.00% 1,68% Brown Glass $121.00 $121.00 $0.00 0,00% 1,17% Green Glass $106.00 $106.00 $0.00 0,00% 2,63% Mixed Glass $59.00 $59.00 $0.00 0,00% (0 SAN BERNARDINO . PROCESSING "RFP" BURRTEC'S PROPOSALS TABLE 1 - MARKET PRICING % Recovered Burrtec's Burrtec's Dollar Percent 1st Bid 2nd Bid Variance Variance 34.44% Newspaper #6 $91.00 $95,00 $4.00 4.40% 27.68% Mixed Paper $60.00 $50,00 -$10.00 .16.67% 10,27% Newspaper #8 no bid $110,00 8,24% Cardboard $65,00 $105,00 $40,00 61,54% 2.15% Office Paper $123.00 $145.00 $22,00 17.89% 82,78%1 0.42% Aluminum Cans $259.00 $2,580.00 $2,321.00 896.14% 1.58% PET Plastic $850.00 $1,250.00 $400,00 47,06% 2.26% Clear HDPE $451,00 $515.00 $64,00 14,19% 1.14% Colored HDPE $2,159.00 $435.00 -$1,724,00 -79,85% 2,57% Tin Cans $25.00 $30.00 $5,00 20,00% 2.75% Clear Glass $64.00 $125,00 $61.00 95,31% 1.68% Brown Glass $61.00 $122,00 $61,00 100,00% 1.17% Green Glass $47.00 $105,00 $58,00 123,40% 2,63% Mixed Glass no bid $65.00 TABLE 1 . FLOOR PRICING (BURRTEC'S KEY TO WINNING BID) % Recovered Burrtec's Burrtec's Dollar Percent 1st Bid 2nd Bid Variance Variance 34.44% Newspaper #6 $40.00 $85.00 $45,00 112,50% 27,68% Mixed Paper $10,00 $45.00 $35.00 350,00% 10.27% Newspaper #8 no bid $99.00 no bid 8.24% Cardboard $60,00 $85.00 $25,00 41,67% 2,15% Office Paper $60,00 $130.00 $70.00 116.67% 82,78%1 0.42% Aluminum Cans $825.00 $2,450.00 $1,625.00 196,97% 1.58% PET Plastic $180,00 $1,215.00 $1,035.00 575,00% 2.26% Clear HDPE $200,00 $580.00 $380,00 190,00% 1.14% Colored HDPE $90,00 $420.00 $330.00 366.67% 2.57% Tin Cans $20.00 $27.00 $7.00 35,00% 2,75% Clear Glass $20.00 $121,00 $101,00 505,00% 1.68% Brown Glass $18.00 $118.00 $100.00 555.56% 1.17% Green Glass $4.00 $103,00 $99,00 2475,00% 2.63% Mixed Glass $0.00 $60.00 $60.00 no bid @ .SAN BERNARDINO . PROCESSING "RFP" SIDE-BY-SIDE PROPOSALS TABLE 1 - MARKET PRICING % Recovered Burrtec's Taormina's Dollar Final Bid Final Bid Variance 34.44% Newspaper #6 $95.00 $80.00 -$15,00 27,68% Mixed Paper $50,00 $60.00 $10.00 10,27% Newspaper #8 $110.00 $105.00 -$5,00 8.24% Cardboard $105.00 $95.00 .$10,00 2.15% Office Paper $145.00 $90.00 -$55.00 82,78%1 0.42% Aluminum Cans $2,580.00 $2,550.00 -$30.00 1.58% PET Plastic $1,250.00 $1,350.00 $100.00 2,26% Clear HDPE $515.00 $520.00 $5.00 1,14% Colored HDPE $435.00 $300,00 .$135.00 2.57% Tin Cans $30.00 $37.50 $7,50 2,75% Clear Glass $125.00 $140.00 $15.00 1.68% Brown Glass $122,00 $135,00 $13,00 1,17% Green Glass $105,00 $126.00 $21.00 2.63% Mixed Glass $65,00 $84.00 $19,00 Percent Variance -15,79% 20,00% -4,55% -9,52% -37,93% Burrtec Taormina Burrtec Burrtec Burrtec -1,16% Burrtec 8,00% Taormina 0,97% Taormina -31.03% Burrtec 25.00% Taormina 12,00% Taormina 10,66% Taormina 20.00% Taormina 29.23% Taormina TABLE 1 - FLOOR PRICING (BURRTEC'S KEY TO WINNING BID) % Recovered Burrtec's Final Bid 34,44% Newspaper #6 $85.00 27,68% Mixed Paper $45.00 10,27% Newspaper #8 $99.00 8,24% Cardboard $85.00 2.15% Office Paper $130.00 82,78%1 0,42% Aluminum Cans $2,450.00 1.58% PET Plastic $1,215,00 2,26% Clear HDPE $580,00 1,14% Colored HDPE $420,00 2,57% Tin Cans $27,00 2,75% Clear Glass $121,00 1.68% Brown Glass $118,00 1.17% Green Glass $103,00 2.63% Mixed Glass $60,00 Taormina's Waste News Taormina's Final Bid Pricing 01/05/01 Dec Pricing $45.00 $47.00 $52,92 $20.00 $0.00 $36.45 $70,00 $74.00 $78.50 $75.00 $38.00 $77,00 $70.00 $50.00 $70,00 + CRY Income $2,250.00 $1,950.80 crv $2,406.62 crv = $1 ,450,80 $920.00 $1,188.76 $1,290.96 crv = $948,76 $410,00 $431.83 $470.26 crv = $171,83 $275.00 $291,83 $275.26 crv = $171.83 $27.00 $20.00 $17,86 $121.00 $119.40 $124.68 crv = $87.40 $121,00 $119.40 $124,68 crv = $87.40 $106.00 $102.40 $109.68 crv = $87.40 $59.00 no price $57,83 crv = $87.40 (3) SAN BERNARDINO - PROCESSING "RFP" Cash Flow Analysis to the City of Processing 1 00 tons of Curbside material Information from "RFP" response "MARKET" INCOME Burrtec Taormina (note the close "market" estimates) "Market" price per ton year 1 $126.41 $123,03 Last year's actual recovery % 75%1 75%1 Income per ton processed $94,80 $92.27 x 100 tons $9,480.43 $9,227,03 Percent returned to City 90% 86% Resulting gross income to City $8,532.391 $7,935.241 Processing cost per ton -$40,00 -$31 ,25 x 100 tons -$4,000,00 -$3,125,00 Residue disposal cost per ton -$39.52 -$34.00 Last year's actual disposal % 25% 25% Disposal cost piton processed -$9.88 -$8.50 x 100 tons -$988.00 -$850,00 Subtotal of all direct costs I -$4,988,001 -$3,975,001 RESULTING NET INCOME TO CITY I $3,544,391 $3,960,241 Per ton processed income $35.44 $39,60 TAORMINA WINS (V SAN BERNARDINO - PROCESSING "RFP" Cash Flow Analysis to the City of Processing 1 00 tons of Curbside material Information from "RFP" response "FLOOR" INCOME Burrtec Taormina (note the unrealistic Burrtec "floor pricing) "Floor" price per ton year 1 $118.23 $81 .32 Last year's actual recovery % 75%1 75%1 Income per ton processed $88.67 $60.99 x 100 tons $8,867.25 $6,099.00 Percent returned to City 90% 86% Resulting gross income to City $7,980.531 $5,245.141 Processing cost per ton -$40.00 -$31.25 x 100 tons -$4,000.00 -$3,125.00 Residue disposal cost per ton Last year's actual disposal % Disposal cost piton processed x 100 tons Subtotal of all direct costs RESULTING NET INCOME TO CITY Per ton processed income -$39.52 25% -$9.88 -$34.00 25% -$8.50 -$988.00 -$850.00 -$3,975.001 $1,270.141 $12.70 -$4,988.001 $2,992.531 $29.93 BURRTEC WINS -- BUT w SAN BERNARDINO - PROCESSING "RFP' Cash Flow Analysis to the City of Processing 100 tons of Curbside material LOOKOUT IF BURRTEC CHANGES THE ACTUAL RECOVERY !!! "FLOOR" INCOME Burrtec Taormina (CHANGE in Burrtec's recovery %) (NO CHANGE in recovery) "Floor" price per ton year 1 $118.23 $81.32 Last year's actual recovery % 75%1 IBurrtec changes to: 60%1 Income per ton processed $70.94 $60.99 x 100 tons $7,093.80 $6,099.00 Percent returned to City 90% 86% Resulting gross income to City 1 $6,384.421 $5,245.141 Processing cost per ton -$40.00 -$31.25 x 100 tons -$4,000.00 -$3,125.00 Residue disposal cost per ton -$39.52 -$34.00 Last year's actual disposal % 25%1 IResulting disposal @ 40%1 Disposal cost piton processed -$15.81 -$8.50 x 100 tons -$1,580.80 . -$850.00 Subtotal of all direct costs -$5,580.801 -$3,975.001 RESULTING NET INCOME TO CITY $803.621 $1,270.141 Per ton processed income $8.04 $12.70 CITY LOSSES BIG TIME WITH BURRTEC !! (WITH ONLY A 15% CHANGE IN RECOVERY) (0 (/) o <( o ..J (!) z :J U 0>- oU oW Nlr lr::! 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ONI'- NN<:t ci"":o <0 .,- CO .,.... __LOCO...... r-:ooai OCOOlO O<OIDO ~Y7f;heti f37 f37 <:t<:t<:t<O I'-I'-I'-N aiair-:<ri OlOlCO<:t f37 f37 f37 f37 COCOCOC') <0 <0 <0 CO ooiooiair-: NNOID .,.....,....-,-tFt f37 f37 f37 1D1DC')<:t Ol<:t <0 CO .,-co-.:to oc<i'c<i'o N"C""""T""M ~ G:'3'G'~ ..J(!)..J:5 (!)~~(!) ~(/) ~ (/)(/)(/)(/) (/)::5(/)(/) ::5(!)::5::5 (!)z(!)(!) lr~ifio L50WW ..JlrlrX U[O(!)::2: ?fl.cflcf!.cf!. .,-Lt)"l:tL{) .,..................,.... "":00""': o N r-: I'- ID cO <:t f37 <0 ID r-: <0 f37 C') 0. CO cO I'- cq ~ o W lr W > o U W lr ..J ~ o I- ~ fi) m WASTE NEWS, January 15, 2001 WASTE NEWS COMMODITY PRICING REPORT HDPEprices suffer steep fall By Joe Tndnl Scrap high density polyethylene prices took a huge hit over the last month and a half and will drop even further before the smoke clears. Prices had been on a downswing after reaching historic highs during the summer. But both natural and colored HDPE markets declined sharply this month, dropping prices in some cases to half of last year's level. The price for natural HDPE plum. meted about 5 cents per pound throughout the country. The average price dropped to 13 cents per pound, down 10 cents from six months ago, Colored HDPE prices haven't fall- en 118 severely, but they saw a signifi- cant decrease. The average price plunged 3 cents per pound, winding up at 8 cents per pound 118 of Jan. 5. The sharp decline surprised some HDPE recyclers. The market deterio- rated during December, leading to multiple price decreases, one proces- Bor said. ." High~dEmsitY polyethylene prices (1'6, pound) ~ ~ (Baltd m8t~f.,t, pICked up af the S4Her's dock) $,24 1'", .-+.2?~ iE, ill :~~ ~"!. "'" ,16 " .14 ..It.. . r "" , '" Ill.; . 110M ()t .. . .12 Jl0 OB .t.t" J, # ~;l "'t :~ fit,j. o · Aug:~ AlIf). 18 StpL 1 SepL'15 SePt 29 Oct. 13 Od,27 Nov. 10 N"" 2' De< 8 DIJI:.22 .I.ln 5 .. 2000 t\ ' iitj' 2001 ; :~, .JJ tJ WASTE I<<WSri3C01l Mf~Il:"t"M'A'MJI o ore T 'It;l The scrap HDPE markets probably won't recover any time soon. Prices should slip agnin this month and could fall again during the first quar. ter, another major HDPE processor said. Demand has remained solid, but the market is saturated with virgin resin, pushing pri('t~s 60uth. Recyclers enjoyed strong pncmg last yenr as prices for both natural and colored HDPE soared, hitting historic highs in August. But prices have been slashed during the second half of 2000, which has carried over to the new year. . This chart represents prices recyclers are paying lor loose materials In eight metropolitan areas. The dala Is Intended 10 rellect pricing trends In those markets. Prices for the shaded cilles are lor the week ended Jan. 5; for the unshaded cities, Dec. 29. Prices listed are In U.S. dollars, per ton and delivered to door, unless otherwise noted. To contribute information for this section. please contact Waste News pricing reporter Joe Truini at (330) 865-6166. PAPER METALS ' Steel cans White oods Aluminum cans t2l GLASS Flint Amber Green PLASTICS '"'' I PET Natural HOPE Colored HOPE Combination HOPE (3) RUBBER Tires SERVICES ,~ landlilltipping lees , ' NEW YORK ~irJ~~ (1J' 1;11 , MIAMr'''' LOW AVG. HIGH LOW AVG. HIGH lOW AVG, HIGH LI1W AVG. HIGH 0 25 50 20 40 50 0 10 20 10 30 50 75 75 75 80 85 90 70 76 85 110 113 115 0 20 40 0 2 4 0 0 0 0 0 0 10 28 30 20 23 35 20 23 25 0 18 25 0 0 0 0 2 4 0 0 0 -3D 0 0 10 23 40 10 30 40 5 13 3D 20 38 80 30 43 60 50 80 140 15 28 40 25 53 140 30 50 60 120 135 140 40 40 40 75 103 160 0 11 18 0 17 31 0 10 25 0 0 0 0 11 18 0 17 31 0 19 25 0 4 23 35 39 40 37 40 42 35 37 40 25 29 36 , .. ATtANTj(' ....,. """1I0usroli'" , WASTE NENS FQr current Ind historical prICing data. sr!e theWasteN wsWeolne. . q"-CHICAGO ~ ." ",," DENVER"" ' "'LOS ANllEtES' ~ , ..' SEATTLE ,-, ee' 64 m ~ !'Ii 12 16 15 23 3D 30 3D 30 15 15 15 23 24 25 12 19 25 25 25 25 50 50 50 20 20 20 .7 .1 5 5 5 5 15 15 15 0 0 0 12 12 13 12 12 13 10 12 13 10 11 12 17 18 18 17 18 18 15 17 18 15 17 18 10 11 12 10 11 12 8 10 12 8 9 10 10 11 12 10 11 12 8 10 12 8 9 10 -125 .92 -75 ,150 -113 -75 .85 .57 -20 .200 -127 -85 64 64 22 em, om m 88 .'T.." ~J<I'_, . !1.l,;.J.!',~. 12 14 18 59 74 Footnotes: 11IBaledIl'lolI....II.piclo.ecIup. (2) Centt per pound. (3)Contalns lit leU eo percenl: natural HOPE. Other note,: The hqleat and lowest prQt art O"cpped belore the average Is oomputed. Wute News genera1eI tis pnoog WonnItIon lhmu\tllnlflMews wrtI\ maleri8l buytq believed 10 be relllble. BIA Wasle News 00ee no( guarantee !he 8CCUrnc:y, ~ aOO tmellnesa d Itle Wormlltian. WUIe Newt pnMdn no W8lTantIes of any kh:I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. ~(Q)[?)W RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUTHORIZING TIlE EXECUTION OF AN AGREEMENT WITH BURRTEC WASTE INDUSlRIES, INC., FOR TIlE PROVISION OF COMMINGLED RECYCIABLES PROCESSING. BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement (hereto marked "Exhibit 1") with Burrtec Waste Industries, Inc., for the provision of commingled recyclables processing as set forth in their proposal dated December 21, 2000 (hereto marked "Appendix I") and incorporated herein by reference as fully as though set forth at length. Term of said Agreement shall commence as set forth on date of Council approval for a period of two (2) years, with three (3) one-year options of renewal, for a maximum of five (5) years. SECTION 2. The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this resolution. IIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIII I I I I I IIIII Janwuy 12, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AlITHORIZING THE EXECUTION OF AN AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC., FOR THE PROVISION OF COMMINGLED RECYCLABLES PROCESSING. 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 , 2001, by the following vote, to wit: Council Members: Ayes N~s Abstain Absent ESlRADA LIEN McGINNIS Sa-INETZ SUAREZ ANDERSON McCAMMACK Rachel dark, City derk City of San Bernardino The foregoing resolution is hereby approved this day of , 2001. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal content; James F. Penman, City AttOrney BY: January 12, 2001 2 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: FROM: James F. Penman City Attorney Jbr Huston T. Carlyle, Jr. Sr. Assistant City Attorne DATE: January 19,2001 RE: Resolution of the City of San Bernardino authorizing the execution of an agreement with Burrtec Waste Industries, Inc., for the provision of commingled recyclables processing. Agenda Item #28. Reference is made to the above-indicated topic which is before the Mayor and Common Council for their consideration at the January 22, 2001 meeting. The rather voluminous documents comprising this agenda item were received in our office Thursday morning, January 18,2001 at approximately 9:00 a,m" way beyond any real or imagined deadline for agenda items to be transmitted for review to this office. I recommend that we decline to sign this resolution and agreement due to insufficient time to thoroughly analyze the documents. I would note that my cursory review to determine whether such a thorough review was doable revealed two deficiencies and two inquiries: First, while Paragraph 24 of the Agreement requires Burrtec to have the appropriate insurance policies from a dollar coverage standpoint, there is no requirement that the City be named as additional insured or that the City be notified of any change or termination of such policies. These two components are standard conditions in our agreements. Second, Paragraph 31 of the Agreement references "reasonable legal fees" but does not contain the standard language that 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 'legal fees' for purposes of this paragraph." Third, Paragraphs 20 and 22 of the Agreement concern cancellation by the City with cause, resulting in at least four (4) months passing before the City could get out of the Agreement with Burrtec for cause. My inquiry would be why the City would want to be stuck for such a long period of time in an Agreement with a defaulting party (arguably for failure to perform)? Fourth, as a corollary to the third point, I could not locate a provision whereby the City could simply cancel the Agreement (without cause) upon the giving of sixty (60) days notice, similar in concept to the provisions of Paragraph 19 of the Agreement relative to renewals. CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT INTER-OFFICE MEMORANDUM TO: Mayor and Common Council Lynn Merrill, Director 4, ~ FROM: DATE: February 5, 2001 SUBJECT: AGENDA ITEM #20 Commingled Recyclables Processing Update COPIES: Manager Fred Wilson, City Administrator; Arlington Rodgers, Solid Waste At the request of Council at the January 22, 2001 meeting, staff met with Eric Herbert, Burrtec Waste Industries, Inc. on January 31, 2001 to further clarify the terms and conditions of the agreement. As a result of this meeting, paragraph 26 of the agreement was revised to read: "CONTRACTOR shall guarantee the floor pricing as presented in their proposal and a 75% minimum recovery rate of the residential commingled recyclables. The CONTRACTOR's guarantee shall be secured by a financial assurance of $150,000, in the form of a performance bond, letter of credit or interest bearing account in the name of the City to be forfeited in the event that CONTRACTOR defaults on these specific guarantees." Staff reached agreement on the $150,000 financial assurance amount by calculating the daily cost of disposing of the commingled recyclables at the County landfill for a period of approximately 60 days ($1177.00 per day) plus the estimated lost revenues to the City during this time ($1,600 per day). In the event of default, staff would take actions to identify and secure an alternative processor for the recyclables to reduce the net impact on the City and to ensure timely compliance with AB 939 diversion requirements. It is expected that this process would take no more than 60 days to accomplish. LM/jj v{l 0 .~O dido! 2001-34 U1:f. Exhibit 1 AGREEMENT THIS AGREEMENT is entered into as of this 8th day of February , 2001, by and between BURRTEC WASTE INDUSTRIES, INC., (CON1RACTOR) and the CITY OF SAN BERNARDINO (CITY). WTINESSETH: A. WHEREAS, the State of California enacted the Solid Waste Management Act of 1989 which requires each City and County within the State to reduce the amount of solid waste disposed of by 50% by the year 2000 through source reduction, recycling, and composting; and, B. WHEREAS, the CITY adopted its Source Reduction and Recycling Element in March, 1992 in which the CITY proposed to meet its diversion mandate by a variety of programs, one of which is the implementation of a curbside residential program that collects and processes corruningled recyclables, thereby diverting these resources from landfill disposal and conserving natural resources; and, C. WHEREAS, the CITY issued a Request for Proposal to identify commingled recyclables processing options that would place a significant emphasis on the widest variety of materials to be recycled; and, D. WHEREAS, CON1RACTOR is competent, experienced and able to perform said services; and, E. WHEREAS, CON1RACTOR has provided processing options to the CITY which will allow the CITY to divert the maximum tonnage of material types; and, F. WHEREAS, such flexibility will allow the CITY to adapt quickly to changing market conditions while maintaining the highest possible diversion in order to meet and remain consistent with the State's diversion mandates; NOW, THEREFORE, the parties hereto agree as follows: 1. CON1RACTOR shall furnish the processing of corruningled recyclables as set forth in CON1RACTOR's proposal dated as shown in Appendix 1, attached hereto and incorporated herein. 2. CON1RACTOR agrees to provide copies to CITY of any and all of the following documents within ten (10) days of receipt by CON1RACTOR of final document from the issuing agency, or upon demand by the CITY: a. Pennits issued by local, regional, State or Federal agencies related to the operation of CON1RACfOR's site; b. Copies of any notices of enforcement, including but not limited to cease and desist orders, notices of deficiency, notice of termination, violations of air quality or water quality standards, or other actions taken by any governmental agency with oversight or enforcement relating to either land use or environmental regulation. 1 2001-34 , Exhibit 1 c. Certificates of insurance, including but not limited to Worker's Compensation and liability policies. 3. CONTRACfOR shall comply with any and all existing or subsequently adopted health, safety and solid waste regulations relating to but not limited to: processing, facility operation, reporting requirements, hauling registration, transfer station operation or other regulations as applicable issued by the California Integrated Waste Management Board, its successor organizations and agencies or other State and local agencies with jurisdiction over CONTRACfOR's facility. 4. The CONTRACfOR shall be paid for such services in accordance with the fee schedule included in CONTRACfOR's proposal dated December 21,2000 as shown in Appendix 1, attached hereto and incorporated herein. The following rates shall be applicable: a. PROCESSING FEE - The rate for processing each ton of material shall be no more than $40.00 per ton the first contract year, and $41.00 per ton the second contract year. In the event that the CITY exercises the Option Years Three to Five, inclusive, the rate for processing each ton of material shall be no more than $42.00 per ton for Option Year One, $42.00 per ton for Option Year Two and $42.00 per ton for Option Year Three. In the event that the CONTRACfOR desires to renegotiate rates for Option Years One through Three, inclusive, CONTRACfOR shall be required to provide a proposed rate and supporting evidence to the CITY no less than one hundred-twenty (120) days prior to the beginning of the option period and in accordance with paragraph 14, below. Nothing herein shall preclude CONTRACfOR from charging less than the rate set forth herein. Nothing herein shall preclude the CITY from requesting the CONTRACfOR to renegotiate rates. b. RESIDUAL DISPOSAL FEE - The rate for residual disposal costs shall be the rate per ton as set forth by the County of San Bernardino under the Waste Disposal Agreement entered into between the City of San Bernardino and the County of San Bernardino plus a $10.00 per ton handling fee. Any change to this landfill rate adopted by the County of San Bernardino Board of Supervisors shall be adjusted on the same date that the County solid waste tipping fees are adjusted. There will be no other adjustments to this rate for the term of the Agreement. c. SALES OF MATERIAL - CONTRACfOR shall pay monthly to CITY ninety percent (90%) of the price received by CONTRACfOR for sale of materials. In no event shall the monthly payment to the City be less than ninety percent (90%) of the prices listed on Table 2 for the sale of such materials, as submitted by CONTRACfOR to CITY on December 21, 2000 and incorporated herein. Said Table 2 being attached hereto and incorporated herein by this reference as fully as though set forth at length. d. TRANSPORATION - There shall be no charge for transporting one load of conuningled recyclables from delivety point to CONTRACfOR's processing facility. 5. CITY shall deliver commingled recyclables to CONTRACfOR's transfer facility. CONTRACfOR shall be responsible for loading and transportation of conuningled recyclables from CONTRACfOR's transfer facility to CONTRACfOR's processing facility at no additional cost to the CITY. 2 2001-34 Exhibit 1 6. Ownership of material shall transfer from CITY to CON1RACfOR upon delivery of material by CITY to CONlRACfOR, either at the time that the CITY loads material into CON1RACfOR's roll-off bin or transfer trailer, or upon discharge of material at CONlRACfOR'S Transfer Facility. CITY agrees to work with CONTRACfOR in developing and marketing materials to local markets. 7. As set forth in CON1RACfOR's proposal, CONTRACfOR shall process the following materials for sale by CONlRACfOR: old corrugated cardboard, newspaper, mixed papers (including all First Oass through Bulk Rate Mail, catalogues, brochures, craft papers and glossy stock), office paper (including white ledger, colored ledger, laser print out and computer print-out), plastics, (including high density polyethylene (HDPE), Polyethylene Terephthalate (pET), polyvinyl chloride (pVC), polystyrene (pS, including extruded foam), polypropylene (PP), and low density polyethylene (LDPE), aluminum (mcluding food and beverage cans and foils), bi-metal food containers, tin food containers, beverage and food container glass (mcluding clear, brown and green colors). CON1RACfOR may add additional materials that CON1RACfOR will process at any time during the period of this Agreement. In the event that markets for any of the above listed material become unavailable, CONlRACfOR shall notify CITY in writing of the adverse market conditions, and the proposed actions by CON1RACfOR to remedy this situation. CITY reserves the right to delete material set forth in this paragraph from processing, if, in the opinion of the CITY, the continued requirement that CONTRACfOR process this material results in additional costs to the CITY. 8. CONlRACfOR shall use the utmost diligence to market the processed materials in order to maximize the revenues resulting from the sale of each material. 9. CON1RACfOR shall, during the first week that the initial delivery of the CITY's commingled recyclables occurs, and in the presence of the CITY's Director of Public Services or his/her designee, conduct or cause to be conducted a waste composition study of the CIlY's commingled recyclables to determine percentages of each commodity set forth herein that are actually present within the total delivered commingled recyclables. This percentage of each commodity shall then be used to allocate revenues from the sale of each commodity back to the CITY, based on total gross tonnage of commingled recyclables delivered by CITY to CONTRACfOR CON1RACfOR shall perform subsequent waste composition studies during the first two weeks of the first month of each calendar quarter or upon a schedule agreed to in writing between the CITY and CONfRACfOR CON1RACfOR agrees to perform all waste composition studies in the presence of crITs Director of Public Services or his/her designee. CITY reserves the right to specifically waive the requirement that the Director of Public Services or his/her designee be present at any specific waste composition study. Either party reserves the right to call for a waste composition study at any time by providing ten day written notice to the other party. 10. CONfRACfOR agrees to dispose of residuals that may not be recyclable or compostable at a permitted landfill, transfer station or other disposal facility that is lawfully authorized to accept such solid waste and operated by the County of San Bernardino. CONlRACfOR shall be responsible for the physical transportation of residuals and for any costs incurred for said transportation of residuals to the disposal site, unless otherwise agreed to in writing between CITY and CON1RACfOR CONfRACfOR assumes full liability for all residuals disposed of by CON1RACfOR 3 2001-34 Exhibit 1 11. CONfRACTOR shall, within thirty (30) calendar days after the close of each month, submit a written report to the CITY's Director of Public Services, in a fonnat provided by the Director, including the following infonnation: a. Total tonnage of conuningled recyclables delivered by CITY to CONfRACTOR, subdivided into tonnage received for each commodity. b. Total tonnage of each commodity received by CON1RACTOR from CITY and delivered to another processor or end user, including name, address, telephone number and point of contact of the end user or other processor. c. Total tonnage of residuals delivered to each permitted landfill, transfer station, or other disposal facility, including the name, address, telephone number and point of contact for the disposal facility. d. Other reports as may be deemed appropriate to the services provided by CONfRACTOR under terms of this Agreement as requested by the Director of Public Services. 12. CONfRACTOR shall provide the Public Services Department with a monthly statement in arrears. CONfRACTOR shall attach and include as part of CONTRACTOR's invoice, copies of documents and reports as required in paragraphs 2 and 11 for the period covered by the statement. CONfRACTOR shall forward all monies due to CI1Y monthly, pursuant to Paragraph 4, section c, less any fees due to CON1RACTOR pursuant to Paragraph 4, sections a and b. City retains the right to challenge any or all parts of a statement. 13. In the event that CONfRACTOR's rates set forth herein are renegotiated for the third, fourth or fifth years of the contract, the following procedures as applicable to the financial statements or reports on behalf of CI1Y shall be used. CONfRACTOR shall submit a letter to CITY no less than one-hundred and twenty (120) days prior to the anniversary date of contract execution. The letter shall state the reason(s) for the rate increase, the factors affecting the rate and the proposed rate per ton. CONfRACTOR shall submit a fmancial statement prepared by a Certified Public Accountant for the previous twenty-four month period if the rate increase is anticipated for the third year of the contract, and for the previous twelve month period if the rate increase is anticipated for the fourth or fifth years of the contract, with the request for the rate increase. The CITY shall review the proposed rate and make a determination within fony-five (45) days from receipt of CON1RACTOR's letter regarding the applicability and necessity of the proposed rate increase. During the 45-day period, the CITY may request the opportunity to meet with the CON1RACTOR to review CONIRACTOR's request and supporting evidence. The decision to permit a rate increase will be at the sole discretion of the CITY. Nothing herein this paragraph shall preclude CITY from requesting to renegotiate CONfRACTOR's rates during the period of this Agreement. 14. In the event of discrepancy regarding any item within this Agreement, CON1RACTOR agrees to cooperate fully with the CITY in order to resolve said discrepancy. CONfRACTOR agrees to allow CITY, upon reasonable notice, to examine CONfRACTOR's accounting records, sale of material records or other infonnation, as applicable to the services provided to the CITY under this Agreement and to allow CITY to audit CONfRACTOR's books if necessary. 4 2001-34 Exhibit 1 15. CONTRACfOR agrees to provide written notice, ten (10) days in advance, of any and all refuse collection companies, operations or entities other than CONTRACfOR or CrIT who will be using CONTRACfOR's transfer facility located within the City of San Bernardino. CONIRACfOR agrees to include a report, including the items requested in paragraph 13 above, on any other users of CONTRACfOR's facility. 16. The CrIT shall reserve the right to negotiate a separate host fee on a per ton basis with CONTRACfOR for the use of CONIRACfOR's transfer facility by any and all refuse collection companies, jurisdictions, operations or entities other than CrIT, including any refuse collection or refuse hauling companies that CONTRACfOR may acquire during the life of this Agreement. 17. The terms of this Agreement shall be for a two (2) year period from the date first above shown. This Agreement may be renewed for up to three (3) additional one-year terms, for a maximum of five (5) years from the date first above shown. 18. CONTRACfOR is hereby notified that nothing within this Agreement shall in any way limit the CrIT from designing, developing or implementing CITY's own material recovel}' facility, transfer station, recycling facility or composting facility. CONIRACfOR further is notified that nothing within this Agreement shall in any way prevent the CrIT from entering into agreements with and between other agencies, entities or jurisdictions in order to efficiently manage the CIITs solid waste or recyclables, provide for material processing or disposal capacity, or require CITY to deliver any minimum tonnage of recyclable materials to CONIRACfOR during the life of this Agreement. CONTACfOR recognizes and accepts that the CrIT, by entering into this Agreement, makes no conunitment of future deliveries of commingled recyclables other than so specified within this Agreement. During the term of this Agreement, all commingled recyclable materials collected by the CITY will be delivered to the designated site to be processed by CONTRACfOR as defined by the scope of this Agreement. 19. The CrIT shall provide written notice to the CONTRACfOR of the CITY's intent to exercise each option year at least sixty (60) days prior to the expiration of the current term of this Agreement. 20. This Agreement may be terminated by either party with cause, upon thirty (30) days written notice to either party at the address set hereunder. 21. Notwithstanding any other provision of this Agreement either party may terminate Agreement upon ninety (90) days written notice to either party at the address set hereunder. 22. CONTRACfOR shall not sell, assign, subcontract or otherwise transfer ownership of this Agreement to a third party during the course of the Agreement without the prior consent of the CrIT. CONTRACfOR shall give at least one-hundred-twenty (120) day advance notice to the CITY of CONTRACfOR's intent to sell, assign, subcontract or otherwise transfer this Agreement to a third party. 23. The CrIT shall provide written notice to CONIRACfOR within three (3) business days of any deficiency or default discovered by the CrIT regarding CONIRACfOR's performance under this Agreement, including proper pennits issued by any regulatory agency with appropriate oversight of CONIRACfOR's facility and operation. CONTRACfOR shall have thirty (30) days in which to correct the default at CONTRACfOR's expense. In the event that CONTRACfOR is unable to 5 2001-34 Exhibit 1 correct default or provide a schedule in which to correct the default or deficiency to the CITY, the CITY shall have the right to terminate this Agreement. The CITY's written notice to CONIRAClOR shall be considered to be adequate notice as sedorth herein. 24. CONTRACfOR agrees to defend, indemnify, save and hold CITY, its officers, agents and employees harmless from any claims or suits that may be brought by third persons on account of personal injury, death or damage to property, or a property or business or personal interest, arising from any negligent act or omission by contractor while performing services under this Agreement. 25. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACfOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, naming the CITY as an additional insured, in the amount of $1,000,000.00 combined single limit, and statutoIY worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The CITY shall be notified ten (10) days in advance of any material change or termination of any such policies. 26. CONTRACfOR shall guarantee the floor pricing as presented in their proposal and a 75% minimum recoveIY rate of the residential commingled recyclables. The CONTRACfOR'S guarantee shall be secured by a financial assurance of $150,000, in the form of a performance bond, letter of credit, or interest bearing account in the name of the CITY to be forfeited in the event that CONTRACfOR defaults on these specific guarantees. 27. CONTRACfOR shall perform work tasks in accordance with CONIRACfOR's policies and procedures, and applicable Federal, State and local laws. CONTRACfOR shall be an independent contractor and not an agent or employee of the CITY. 28. In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or countty of origin. 29. In the performance of this Agreement, CONTRACfOR shall take appropriate steps to provide a drug-free workplace. 30.CONTRACfOR shall implement, where economically feasible, source reduction and recycling programs within CONTRACfOR's operations, and shall "Buy-Recycled" products when feasible. 31. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 TO THE CONTRACTOR: Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 6 2001-34 Exhibit 1 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. Notice shall be deemed to be received by either party three business days after being deposited with the United Sates Postal Service. 32. In the event that suit is brought against one party by the other party regarding this Agreement, the prevailing party in the suit shall be entided to reasonable legal fees. The costs, sal.uy and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "legal fees' for purposes of this paragraph. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO BT- . ft::C------y;:~~_/ Susan Lien, Mayor Pro Tem ArrEST: BURRTECWASTE INDUSTRIES, INC.. ~,h.~ Rachel k, City derk By Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: (1"""", 1- f?,/.,~ r/ ,j 7 February 9,2001 Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 Dear Sir, At the Mayor and Cornmon Council meeting of February 5, 2001, the City of San Bernardino adopted Resolution 2001-34 - Resolution authorizing the execution of an agreement with Burrtec Waste Industries, Inc., for the provision of commingled recyclables processing. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be nun and void if not executed within 60 days, or by April 6, 2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: February 20, 2001 TO: Judy Johnson, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-34 - Executed Agreement CC: Attached is a copy of the executed agreement between the City of San Bernardino and Burrtec Waste Industries, Inc. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. :)C-i. \- =.\ J\ppe",dix :I 1 ,,-.',.' ., --,.;.' . . ...- '.< ~. 1\ ":;,~':.-r;~~-1>"'!,\~-; ,", ./'~::~H'f;""S:_; . ''''..'-'-...c,....'.,.,.i€i.. , San Bprnaroino ,..' COMMINGLED RECYCLABLES PROCESSING REQUEST FOR PROPOSALS RFP F-Ol-39-A PRESENTED TO THE CITY OF SAN BERNARDINO December 2pt, 2000 TABLE OF CONTI;NTS SECOON ITEM PAGE NUMBER 1 Transmittal Letter 1-2 2 Work Plan Methodology 3-39 3 Project Organization 40-45 4 Related experience 46-47 5 Appendix BURRTEC WASTE INDUSTRIES, INC. December 21, 2000 City of San Bernardino Attention: Carol Doemner 300 North "D" Street 4th Floor Purchasing Department, RFP F-O 1-39-A San Bernardino, CA 92418 Dear Mr, Batson: In response to the Request for Proposals - RFP F-O l-39-Afor Commingled Recyclables Processing, dated November 29, 2000, Buntec Waste Industries, Inc. is pleased to otTer this Service Proposal, which is submitted with this letter in accordance with the requirements of the Request for Proposals. A completed and signed Price Form, along with Tables I and 2 and the Non-Collusion Affidavit, are submitted in a sealed envelope separate from the Service Proposal. The response content required to be included in the transmittal letter follows and is enumerated: l. Identification of Offeror: Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 (909) 4294200 (Telephone) (909) 429-4290 (Facsimile) 2. Proposed Working Relationship between Offeror and Subcontractors: During the normal course of business Burrtec utilizes subcontractors for services, On this Contract, Quality Paper Fibers may perform some of the materials processing, 3. Acknowledgment of Receipt of all RFP Addenda: Addendum # 1 and #2 were received by Burrtec Waste Industries, Inc. The information was reviewed and incorporated into the Proposal submitted. 4. Contact Person During Period of Proposal: Mr. Eric D. Herbert, Vice President/Chief Operating Officer Burrtec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 (909) 429-4200 (Telephone) (909) 4294290 (Facsimile) - I - 9890 Cherry Avenue. Fontana. California 92335 . 909-429-4200 . FAX 909-429-4290 5. Proposal Validity: Burrtec Waste Industries, Inc. understands and agrees that the Proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. ( 6. Authorized Signature: Mr, Eric D, Herbert is Vice President and Chief Operating Officer and is duly authorized to bind Burrtec Waste Industries, Inc, to the tenns of the Proposal. A corporate resolution certifying his capacity is included in the Appendix of this Proposal. In addition, Burrtec Waste Industries, Inc. has reviewed the requirements of the project as described in the Request for Proposals - RFP F-O 1-39-A, Commingled Recyclables Processing, and has no major exceptions to and requests no deviations from the technical or contractual requirements as written. Burrtec Waste Industries, Inc. and affiliated companies have extensive experience in providing commingled recyclables processing services. Burrtec has thoroughly examined and become familiar with the work required under this Request for Proposals and is capable ofperfonning quality work to achieve the City's objectives. It is understood we will be required to accept a Purchase Order and/or a written agreement in accordance with and included as a part of the published notice of Request for Proposals. By submitting this Proposal, Buntec warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in perfonning under the scope and specifications of this Request for Proposals are currently held and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification is included at the end of the Work and Methodology Section of this Proposal. Burrtec Waste Industries, Inc, is prepared to accept an annual purchase order on or about January 2ih, 2001, for commingled recyclables processing, upon approval and award by the Mayor and Common Council of the City of San Bernardino, Immediately upon execution of a contract, Buntec can begin to render the services proposed. Buntec Waste Industries, Inc. looks forward to discussing this Proposal in greater detail with the representatives of the City of San Bernardino Sincerely, {f) '?ttf En~M~rb~rt Vice President EDH:cjb -2- WORK PLAN METHODOLOGY Materials Delivery and TransDortation: The City of San Bernardino has the option to deliver its recycling materials to any of three locations. Pricing and rebates are the same for all three. All locations are within 15 miles of the City's Corporate Yard. Please see below for location specifics: LoC2tion ODeratinl! Hours Distance Time Transfer Rte. Jack's Disposal 54551nduMrialParkway San Bernardino, CA 92407 M-F 7 AM-6PM Sat. 7 AM-3PM 9 miles 15 min. Industrial Pky. East; University Pky. North; to 215 Fwy. Robert A. Nelson TS 1830 Agua Mansa Road Riverside, CA 92509 M-F 7 AM-6PM Sat. 7AM-4:30PM Sun.8AM-3PM II miles 19 min. Agua Mansa Rd. East; Riverside Ave. North to 10 Fwy. or South to 60 Fwy. West Valley MRF 13373 Napa Street Fontana, CA 92335 M-F 7AM-6PM Sat. 7AM-3PM 15 miles 25 min. N/A All of these locations have the necessary truck scales, tipping areas, personnel, and equipment to receive the City's recycling material in an efficient and timely manner. Computerized, certified weigh master certificates will be provided at each location to record each truck's weight of material delivered. Recycling materials will be transloaded into transfer trailers at both the Jack's Disposal and Robert A. Nelson TS locations and transported along the above route. Approximately 2 to 3 shipments are expected per day with an average payload between 15 and 20 tons. Transportation will be provided in Burrtec's or sub-contractor's transfer trailers. Burrtec will absorb all COMS for the transportation of the City's recycling materials to the location of final processing. Copies of applicable land-use permits, solid waste facility permits and insurance certificates are included at the end of this Section, pages 8 through 37. -3- Materials Processin2: ( The City's recyclable materials will be processed at the West Valley MRF or by Quality' Paper Fibers or, in the future, by the Robert A. Nelson Transfer Station The City's recycling material will be processed with the latest proven recycling technology available today. The recycling system utilizes a series of disc screens to separate newspaper (ONP #8) and mixed paper (SMP #2) from commingled containers. Newspaper and mixed paper streams are negatively sorted to remove contaminants- resulting in significant increases in operational and recovery efficiencies. Commingled containers are processed through a Trom-Mag (an intergrated trommel and magnet), a cyclone (air classification) system, and an eddy current--which together provide for the most efficient positive sorting of commingled containers, This commingled recycling system results in vastly improved operational and recovery efficiencies over the traditional positive sort system. This system provides the quality control to ensure the highest volume of material will be recovered for sale. The processing line has the capability offive hundred tons per day_ Please refer to the Appendix for the Recyclables Processing Flow Diagram, Burrtec is currently testing the recovery and marketing of plastic containers #3 through #7 - LOPE and LLDPE film wrap and bags, PS and expanded polystyrene (EPS), and other rigid plastic household items such as laundry baskets, buckets, toys, etc. As this market develops, Burrtec will be able to continually accept these items. l Burrtec is in final negotiations with both the City and County of Riverside to expand the Robert A. Nelson Transfer Station and build a materials recovery and processing facility. The Transfer Station is fully permitted for this expansion which is expected to be complete by the end of 200 1 and the processing system proposed is similar to West Valley's, Quality Paper Fibers is currently providing contract processing services for the Robert A. Nelson Transfer Station. Quality Paper Fibers operates a number of . recyclables processing facilities in Los Angeles. These facilities will provide additional processing capacity for Burrtec. Burrtec offers the same pricing and rebates for materials processed by Quality. Materials recovered from commingled recycling processing streams are identified on page S. t -4. RECOVERED MATERIALS LIST Paner FiberIMiscellaneous Items Boxed Paper Cardboard Cardboard OCC # 11 Chipboard Computer Paper Core Rolls Newspaper ONP #6 Newspaper ONP #8 Newspaper Butt Rolls Mixed Paper SMP #2 Brochures Coupons Magazines Tissue Boxes Office Pack OPI/SOP #37 White Ledger Paper Colored Ledger Manifold Notebook Paper Office Sort Paper Tubes Polycoated Stock Telephone Directories Tissue Paper Used Envelopes (window envelopes accepted) ContainenlMiscellaneous Items Aluminum Cans UBC Aluminum Foil Aluminum Scrap Bi-Metal Cans Brass Copper Expanded Polystyrene (EPS) Ferrous Scrap Glass Jars and Bottles (clear, amber, green) HOPE Bottles #2 (clear, natural & mixed color) LOPE Film Wrap and Bags (clear & colored) LLDPE Film Wrap and Bags (clear & colored) Metal Coat Hangers Mixed Glass Plastic Containers #3 through #7 PET Bottles #1 (clear, green, amber & blue) Polystyrene (PS) Rigid Plastic Tin Cans Catalogs Junk Mail Cereal Baxes. Colored Ledger Paper Binder Paper -5- Materials Marketin2: ( Recyclable materials recovered from the City's residential and commercial recycling program will marketed in a fashion to receive the highest sales value as well as the highest use of the material. Burrtec's marketing staff work with over forty mill buyers, brokers, and end-users that serve secondary materials markets all over the world. However, Burrtec does give preference to local and regional processors and end-users. This approach ensures the best prices, continual movement of recovered material, and support to local and regional end-users. The percentage of revenues Burrtec proposes to share with the City is included on Table I in the Cost and Pricing Data, submitted under separate cover pursuant to the requirements of this Request for Proposals. Table A below provides estimated material tonnage and location of end use, based on 1999 residential and commercial recycling tonnage. Soutbem California Domestic lUS) International TOTAL Material Tvoe 0/. ToOl % Tool 0/. Toni % Tons' ~per Fiber Cardboard 10"1. 137." 4Oo/c 550.8 50"1. 688.5 100.0"1. 1377.1 Newspaper' 40"1. 1260.1 10"1. 315.0 SO"A 1575.1 100.0"1. 3150.2 Mixed Paper 0"1. O.C 00/. 0.0 1000/0 3029.3 100.0"1. 3029.3 Office Pack 0"1. O.C 0"1. 0.0 100"1. 312.6 100.0"1. 312.6 Containers HOPE - Mixed Color SOo/. 47." 4Oo/c 38.2 10"1. 9.5 100.0"1. 95.4 HOPE - NalUral SO"1. 94. 400/. 75,6 100/. 18.9 100.0"1. 188.9 PET Oo/c 0.0 500/c 66.1 500/. 66.1 100.00;. 132.3 Mixed Plastic' 0""': 0.0 0"1. 0,( 1000/. 3.7 100.0"1. 3.7 Aluminum Cans 50"1. IH 5001c 17.l 001c 0.0 lOO.O"Ic 35.1 Tin Cans lOO"Ic 215.2 00/. 0.0 0"1. 0.0 lOO.O"Ic 215.2 ScrapMeta1 1000/0 82.2 00/. 0.0 00/. 0.0 100.0"1. 82.2 Clear Glass lOO"Ic 228.8 00/. 0.0 001c 0.0 lOO.O"Ic 228.8 Brown Glass I 00"1c 139.6 Oo/c 0.0 001c 0.0 lOO.Oo/c 139.6 GrcenGlass 001c 0.0 lOO"Ic 97.4 001c 0.0 100.00;. 97.4 Mixed Glass 001c 0.0 lOOo/c 219.1 0"1. 0.0 100.0""': 219.1 TOTAL 23.9"1. 2223.4 14.80/. 1379.826 61.3% 5703.7 100.0"1. 9306.9 Table A NoI": I. Ilutrt.. wiD upsrado ONPfl6lo ONP#8, IUbotanliolly inc:reuing ..... of mat<<ial. 1. Mixed P\ulic includes PVC, LOPE, PS, PP, and _ plulic con\Oi...... 3. 1999 rctidcotiat IIId cOllll1lOfCiaI recycling tOllllllg.. l -6- Burrtec will credit the City for recycling materials recovered based on Actual Revenues or the Published Base Price, whichever is greater, The published market indices used to, establish market prices are Waste News and Official Board Markets; both are published weekly. Please refer to the Pricing Forms for the Published Base Price and formula. Copies of the most recent published market indices are included at the end of this Section, pages 38 and 39. Hazardous Waste Recoverv: All Burrtec employees are trained to identify and immediately segregate hazardous materials from the tipping floor, All hazardous waste materials discovered during the processing of the City's recycling materials will be recovered, handled, and disposed of in a safe manner. Burrtec utilizes a contract hazardous waste company to manifest, hau~ and dispose all hazardous waste discovered. Residue Disposal: All residue generated from the processing of the City's recycling material, or an equivalent amount, will be disposed at a San Bernardino County Disposal Site as outlined by the City. Residue percentages will be estimated based on periodic waste characterizations. Variances, between monthly estimates and actual monthly residue, will be corrected the following month. Buntec will transport residue via walking floor trailers to either the Mid Valley or Colton landfills. The one-way mileage from the offeror's facilities to both primary and back-up landfills is provided below in Table B. In the event the primary and back-up landfills become unavailable, Buntec has the ability to accept all residue at either its West Valley or Robert A. Nelson transfer stations. Ifprocessing occurs outside of San Bernardino County, the methodologies to calculate and! or transport residue, described above, will be used to determine an equivalent quantity of waste to be delivered to a San Bernardino County disposal facility. Recycling Primary One-Way Back-Up Oue-Way FaciHty Landfill MDeaft Landfill MDeaft Robert A. Nelson TS Mid Vallev 10 Miles Colton SMiles West ValleyTS Mid Vallev 14 Miles Colton 1 S Miles Quality Paper Colton Fibers Mid Valley SO Miles SO Miles Table B -7. Pa<le j STATE OF CALIFORNIA SOLID WASTE FACILITY PERMIT 1. Facility/Pennil Number: 36-AA-0341 . _'IJrr.e and SIre;;! Address 01 Faci:ity: J. Name and Mailing Address of Operalo,: 4w Name and Mailing Address 01 Owner. West Valley Materials Recovel'f Facility Kaiser Steel Mill Site. Gate 8 2725 ft. East of Eliwanda Ave & approximate~ 3150 ~ nllf1h a' San Bemardino Ave.. Fonlana Burrtec Waste Induslries. Inc. 9890 Cherry Ave, Fontana. California 92335 INand Empire Resource Recovery Joint Venture: Kaiser Ventura.lnc) awn 3633 Easllnland Empire Blvd, Suile 850 O~lario, Calilomia 91764 5. Spedfications: a. Permitted Operalions: II Composting Facitity (mixed wastes) II Processing Facility 11 Composlin9 Fadiily (yard wasle) (X] Transfe" St..Uon II Landfill Disposal S~e II Transformatlion Facifity (X] Material Recovery Facility (I Other. b. Permitted HoursJOays of Operation: Disposal Activities: Waste Reduction: Buy-Back Center: Truek Maintenance: 3:00 A.M, - 6:00 P,M, Monday through Saturday 24 hours per day - Monday through Sunday 10:00 A,M. - 6:00 P.M.. Monday through Saturda, 7:00 A.M. -10:30 P.M. - Monday through Saturd.., Non-Hazardou, . General Non.Hazardous - Sludge/ Liquid Waste (see Sedlon 14) Designated I Hazaroous MAXIMUM DAILY LOADING AVERAGE DAIl V LOADING ANY WITHIN MAXIMUM DAILY LOA[)ING TOTAL 3500 2000 TonsIOay T onsIOsv c. Pennilted Tons per Operating Day: 3500 ~ .lliQ@ T onsIOay T onsIOay T onsIOay VehideslOay VehideslOay VehicleslOay Incoming vehicles with wasle andl or salvageable materla15 , Oulgoing maleriab dispos.l.nd salvaged malerials UP TOMAXtMUM TOTAL 1718 ANY WITHIN MAXIMUM TOTAL 7U ANY WITHIN MAXIMUM TOTAL 318 d. Permitted Traffsc Volume: c. Key Design Parameters Pcrmincd Arca (in acres) Total Design Capaoly Max, Elevation (Ft MSL) Max. Depth (Ft BGS) Estimated Closure Dale Total 29.2 Transformation The permit is granted to the operalOl named above. Upon a change of operator. Ihi, permil is subject to review. The attached permil Ondings and conditions are Integral parts of this permil .nd supeOledethe condilions ol.ny p<cviously Issued Solid Waste F.dliUes Pennits, Nolhlng in this permR Is prevonting tho -"lor lrom complying with any ledora( state, and local requirements and enac1ments including .11 miligallon and moni\o~ng measures developed In aceanlanee with any eel1llled en._nlal documenlliled pursuanl \0 Publlc Resources Coch (PRC) SCdion 21081,6, Nothing in these requirements shan be consuued as relieYlng ,ny operalor/owner. or designee from the ~bI''9'lion of oblainlng aI required permits, lcenses, or OthE clearances and complying with all orders. laws. regulations. or other requirements of other regulatory or enforcement agencies. Approving OffICer Signature PAMELLA V. BENNETT, DIRECTOR 7. Enforcement Agency Name 'nd Address: DiViSION OF ENVIRONMENTAL HEALTH SERVICES. LEA . COUNTY OF SAN BERNARDINO 385 NORTH ARROWHEAOAVE, SAN BERNAROINO,CA 92415.(J160 6, Approval: 8 Received by Cl't,fMB. 9. CIWMB Concurrence Oa1e 10. Pennil i..ued 0.10: Aarch 5. 1996 May 3, 1996 May 10. 1996 ,A, Nexl Permil Review Duo Dale: .",iiiW$n,'beiii:'':;;'. '1. '. . )...:t"ltNil l1B. Permil Transfer Oalo: N1A l1C, Permil Ro~ow Oale: NOYOnnber20.1998 p~ STATE OF CALIFORNIA I. Fecllil)'lPcnnlt Number: SOLID WASTE FACILITIES PERMIT 36-AA-0341 - 'lame ..d SIRet Addr<ss or F acilil)': 3. Name and Mailin& Address o(Opc.ra1Or: 4. Name..d MailinG Addr<ss of Owner: _at Valley JlatertaJa Recove,.,. FocWly Bwrtec W.ate lAdutricI, IDe. lD1ead Empire Re.ODrCO Recove,.,. Eaber Steet IIW Blto, Goto I 518510 Cberry Ave JolDt Veature: Kalaer Veatureo, IzJ.c./1WlI ~725 It. ooot of W..ado Ave . FoaulLI, CoIlfonUa 51~335 3633 Eoot IDJODd Empuo Blvd. Sulte ISO oppro_otely 3150 It. aorth of Soa Oatarlo, CalIIonUa 511764 BemardlDo Aft., P'ODUU 5. SpccifiCllions: a. Permitted Operations: II C<>mposting Facility (mixed wastes) II Processing Facility I) C<>mposting Facility (yard waste) [XI TraIUlfer Butloa II Landfill Disposal Site I I Transformation Facility 1XI Jola terlal ReCOVOI, F.cWly [ I Other: b, Pcrmitted,Hours/Days or Operation: Dlapoaal Actlvltleo: 3:00 A.M. - 6:00 P.II. 1I0adoy tbroUCb S.turd.y Waate ~duCtloD: ~4 boun per d.y - 1I0ad., thrDUCb SUIldoy Buy-Back Center: 10:00 A.IL . 6:00 P.II. . 1I0ado, throUCb Saturday Truck J4alDtcnancc: 7:00 A.M. . 10:30 P.II. . 1I0ado, throUCh Saturday c. Permitted Tons per Operating Day: MAXIMUM DAII. Y LOADING 3500 Toa./Day AVERAGE OArLY LOADING 2000 Toa./Day Noo.H8%ardous - General ANY WITHIN MAXIMUM DAII Y lOAniNG TOTAL 3500 Tons/Day Non-Hazardous - Sludge/ Uquid Waste (see Section 14) !NONEI Ton./Doy Designated/ Hazardous lNONEI Tons/Day d. Permitted Trallic Volume: UP TO MA X'MUM TOTAL 1718 Vehicl.. . Incoming vehicles with waste and/or salvageable materials OutgoiDg materials disposal and salvaged materials ANY WITHIN MAXIMUM TOTAL ANY WITHIN MAXIMUM TOTAl 764 Vehicles/Day 318 Vehicleo/Day e. Key Design Parameters Estimated Closure Dale 29.2 Acres INCLUDED NONE Trmsformadol NONE Permitted Area (in acres) Total Design Capacity TDul 29.2 Acres Dis SolII Transfer HRF Com Max. Elevation (Ft. MSL) Max. Depth (Ft. MSl.) 1'111. permtt Is granted to the operatot namlld above. Upon. change of operator, "'Is permit Is lubJect to rwIew. The .ttach.d pennlt findings .nt condlUono aro Inllgrol paris 01 this parmh and suparaedo tho condltlone 01 any provlou.1y "oued Solid W.... Fadlltlo. Pormlla. Nothing In IIlIo pormIt ~ prev.ntlnglM opegtor frvm eomplylng with .n)' fede,.l. .ta~, end local nqulRmenta .nd en.ctmlntI Indudln. .11 mltlg.tlon .nd monitoring meDuteI davolopod In aceordanco with any cor1l11od onvlronmental document fllod purau.nt ... Public Rooou.... ~ (PRC) t 21081.1. Nothing 'n -. rvqull'8mentl ...." be COnlotru.d I. nll.vlng .ny operatot/owner, or de.lgn.. from the obligation of obtalnlnt III Nqulnd pennb. lice,..... or otM clu,..ncn .nd complying with .11 orders. I.ws, regua-tlon., or Dther requlrwmenla of other "gul.tory or .nlorc....nt .g.ne.... ~~ro~ _ (t111'//hJL// ~~ , Approving Officer Signature PAMELLA V. BENNETT, DIRECTOR 7, Enforccmcnl Aseney Name IIId Adcbcss: DIVISION OF ENVIRONMeNTAL HEALTHSER~CES.LEA SAN BERNARDINO COUNlY 385 NORTH ARROWHEAD AVE. SAN BERNARDINO, CA g2415-0160 <.cceived by aWMB: Marcb S. 1996 9. CIWMB Concum:nce Dac: May 3. 1996 10. Pennit Review Due Dale: See provision" and . Avril 1. 1999 -9- II. Permit ISl..d DIlC: Mav 10. 1996 - p- Facility Permit Number. 36-AA-0341 STATE OF CALIFORNIA SOLlO WASTE FACILITIES PERMIT Facility Name: West Valley Materials Recovery Facility . Legal Description ofFoeilil)': Township 1 South, Range 6 West, Section 16 SBBM. (A portion of a parcel of record referred to 8S 231-1 on the San Bernardino County Assessor's Parcel Maps.) 13. Findings: a. TIle proposed facility was nol IdenUfied In the 1986 (Iale,l) County Solid Wa.1e Management Plan. A Countywide Integrated Waste Management Plan has not been approved by the CIWMB. The LEA certlfles (pursuant to Public Resources Coda, Section 50(00) that the Loul Task Force. during a ninety day period. had the opportunity to review and comment on the proposed facility. b. TIle submitted Report of StatJon InfonnaUon (RSI). daled January 1996. Indicates that the proposed design of the facility Is In compllan.e wtth Stale Minimum Standard, for Solid Waste Handling and Disposal as detennlned by the Loul Enforcemenl Agency (LEA). e. TIlls pennlt Is consistent with standards adopted by the CIWMB pursuant to PRC f440fO, and all applicable Resource ConseMlllon and Recavery Act (RCRA) SubUUe 0 requirements. d. A NoUce of DelennlnatJon,for the proposed project was filed wIth the State Clearinghouse (SCH No. 92052019) November 29,1893 and wtth the Clerk of the Board November 23, 1993 for the proposed facility pursuant to Public Resource. Coda, Section 21081.8. e. TIle autllorized agenl for tile local governing body, the Planning Departmo"t for the Country of San Bemanllno. has detennlned that proposed facility Is conslslenl witll and de.lgnated In the applicable general plan pursuanl to Public Resources Coda, Section !OOOO.5(a}. f. TIle autl10rlzed agent for the local governing body, the Planning Department for the Country of San Bemanllno, has made a written finding tIlalaurroundlng land use I. compatlble wltllthe proposed facility', operatJon pursuant to Public Resources Code, SectJon !OOOO.5(b). 14. Prohibitions: TIle permittee Is prohibited from accepting liquId wa.te. sludge (.ewage or other source), any other non-hazanloua wasle requiring apeclal handling. desIgnated waste, hazanlous waste, or polychlorinated biphenyl (PCB) was.... excapt for the temporary slorage of hazanlouslPCB waste InadyertenUy delivered and detected In tile hazardouslPCB waste 'creenlng/excluslon program, In acconlanc:, with aU applicable pennlls, regubUons. and statues for ouch temporary storage. The pennlttee Is additionally prol1lbltecl from accepting for disoosal: a,beslns (whetller friable or nonfriable), whole tJrea (exceDlln acconlance with 14 CCR U7355). metallic discards lexceDt In accordance with PRe fl216D lit seq.). IS. The following documents also describe andlor ttSlrictlhc opemion oflhis foellil)': IXI Report of Facility Information Am.ndmenl(s) IXI Lsond UIe Ii. Condilional Use Permit /K:CUC'9HJ079IWI~9 Revised 5195 IXI Environmental Impact Report- SCHH91051019 IXI Mitieltion Moniloring/Rcportinc Procram IXI Waste Dischlree Requirements IX1 DEliS Haurdous Wasle Permits, Handli'e Ii. GeDerator Permiu IXI CAL-DTSC (Generalor) 10. CAli It 1000141 I - 01/96 IXj PRC f50000 Certificalion by LEA 1212193 pq County Indemnification Contrlct 01194 11/93 (DEHSlBurrtec Waste IDd~ Inc.) (XI Pllnnine Department Consistency F'lIIdinC 11193 (County G.neral Plan) Compatibility Findine 11193 IXI County of San Bernardino Conslsteocy Findine 11/93 und,led (X) NPDES (Stormwaler) Permit pondinc NOIIl8-36S3033 II N/A (XI Preliminary ClosureIPosltlosun: Plaa N1A various (X) Financial Assunnce Mechanbm for Oosure, N/A Posl-Closure &. CorrcctJye ActieD 3/94 (XI Certificalc of Self.lnsunnce &. Risk Mlnacement N1A opontlne liability - 10. -- Facility penntt Number: "- STATE OF CALIFORNIA SOLID WASTE FACILITIES PERMIT 36-AA-0341 Facility Name: West Valley Materials Recovery Faci , ,", Self MonilOnng: In addition 0 self-monitoring prognms and the California EnvironmenlAl Quality Act (CEQA) miti,;J1Jon monilOring and reponing prognvn described in other documents oontrolling this f""llily, the following prognms shall be r<poctcd to the LEA and others as follow~ Proenm Repordoc Frequtll<Y ~aKY ~To TIle quantiti.. and types of hazardous wastes, medical wastes or otherwise prohibited wastes found In the waste snam plus a summary of the action(s) laken by tho operator ",garding each Incident and the final disposition 01 these malerial(s). Quarterty- LEA A summary of all complaints regarding the facility and the operator's action(s) taken to resolve justified complaints. (Note: This program summarizes and does not replace required phone/FAX notification to the lEA within 24 hours of the complaint's receipt by the facility). Quarter1v- LEA All special/unusual occurrences and the operato(s action(s) taken to correct and/or resolve each problem/situation. Ouarterty- lEA. Records of Initial/continuing saletyl haz- nat related training and stalus of safety/ .,az-mat related programs required per OSHAI RCRAI CAl-OSHAI Fire/ Other Authority . Quarteriy- LEA. The quantities of wastes received til:.b IIax.. by type, Including recyclables. The operator shall maintain these records on the premises: Ton'!..P"r day of: waste received outgoing waste recovered materials Monthlv lE.II. The quantities of wasta translerred each day by disposal sitas. Monthly - LDI. Number of vehicles per day and per week using the facility separately per category: Incoming wasta, outlloing waste, out- going recovered materials. Ouarter1y- LEA Record of receipt of a Notice of Violation from any regulatory agency. Additionally, the operator shall notify the LEA within llDll business day following I1lceipt of a Notice of Violation or upon receipt 01 notification of complaints regarding the facility which have been I1lceived by other agencies. Quarterlv- LEA I' . Reporting due by the 15th of tho month loll owing the end 01 the reporting period, or when due u epeclfled by the controlling regulatory authority.) - 11 - ......._0 P_4d' F~cility Pennlt Number: STATE OF CALIFORNIA SOLID WASTE FACILITIES PERMIT 36-AA-0341 Facility Name: West Vallev Material Recoverv Facilitv . ,. LEA Conditions: (NOTE: LEA conditions listed hen: shall be in addition r.) condilions ofothcr documents cooaollin& operllion of this &eility.] 1. This facility shall comply with all applicable State Minimum Standards for solid waste handling and disposal. 2. This facility shall comply with all Federal, State and local requirements and enacbnents. 3. This facility shall comply with all mitigation measures generated with the Environmental Impact Report filed pursuant to Public Resources Code, Secfjon 21081.6. 4. The operator shall maintain copies of all Inspection reports and pennits issued by this and other regulatory agencies at this facility. These documents shall be made availabl. to authorized repres.ntativ.s of all regulatory agencl.s and to facility personnel during nonnal business hours. 5. Additional information the LEA or any other regulatory agency deems necessary to pennit andlor monitor this facility shall,. . . be furnished by the operator. 6. This facility is pennitted to receive the following non-ha.zardo)us solid wastes: mixed residential, comm.rcla! and Industrial waste; source separated and commingled recyclables; yard and construction/demolition waste. 7. No composting shall occur at this facility. Green waste must be removed prior to active decomposll!~n. Green waste shall not remain on-site for more than 48 hours. B- All recovered recyclable material shall be removed from the premises on a weekly basis. All material shall be stored In the approved storage area in covered bins. All combustible recyclable materials shall be stored in metal contaln.rs. '1_ Stored recyclable material shall not interfere with station operations nor caus. a public health nulsanc.. The LEA res.rves the right to reduce the maximum storage time of recyclables as necessary if they are determin.d to be a ....alth hazard, nuisance, or they hinderl interfere with operations. 10. Solid waste shall not remain on-site for more than 24 hours. (CUP Condition #215) 11. Th. facility shall be cleaned of accumulated litter on a daily basis. Litter shall be collected mo,,; frequ.ntiy as n.cessary to prevent it from migrating off-site. 12. To comply with Title 14, Section 17497 (Personnel Health and Safety), the operator shall ensure tnat all personn.1 assigned to waste handling/processing duties have and utilize (when and where appropriate) the following .qulpment dust or particle masks, hearing protection devices, safety glasses/goggles, safety vests, heavy work gloves, heavy work boots (steel shanks and toes recommended), and hard hats. Where applicable, this equipment shall m.et all State and Federal safety standards. 13. The operator shall comply with all applicable laws and regulations pertaining to employee health and safety. The operator shall maintain a written Injury and Illness Prevention PA)gram Plan. The plan shall be made readily avallalll. to employees, the LEA and other regulatory agencies. 14. The operator shall conduct a daily waste load checking pr"'9ram, approved by the Enfon:em.nt Agency, to.prevemtand discourage disposal of hazardous wastes at this station. The program shall consist of the following activlti.s: . Regular visual inspections of all incoming loads. . The refuse shall be spread out and visually Inspected for evidence of prohibited wastes. Any hazardous materials found shall be set aside in a secure area to await proper disposition following notification of the producer (if known) and the appropriate governmental agencies. . The working noor shall be under continual visual inspection by station personnel for evldenc. of hazardous materials. Any hazardous or prohibited materials found shall be handled as described In (3) .bov'.. . Station personnel perfonnlng load check duties shall be adequately trained. The tralninll shalllnclud. recognition of hazardous wastes proper handling ami containment procedure., and the reporting requlremernls of the program. Station personnel shall be retrained annually and updated as necessary. N.w employ..' -"all be train.d prior to assignment to a work station. This t:ralning program shall be approved by the Enforcem.nt Agency. - 12- ...... N~_", .- r ~cllity Permit Number: STATE OF CALIFORNIA SOLID WASTE FACILITIES PERMIT 36-AA-0341 Facility Name: West Vallev Matp.rial Recoverv Fa( - . LEA Conditions (continued): 15. The operator shall maintain a log of complaints concerning the facility. Copies of any written complaints regarding the facility shall be mailed and/or FAXed to the LEA within twenty-four hours of receipl The complaint log shall be made svallable upon request. 16. The operator shall maintain a log of special occurrences at the facllity_ This log shall be available for review by the LEA and facility personnel during normal office hours. At a minimum, the following Items shall be recorded In the facllity'a special' occurrences log: . weather conditions that adversely impact facility operations . fires . explosions . property damage ,. accidents andlor injuries . any incidents involving hazardous waste or prohibited wasllt . any condition or incident that forces the facility to close . visits by regulatory agencies (names, agency, mailing address and phone number) 17. Each log entry shall be accompanied by a summary of any action(s) taken by the operator to manage andlor mitigate the special occurrence. Concurrent to entry, the LEA is to be notified at once by phone andlor by FAX ahould any of ."e above listed events occur. 18. The operator shall maintain at the MRF, accurate daily records of the tonnage and number of vehicles per following category: incoming waste, outgoing waste, out-going recovered materials. Records shall be readily accessible to the LEA/other regulatory agency personnel. The operator shall comply with all applicable laws pertaining to employee health and safety. The operator shall malnta... a written safety plan. All facility personnel shall be familiar with said plan and the plan shall be maintained on..lte and available for review during 'normal business hours. 20. The operator shall not operate this facility without first passing a preliminary facility Inspection conducted by the LEA. To pass this inspection, the LEA will require the operator to demonstrate that all prerequisite requirements to facility start up are complete. These prerequisites include the following: . completion of the conditions of approval due prior to occupancy as Indicated in the Conditional Use PermiIJ Mitigation, Monitoring and Compliance Program (MMCP) . completion of the training of facility personnel presented in this permit and Its condltionlllg doc:uments . demonstration that the facility is capable of the operations described In the RSI . demonstration that the facility complies with the conditions of this permit 21. This SWF Permit is subject to review by the LEA and may be suspended, revoked or modified st any time for sufficient cause. 22. The LEA reserves the right to suspend and/or modify waste and/or material recovery operations at this facility when deemed necessary due to any emergency, potential health hazard, andlor public nuisance. 23. The operator shall provide adequate means of maintaining the tipping 1100r In a clean condition. The LEA reserves the right to require the operator to provide additional measure(s) of cleaning the tipping floor If the proposed method or cleaning schedule proves inadequate or ineffective in removing grease, oil, and other residues. 24. The LEA reserves the right to require the operator to provide more stringent dust control and ventilation measure., If the method andlor system proves inadequate. The operator shall, prior to operating, provide copies of all required documents and all applicable permits/documenta, a. Indicated in Section 15 of this permit, prior to operating. The operator .hall obtain approval from the LEA prior to operating. - 13- ...... .....~ -. P- hn Facility Parmlt Number: STATE OF CALIFORNIA SOLID WASTE FACILITIES PERMIT 36-AA-0341 Faciljty Name: West Vallev Material Recoverv Facllitv I I. LEA Conditions (continued): 26. The operator shall obtain approval from EHS Waste Water Section for sewage and waste water disposal or approval from the s.wering entity prior to building plan approval. 27. The operator shall provide wash down capability in the material recovery area and of the tipping noor. Th. operator .hall supply. set of plumbing plans detailing tho location of the interior hose bibs, noor drain., sumps, .11:. Plan. .hall be approved by the LEA prior to building plan approval. 28. The operator shall supply plans detailing the misting system prior to building plan approval. 29. The water source shall be approved by the EHS. Test results indicating that the source meets quality and quantity standards shall be submitted to the EHS Water Section for review and approval prior to building pennit Issuanc.. 30. The operator shall provide a copy of all agreements and/or pennits prior to establishing the BOP program. 31. The operator shall, prior to operating, supply a clearance letter from the fire protection authority Indicating that the facility conforms with all applicable fire standards. 32. The operator shall install and maintain a sign at the entrance indicating that no hazardous or lIould wastes are acceDted and that all vehicles enterina the facility must be fully larDed. 33. this material recovery facility shall recover for reuse or recycling at least 15% of the total volume of material received by the facility pursuant to PRe 50000(a)(4). This permit will be reviewed three (3) months after the beginning of operation of this facility and may be revised or modified as needed. 35. The operator shall supply a cleaning schedule for all areas of this facility including all .qulpment prior to receiving approval to operate. The schedule must be satisfactory to the LEA. Within 90 days of comm.nclng operation, the operator and the LEA shall review the cleaning schedule of all areas of the facility Including all .qulpment, and revl.s the schedule as needed. The operator must review and revise the cleaning scheduie In cooperation with the LEA. 36. The operator shall notify the LEA, in writing, at least 150 days in advance of propos.d significant changes (as detennln.d by the LEA) in the design/operation of this facility to allow for early consultation, completion of all required envlronm.ntal documents and their due process review/filing and the obtaining of all other requlr.d documents/required proce..... 31. This facility has a permitted capacity of 3,500 tons per operating day, .. specified in Sectlon 5e. (Speclficatlon.) of thi. permit, and shall not receive more than this amount without a revision/modificatlon of thl. pennlt [END OF DOCUMEN1] - 14- - - -...- Certification is Non-Transferable Certified Processor Certificate issued to: Contact Person: Organization: Facility/DBA: Eric D Herbert West Valley MRF LLC West Valley MRF 13373 Napa 8t Fontana CA 92335 For Collection Of: Aluminum Glass Plastic ,;",: ~ . Bimetal Issued by: .~~ AssiSianioiiec;o,.._n- --- - ---- Division oJ Recycling Certification Number: PR0312 Expiratiol1 Date: 1/31/01 Date Issued: 02/18/00 " - 15 - -. .r " - , Certification:~is Non-Transferable . . '. Certificate issued to: Certified Recycling Center'. Contact Person: Organization: FacilitylDBA: Eric Herbert West Valley MRF LLC West Valley MRF 13373 Napa St Fontana CA 92335 ; ".... ....., . ."},, - Fot'Collection Of: Ahlbtmum GI~W" - ,'-', -, - Plaiti~"'I<> .- Bbp~t31...~' " ' RefillllbJe - - - t and Beer, ()~erBe\I. ,'ge Co~tahiers . - ..... ..~. '.. . . . Issuedliy: AssistJnlOi_ Diyfsion of fle&)f;iilq ~~ ..:'..... . . c. ,_', - Certification N~J>er: Rei,st- Expifl\tion Dat~:;':;,' 9i3012002 - Date ISsued: - '--09/04/98" -, " . " . ." - .,_.__.._-~.- .._._----- -_. '----",-,.-" '-'---'-'" . ".-- - . . ... -..------ Certification is Non-Transferable Certified Dropoff or Collection Program Certificate issued to: Contact Person: Organization: Facility/DBA: Cole Burr Burrtec Waste Industries Inc Burrtec Commercial Recycling 9890 Cherry Ave Fontana CA 92335 - Issued by: ~i~ 0!,ectOf.. ~~ Certification Number: Expiration Date: - 16 - Issue Date: CP0611 3/3112001 03/26/99 lf~ w I- Z w :i I- a:~ <z a.= w~ O::J w(1 ~i ~~ ~ffi Om u~ 01/) z... -0 ~~ tis w ID Z ~ e .... mo :l!o ii:''4 ?;l::: ...,., 5!..... a:", ~o m ~ , .. 1 a: ill .J G. ,., 01. 1"1 q; 'II .., E ... 01 'II III 01 >- ,Cl: III IIICl:U'" ~ 11.' 0 .J Cl: .. <II 4:Z4:Ol :;) -01: MCl:1 ...,..... In "':iII'" III M U III ~ ~ 1I.111 U .J .J III III II. 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Jl: 1&..13,.llIIQ, ~ :'~~ ltl .~ ~ c ~ '!l hit I III '" a. . 0 <<.. . a. ..! C ",1IIl l= to '" <<ZcCllI .' .... ::0 Z I'ICI ..."'... IIlPlz.... aul'lgUl 31"1&.1&1 ii ~ 1 - 18- o o . >0 .. . <It o ~ w W u. z 0 I ... w g; n w a: Ii: ell I W ~ 0(Q. z'" -::> 1-0 m::> 1/1 ~~ oJ Go m z c 8 au Ill: lIIl Z ...J ~ Ii! Q. Q. 0( ~ Q. ;;! I- o . ';" ,." z '", W u -8 ...! I- '" ,~ ,I&. . ~ .~_'i,.' . . '" : (1ft;. .' , Ul ..,R... ':i~~',:: : :,III'~~ ,,' I.; '\I '.1.1: :ar:, ;JI~~. i ..,.. "" ~. <</II Z 11I1'1 Q 1:1.. I&. ; 1 ,?,~~.t: : I:' :\.;: ~,' .::~~~~ '. : ... . .,. '..:j,~.1 . _ :. ,';~;,"".":,~.' " ....~ -',\ ,,' . ; ";::~.~ -4 ~", \'l..;~~~;~;J .". . '~j~. . . , ". Open tor's Inltlals ~ ",.<;;J.;:,~f:' 0, ", '. :', ~ ':;,.,~:;,::"'Dcpartment of Toxic Substances Control, ~. l.'. -'.. a'.:"-:-." .,.II. . . . '; :~'; HaiiidO\iS Waste Management Program :o''''j''''~--'Infi . S . co--: " ''', :,.,.........eratoI ormation ervlCe5 ......uon , . "'.; .',.derq;til)J1C: (916) 324-1781 .. ','~ ..,>!' ....oJ..... , .. "".'IICalifomi& Only Ton-free Number: , '.'. ..l,',~" '", : .i,..;(~~ ,'::. . ~ .... <~.~~. '. k- . ;.' r"'~~~ _' _ _', .!-.-' . PLANNING DEPARTMENT ~ ....._~,.. __'ltlr-_ ...:pt."'" i:". tU".;UOI..o . ~. ..~~. ..... '. ~ '';~~ . COUNTY OF SAN 8ER , PU8UC WORKS Gf .... . . .....,. . .,' . ..."... ..' 0)'. ... 385 North Arrowhlld A.lnul ' San 8ornardino. CA 92415.0182 ' 19091387.4131 FOI No. 19091 387.3223 VALERY PILMEF O1l1ctor of Pt.nnll May 24, 1995 Kaiser Resources IncJBumec Waste Industries, Inc. 3633 East Inland Empire Blvd., Suite 850 Ontario, CA 91764 .: \" - 6 .... ~ Expiration Date: December 3,1996 RE: REVISED CONDITIONAL USE PER..\1IT TO ESTABLISH A MA TERlAL RECOVERY FACILITY AND A SOLID WASTE TRANSFER FACILITY ON 30 ACRES; CCUC/91-0079/W134-89; APN: 231-011-07 (PTN) Gentlemen: Your Conditional Use Permit has received conditional approval, subject to your compliance with the conditions listed on the attached pages. The conditions of approval are grouped by project phase (1-9) and within each phase, listed chronologically under various responsible agencies. Prior to use or occupancy of each phase, all the conditions for that phase must be satisfied. To assist you in obtaining pennits, we are enclosing a set of condition compliance release forms for phase 1. Before grading pennits, building permits or use can be granted for a particular phase, a release from each agency must be obtained. After all the necessary signatures have been secured for a specific permit, return the condition compliance release from to the Planning Department. When applying for building permits, 3 sets of the conditionally approved site planS must be submitted concurrently v.ith the release form. Additional condition compliance release forms shall be provided at the completion of each phase. In accordance with the state law, you must file a Mitigation Monitoring application with the Policy, Environmental and Geographies System Division of the Planning Department. This application establishes a monitoring and compliance program for those conditions 'of approval that have been imposed to mitigate environmental effects. The mitigation measures reflected in the original approval (conditions 158 - 218) remain in effect with the exception of conditions 190 _ 204. The deleted measures reflect mitigation for the project as previously designed and therefore are no longer required. This program must be in place prior to issuance of a grading permit. - 20- .....rd I "o'."! . Revisions to approved projects retain the expiration date as set by the original approvalf Therefore, the expiration date of this revised conditionalllSe permit remains December 3,-1996. All the requirements specified on the attached sheets shall be met prior to this date or the , conditional approval is void. One extension of time, not to exceed thirty-six (36) months, may be granted upon written application and payment of the required fee to the County planning Department not less than thirty (30) days prior to the date of expiration. PLEASE NOTE: This will be the only notice given for the above specified expiration date. The applicant is resP<lnsible for initiating extension requests. Any interested person may, within ten (10) days of the date of this notice, appeal in writing to the Planning Commission for consideration thereof. The appeal mllSt be made in writing on forms available from this office. If we may be of further assistance, please contact this office at (909) 387-4165. Sincerely, MAC COLEMAN, Senior Associate Planner Second Supervisorial District Planning ATCHS: 1. 2. 3. 4. Revised Conditions of Approval Condition Compliance Release Forms Approved Site Plan Revised Project Description cc: CM Engineering, Inc. Development Coordination Division (2) Transportation DepartInent - Traffic Division Fire Agency Department of Environmental Health Services Building & Safety DepartInent File - 21 - SAN BERNARDINO COUNTY DEPARTMENT OF WEIGHTS AND MEASURES CERTIFICATE OF REGISTRA nON/PERMIT . POST IN ~UBLlC VIEW. ISSUED TO: WEST V ALLEY M R F LOCATION: 13373 NAPA ST FONTANA, CA 92335 EXPIRES: 07/0112001 PERMIT #: 05559 MAILING ADDRESS WEST V ALLEY M R F ATIN: CHRlSSY SOUTH 13373 NAPA ST FONTANA, CA 92335 ....: EDOUARD P. LAYAYE SEALER OF WEIGHTS AND MEASURES nns RECEIPT MUST BE DISPLAYED IN PLACE OF BUSINESS CITY OF REDIANDS BUSINESS TAX CER11FICATE ...~~ ~ . 1> f I ~,: ~~. C..fLIFOR""l'- Classification RECYCLING-PICK UP Loc:uion VEHICLE Businc:ssTaxNumbcr 142015 Expin:son 12-31-00 BURRTEC WASTE INDUSTRIES INC 9890 CHERRY AVE FONTANA CA 92335 01-26-00 This n:cdpt does nnI purpon to be rvIdeoce 01 qwaUBatlOfIf. nor docs it IUdwrtzt or prohibit lUI)1hlfll III conMClion wftb dle COflIIIKI 01. lawful busbJr55 or occupaUon In a bMul manner, nor does Jl rquJlle !he a<.1iwtlies in . Bdd l'!Iulaled by die SIlk of CaUfomla. - 22- "I SOLID WASTE FACILITY PERMIT 33-AA-0258 "'. 2. Name and Street Address of Facility Robert A. Nelson Tr:msf..:r Slillion and M:ucrials Recovery Facility 1830 Agua Mans:!. Road Riverside. CA 92509 5. Specifications: a. Permined Operations 3. Name and Mailing Address 01 Cperater . Agu::l :o.fans.3. ~iRF. U:C .-- cia Burnee Waste Industries. Inc. 9890ChcI1)' Avenue Fonlana. CA 91335 o Composting Facility (mixed wastes) o Composting Facility (yard waste) o Landfill Disposal Site eEl Material Recovery Facility b, Permitted Hours of Oper~lion: OHices Monday through Friday Scalehouse Monday through Sunday Transfer Station Receipt 01 Waste Loading 8:00 a,m, - 5:00 p,m, 7:00 a.m, - 6:00 p,m, 7:00 a,m, - 6:00 p,m, 24 hours a day Monday through Sunday Monday through Sunday c. Permitted Tons per Operating Day: Non.Hazardous - General Non-Hazardous. Separated or commingled recyclables 2,100 Tons/Day 600 Tons/Day Total 2,700 Tons/Day d. Permitted Traffic VOlume: .,. " 1. Facility/Permit Number 4~ Name,and Ma:ling Address at Owner. 'Riverside: Counfy W:!.sle Resources M;lt\:!.gcmenl Distncl 1995 ~blkel Slrcet Riverside. CA 92501 o Processing Facility lEI Transfer Station o Transformation Facility o OIMr: , ,462 VehicleslDay 120 Vehicles/Day Tolal 1,582 Vehicles/Day e. Key Design Parameters (Detailed parameters are shown on site plans bearing LEA and CIWMB validations): Non-Hazardous. General Non-Hazardous - Separated or commingled recyclables DiS osal Oa c tt " Permitted Area (in acres) Design Capacity Maximum Elevation (Ft. MSL) Maximum Depth (Ft. SSG) EstiJl1ated Closure Date This permit is granted solely to the operator named above. and is not transferable. Upon a change of operalor, this permit is no longer valid. Further, upon a significant change in design or operation from that described herein, this permit is subject to revocation or suspension. The attached permit findings and conditions are integral parts at this permit and supersede the conditions of any previously issued solid waste facility permits. 6. Approval: 8. Received by CIWMB: October 14,1997 10. Permit Review Due Date: November 25, 2002 ~-:. '. .', ..' ~ .....-.' 12. Legal Description of Facility (attach map With RR): Section 2 of Township 2 Soulh. Range S West; 117. 22' S I" L::ltitude and 54- 02' IS. Longilude - 23 r , 7, Enforcement Agency Name and Address: Local Solid Wasle Management Enrorcement Agency for Riverside County 4080 Lemon Street, 90. Floor P,O. Box 1280 Riverside, CA 92502.1280 9. CIWM8 Concurrence Date: November 19,1997 11. Permit Issued Date: November 25, 1997 Page"! of 4 " 1. FacilitylPermit Number 33-AA-0258 . I ') SOLID WASTE FACILITY PERMIT 13. Findings: ..... -- a. This permil is consistent wilh the Nondisposal Facility Element (approved on May 23, 1995 and amended on iune 25, 1997). b, This permit is consistenl with the County Solid Waste Managemenl Plan, Public Resources Code, See lion 50000(a)(4). c, This pennit is consislent with standards adopted by lhe California Integrated Waste Management Board (CIWMB), Public Resources Code, Section 440 I O. d, The proposed desjgn and operation of the facility is in compliance wilh lhe Slate Minitnum Standards for Solid Waste Handling and Di"'osal as delermined by the LEA. e. An Environmental Impact Report is filed with the Slate Clearinghouse (SCH#92022041) pursuant to Public Resources Code, Section 21081.6. f. Riverside County Waste Resources Management District Planning Seclion has made a wrilten determination that the facility is consistent with, and designated in. the Riverside County general plan, Public Resources Code, Section 50000.5 (a). g. The Riverside County Department of Planning has made a wrillen finding that surrounding land use is compatible with the facilily opera lion, as required in Public Resources Code, Section 50000.5 (a). 14. Prohibitions: ~ The permittee is prohibited from accepting the following items: . Medical waste . Hazardous waste . Radiological waste . Liquid waSle . Dead animals . Designated waste . Explosives . Burning Wastes . SCW;H!C sludl!c . Liouid waste sludl!c . Non-hazardous waste rcauirinl! spccial handline 15, The following documents also describe andlor restrict the operation of this facility: Date 10/97 I&l Report of Station Information I&l Contract Agreements - operator and contract o Waste Discharge Requirements Date 7/24/97 , o Land Use Permits and Conditional Use Permits o Air Pollution Permits and Variances I&l EIR 1/20/94 o Local & County Ordinances o Final Closure & Post Closure Maintenance Plan o Amendments to RFI I&l Lease and Contract Agreements - owner and operator o Preliminary ClosurelPost Closure Plan o Closure Financial Responsibility Document 16. LEA Conditions: a. This facility shall comply with all federal, state and local requirements and enactments, which are enforced by the appropriate aUlhorized agencies. including all mitigation measures given in any certified environmental document filed pursuant to Public Resources Code, Section 21'08 \.6. b. This facility shall comply with all applicable Stat~ Minimum Standards for Solid Waste Handling and Disposal. c. The operator shall make copies of all inspection reports and permits issued by this and olher regulatory agencies available for review by sile personnel and authorized representatives of all responsible agencies during normal office hours. 3/11/97 o Operating Liability o Other (list): d. Solid Wastes shall not remain on site for more than 48 hours. -) ~ . - 24- Page 2 of 4 , . 1. Facility/Permit Number 33-AA-0258 I ') SOLID WASTE FACILITY PERMIT 16. LEA Conditions (continued): e, The facililY is permilled to receive the following non-hazardous solid wastes: Mixed municipal solid wastes and mixed residential, commercial. co-mingled and source-separated curbside recyclables. Source separated green malerial may be received for transfer 10 an approved green malerial processing facilily or permilled composling facility. f. The operalor shall implemenl praetices to exclude hazardous waste malerials and olqer prohibited wastes from the facility (RSI. Appendix B), . g, The operator shall maintain a log of speeial occurrences al the facility. This log shall be available for review by LEA and facility personnel during normal office hours. Al a minimum, lhe following items shall be reeorded in the facility's special oecurrences log: I) Weather conditions that adversely impact operations 2) Fires 3) Explosions 4) Any condition or incident thai forces the facililY to close 5) Any incidents invlllving hazardous waste or prohibited wasles 6) Accidents aodloe injuries 7) Visits by regulatory agencies (name, agency. mailing address and telephone number) h, The operalor shall have maintenance erews collect liller and sweep building enlrances and exits on a daily basis, Liller near Ihe project shall be collected at leasl twice a week or more frequently as determined by Ihe LEA. I. The following environmental measuremenlS and self-monitoring reports shall be reporled to the LEA on a quarterly basis: . numbers and Iypes of vehicles utilizing the facilily eaeh day (i,e.. collection vehicle, transfer truek and public passenger cars) . quantities and types of wastes received each day . quantities and types of wastes sent to disposal sile(s) each day . quanlities and types of recyclables recovcred each day A responsible officer or representative of the permillee shall allest to the accuracy of the report. and sign to that effecl. The report shall be sub milled 10 the LEA in accordance with Ihe following schedule: REPORTING PERIOD January through Mareh Aprillhrough June July through September October through December REPORT DUE May I August I November 1 February I j. Stored recyclables shall neither interfere wilh facility operations nor cause a public health hazard or nuisance. Stored reeyclables may remain on site for no more than I month, unless otherwise approved by Ihe LEA. The LEA reserves Ihe authority to reduce Ihe maximum st~rage time of reeyclables as necessary to protect public health and minimize odors, nies, rodents or other nuisance condilions. k. Non-salvageable materials shall remain on-site no longer than 48 hours. The LEA reserves Ihe authority to increase waste removal frequencies to protect public health or prevent a nuisance caused by odors, nies, rodents or other veelors, or to prevenl the risk of fire or other hazards. ~) - 25- Page 3 of 4 , . . I .~ :~.J .; 1. Facility/Permil Nurnber 33-AA-0258 SOLID WASTE FACILITY PERMIT ... -- ( 16. LEA Conditions (continued): I. The LEA reserves lhe authority to suspend or modify waste-receiving operations when deemed necessary due to an emergency, a potential public health hazard or the creation of a public nuisance. m. This permit is subject to review by the LEA, and may be suspended, revoked or modified at any lime for sufficicnt cause. n, The operator shall notify the LEA, in wriling. of any proposed changes in facility operations or design during the planning stage., In no case shall the operator implement any change without first su~mitting a written notice of lhe proposed chan~e 10 lhe LEA 150 days prior 10 the dale the change is to occurlbegin. Should the LEA find a change to significantly deviate from the terms and conditions of this permit, the operator must oblain a revision to this permit ' before affecting the proposed change. 0, All boxes, bins, pilS, lipping floors or olher waste conlainers shall be cleaned on a weekly basis to prevenlthe occurrence of threats to the public health or nuisance caused by odors or veclors. p, Incoming waste hauling vehicles and exiling transfer lrucks carrying solid wastes shall have covered loads to prevent litter from blowing oul while in transit. q. Adequale off-street parking facilities for tra~sfer vehicles shall be provided. Uncleaned transfer vehicles emitting odors or discharging wastes shall not be parked on public streets except during emergency conditions. ~ r. The facility operator shall provide an up-to-date list of firms or agencies. which can supply needed, adequate equipment units within a reasonable period. s. All wastes will be processed indoors to pre"ent exposure to surface water flows or rainwater. Prior to commencing operation of this facility. the operator shall have complied with all Agency requirements. including. but nOllimilcd 10 Riverside County Ffrc Department. Dcpnrtmcnt of Building and Safety. Rubidoux Community Services District, Federal Clean Water Act, California Department ofTuxie Substances, California Water Resuurces Board and Soulh Coast Air Qualily Management Distriel, The emission of odors shall be minimized with fans, barriers or other means deemed necessary by the LEA 10 prevent a threat to public health or a public nuisance. Visual impacts shall be minimized by screening or other measures. Accumulations of spare parts, drums, inoperable equipmenl, tires, white goods and scrap shall be minimized. w. The facilily operator shall provide the LEA with a current list of names, addresses and telephone numbers of lhe operator, station manager and supervisor. t. u. I v. x. A sign shall be posled at an appropriate point indicating the schedule of charges. hours of operation and a list of lhe generallypes of materials, which (I) will be accepted and (2) will not be accepted. y. The facility shall have an attendant on duty during hours of operation to visually monitor operations, 10 prevent problems of health, fire or safety significance. z. The operalor shall provide a misting .system or other approved mitigalion measures to control dust. aa. Source separated green malerial shall not be stored at tbC facility for longer than 48 hours, , " ..26 - Page 4 of 4 , -; PERMIT CONDITIONS III ord<'l' to lIIilil1laill the operating perlllit, the perlllit holtlel' lIIt/st cOlllplv Il'ith the .I"'lml'ing: ,", Hazardous Materials Business Plan Program; California H~alth and Saf~ty Code ICHSC) Division 20. Chaptt:r 6.95. AI1ick I and Titk 19 California Codt: of Rt:gulations ICCR). h. Risk Management and Prevention Planning; CHSC Division 20. Chapter 6.95. Anicle 2 and Titk 19. CCR. c, Underground Tank Program; CHSC Division 20. Chapt~r 6.7. Chaph:r 6,75 amI Titl~ 23 CCR Chapter 16. 1. In the cv~nl of a spill. leak. or \Hhcr unallthllril.cd rckasc. the pCI"IlIillCC 11111:-" l.:'ol11ply with the fL'quirclllcllts of ("CR. Chaph:r 16. Article 5. ..\dtlilinni.llly. the pcrmittL'l: must comply with a rcka:-.c respollse plan i.lppron..'d h~ this tlfliL:c. The pcnhittcc IlIl1st l:olllply with the ;'Ipprovcd routine monitoring proccdurl' n:fcrcllccd in Ihis pc.~nnil. The pcnniltet.:' mllst nOlify the DCpal11t1clH within thirty (30, days after an)' ch.lI1gcs in the usage of any UST induding: a} The storage or new hazardous SUhsl.IIH..'CS; hI Changes in monitoring prol:cdurc: c.:) Change nf llwl1er/opcnttor. The f)ep.u1ment may review. I1hKlify. ~)r tcnnil1ate the Permit Tn Operalc upon recciving Ilotili....ation of Ihe ahove changcs. Thl...' pl...'f1llittec must perform yeurly maintcn;'lIh.:e testing of all leuk dctel"tiol1 e4uipmelH. and provide documcntation of such testing to this office. The permittee must ohl;'lin upprovul from this Dcpm1mcIll and Inca) Fire and Building iHllhoritics prior It! modirying any UST systcm. \VrittclI re(urds or all monilofing pcrforl11t..'d shall he maint;'lincd OIl-SiIC hy Ihe opcmtor OlItd he i.lv<lil;ahlc ror inspec.:tioll for i.I period of at least Ihree years from the !.Jatc the munitoring was pcrflmned. The permittee must suomit annual permit fees. The pcnniucc must suhmit an ;.lImuill repon documenting compliance with the aoove conditions within thirty (30) <lays uf the anniversary uf the permil issuance <laIC, radlilies will he inspecle<l Jleriodically for colt1fllhmec wilh tht.: ;'lhove (ondilimts. Plt.:asc he advised that any violation of the ahoyc c.:ondilions may he CilUSC for rcvoc:.uion of the permit to operate. .'. ~. 5. (" 7, X. d, Aboveground Petroleum Storage Act Spill Prevention Control and Counter Measure (SPCC) Plans; Division 20. Chapter 6.67 and 40 CFR 112. ~. Hazardous Waste Generator Program: CHSC Division 20. Chapter 6,5. Anides 1-13. Section 25100 et. S~4.. and Title 22 CCR Division 4.5. Chapters 10. II. 12, 31. f, Tiered Permit On-Site Hazardous Waste Treatment: CHSC Division 20. Chapter 6.5, Anicle 9. and Title 22 CCR Chapter 20. . g. California Fire Code; CHSC Division 13. Chapter 4. Part 2,5. commencing with Section I H935 and Part 9. Tille 24 CCR Section HO.103, - 27- , , COUNTY OF RIVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTI , Certified Unified Program Agency HAZARDOUS MATERIALS MANAGEMENT PERMIT NON-TRANSFERABLE Name: Cole Burr DBA: Burrtec Waste Industries, Inc. Mailing Address: 9890 Cherry Ave City and State: Fontana, CA 92335 EPA ID#: CAL000162179 Facility Number: 87675 Expiration Date: 5/28/01 Area: 1 District: 1 Type of Business: Hazardous Materials Facility Facility Location: 1830 Agua Mansa Rd City:" Riverside Hazardous Waste Generator -- County Ordinance No. 615 Hazardous Materials Disclosure -- County Ordinance No. 651 Tuesday, May 16, 2000 Date Issued ~~~ Gary L. oot, Dir tor Department of Environmental Health This p,ermit is granted for the business indicated on the condition that the business will comply with the laws, ordinances, and regulations that are now or may hereafter be in force by the United States Government. the State of California and the County of Riverside pertaining to the above mentioned business. This permit serves as a receipt for payment of fees for the above-listed programs. This permit must be renewed on the Expiration Date indicated above. This permit may be suspended or revoked for cause. Inspection of this business may be conducted by a duly authorized representative of the Department of Environmental Health. Western County Office 4065 County Circle Dr. Riverside, CA 92503 (909) 358-5055 Desert County Office 47-923 Oasis Street E4 Indio, CA 92201 (760) 863-8976 South County Office 1370 South State St San Jacinto. CA 92583 (909) 791-2200 - 28- , s... Q) ..... c Q) ~ 0 ..c i:! en '" ,~ c s::: <:I .- ~ - , (J s::: ~ ~ ,~ s::: Q) ,~ ~ - <:I u ~ "'C - ... ~ Q) .- 'I- .- ~ Q) 0 -:~9 - .... o c: o 'il s c: .2 .. 01 .. {/'.l .. ~ U.. C'\ ,.JC:"CICl ,.Jf~:!l ~~0lC'\ . c:" i: j:;< JOl"~U ....Z ..c: OlM =~< &'0= ~ _.t<.g' .... u=... .~ &'o.gf'l~ f;I;l<~~~ 'c~ . ..\~..., i:i " gi:i< ~'1iOI!l " .. u. os .- .. - c:: CD'u. .O.l:' os .UO~ -J;..~ s ooCloo Cl~~ 00_\0 t'-~_ UCl~ ~-- i.: 1l ~ U Z'iU s:: 0 .. ",.s~ s::.] ..t"ii- 0 ::s , u .- fI) r+=e~ "€'o. 8 t$~Cl ~ ~ I~. ~ I' .a- II ~ :'1], ~ 1il '.1 , ( -0 a:: III '" C III !:F€~ :2 ~ C)~ III ., N UJa::~leO ::J o.oZV):J: 0>" ~~~~~ <{ .~ ZZww> 0., -wQ.a:l.J M> <0'- g~~i5 ~a:: ;; ~ .. . ~~;~~ ~ ~ is -cnCl::wo t' ~zu.Q.~ wQO!ao Z i 0 a:1-~J:~ 0 0 o:5zl-li; . 0 ~g5~8 1= N i=~OOW G ~ ~O~~ID 0 M O~...Z~ ..I '" ~ ~"~~2 .... .., !:: ., U .0 <ol U~~a:l '0 c' E :0 u :c ClI.c: <( ~i~~i ..,::: ., Cl:: ., <( CO '0 ~ ..J ffi~~~i > ClI ., .... ~ ~:t 0 rJJ 0.0 OVl ., U_ :I: ::> ~~~~~ (;; 'f CO ,.. '0 1-5OFu. C . ~ ...l III C <( ::> ~ J!!~O ~ '" ClI S -w<CEz '" l- V) e <ol S~:;;t1a .il! Z.c. .c C :x: ... ~~~~M . .=z C.!!! U') - ...l '" " " Z u~ , :;j!: "'0-.0 M .. <( ~~~~~~ ClI ._ 0 ~Wl-WZ.J :x: i; I- 'u ...O~!-:~ Z z~i Wz ClI'-l <ol -.: o :t;w.Jo ., ZOO " ~<( "0,- ~ Z O~;ID~j! o;c(a::lij~u . ';: C> Z - 3~8~i!l~ ro w cv. . .... ~I-U.".c.lll ~. C '0 !ii OilmOu.~ - a:: 00 o>u c ' ClI Cl:: :~~I~I UWZnJol!! ii e > 0 ECD~~m5 ... - ..... " :. z w=:o~\LW ~~I-(!)"'U. <ol 3;ww au. . C~ ~Q.I-lll:I-O mOzl-zoc: ;Q ww::>cnwe . :t:cn~:J:&o ~ " I-~ ~~:! U i!l~~i!li5 ~~~ 0 ~ ~w w ~w~Q.ffij!: .. .;; z~-< ;: I- ~:~i~~ 0;"1;; '~ -.: ,,~~.;~ ~~~ I Q z !!!w=:50j! ~~.o( 0 ~~~~~~ ... . ~ :.i:; ,; ;:: - "\ ~o(_ l!: ~ ~w :",II! ~CE! :Ou ~~~ig~ z" ;: >': '" 1 . .. .-j - '-o~e .10. /' , . ! './ "'''.'''''''''' MOTOR CARRIER PERMIT CUSTOMER RECEIPT IL~' A PlJbllc Servin Ageney DEI'ARHIENT OF MOTOR VEHICLES DATE ISSUED: I 01-FEB-00 ~lotor Carrier Pennit Dranch CA#: 0000093 P.O.l3ox 932370 Sa~ral11cnto. CA 94232-3701l AMOUNT DUE: 52,400,OIl . Ill:RRTEC WASTE INDUSTRIES INC CASH 5.00 AMOUNT RECV'D: 52,400,00 9890 CHERRY AVE CK/MO $2,400.00 , FONT,.\NA. CA 92335 CREDIT 5/1 , $,00 . , l'S,.\ CREDIT MCP $.00 CREDIT MAN $.00 " CREDIT MUL T $:00 , , . ' AMT REFUND $,00 DBAs: TOTAL PAYMENT: $2,41l1l.00 1541l21l12000MWOOO9MCR2400,OO l)MV,Ill:. "11'1111,\'11 - 31 - City o! San Barnardino BTATEKENT OF OFFICIAL PLANNING COKMI88ION ACTION November 9, 1994 ptl.OJeCT Number: Conditional Use Permit No. 94-09 Applicant: Wayne Hendrix Owner: Jack, Joe and Jim Avakian ~CTION Approved Meeting Date: November 9, 1994 The Planning commission approved Conditional Use Permit No. 94-09 based on the Findings of Fact (Attachment "Oil) and subject to the Conditions of l\pproval (l\ttachment "E") and Standard Requirements (Attachment "F"). The Planning commission modified Condition No.lO as shown on the attached. VOTE: Ayes: Gonzales, Melendez, Stone, Strimpel, Thrasher, Traver Nay: None Abstain: None Absent: Affaitati, Cole, Gaffney, Kipp The decision of the Planning commission is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to section 19.52.100 of the Municipal (Development) Code. I, hereby, certify that this statement of accurately reflects the final determination Commission of the city of San Bernardino. ' Official Action of the Planninq ~?l~ Valerie C. Ross, Principal Planner /JIffl11'Ju.- /~ /q1+- Date I VCR:lw cc: Project Applicant Plan Check Project Owner Case File Public Works/Engineering \,-<,: .~ :, .' - 32- '. , , , ., -. . ..'.....;..}. . . .... .. .....1 ." . .. SUMMARY. ~, CITY OF SAN BERNARDINO PLANNING DIVISION ============================================:== CASE: COi'iDlTIONAL USE PER.\lIT ~O.9~.09 AGENDA ITEM: I HEARING DATE: 1!.09-9~ WARD: #6 APPLICANT: WAYNE HENDRIX 109 E. THIRD STREET San Bemardino, CA 92410 OWNER: JACK'S DISPOSAL 380 W, OAK ST. SAN BERNARDINO, CA 92401 =============================================== REQUEST I LOCA TIO:"i- TO ESTABLISH A LIGHT PROCESSING RECYCLING FACn.rry, CONSISTING OF A TRUCK ~tAINTENA:;CE FACn.ITY AND THE SORTING AND SHIPPING OF CLEAN RECYCLABLES TO OTHER FACn.rrrES AT S-lS5 IJ'IDUSTRIAL PARh.,VAY IN THE IH, INDUSTRIAL HEAVY LAND USE DESIG:'iATION. _~aa____.__*________.__~_______________________ p.:t()PCRTY SURJECf NORTH EAST WEST SOUTH E.XlSTINC l"I"O USE OFFICE/VACANT VACANT VACANT IFREEW A Y STEEL FLB./STORAGE INTERNAL HANDLING L-NO USE DeslCNATION IH IH IH IH IH p~ I GEOLOGIC/SEISMIC YES _ FLOOD HAZARD YES C SEWERS: YES- HAZARD ZONE: NO C ZONE: NO . NO C HIGH FIRE HAZARD YESC AIRPORT YESC REDEVELOPMENT YES- ZONE: NO _ NOISE/CRASH NO . PROJECT AREA: NO C ZONE: ENVIRON~rENT AL F!l\1)rNGS: STAFF RECOMl\fENDATION: o Not Applicable o Exempt . No Significant Effects o Potential Effects, Mitigating Measures, No E.LR. o E.I.R. wI Significant Effects . APPROVAL . CONDmONS o ' Significant Effects. SeeAt~ched E.R,C. Minutes o DENIAL o CONTINU~CE TO: 1''' I. ~. ",. 'I ',' '. . AnAc~Mt1~'.C" . . ...... .' ' "0 ..'........... o o. rA CO RDNP ~Bill!'Jj!Q~ill~!:~III\gJ,l~i~!!Ii:~ltN~tn~if}("I~'11111tlll'lll1;llllll:;~1111. DATE1'~/~~i~I' I P.:U~'. ..,.... .......... . 619-238:1828. ... . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBERT F DRIVER COMPANY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . , . HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 1620 FIFTH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, SAN DIEGO. CA 92101 COMPANIES AFFORDING COVERAGE ROBBIE ROBERTS, V.P. COMPANY A Specialty National Ins. Co. INSURED Burrtec Waste Industries. Inc. (See Attached Named Insured) 9890 Cherry Avenue Fontana CA 92335 COMPANY B National Union Fire Ins. Co. COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L1STEO BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRI8ED HEREIN IS SUSJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAlO CLAIMS, CD TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LT. DATE lMM/DDIYYI DATE IMMIDDIYVI A GENERAL LIABILITY 3XZ126367DO 10/15/00 10/15/01 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIABIUTY PRODUCTS. COMPIOP AGG . 2000000 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR"S PROT EACH OCCURRENCE 1000000 FIRE DAMAGE IAny one titel 300000 MED EXP IAny one personl 15000 A AUTOMOBILE LIABILITY 3XZ12636700 10/15/00 10/15/01 COMBINED SINGLE LIMIT X ANY AUTO 1000000 AlL OWNED AUTOS BODILY INJURV SCHEDULED AUTOS IPerperson) X HIRED AUTOS BOOIL V INJURY X NON-OWNEO AUTOS lPItf'acciden11 X POLLUTION PROPERTY DAMAGE GARAGE LIABILITY AUTO ONlY. EA ACCIOENT ANY AUTO OTHER THAN AUTO ONt. Y: EACH ACCIDENT . AGGREGATE . B EXCESS L1A8IUTV BE7406330 10/15/00 10/15/01 EACH OCCURRENCE . 10000000 X UMBRELLA FORM AGGREGATE 10000000 OTHER THAN UMBRElLA FORM WORKERS COMPENSATION AND OTH- EMPlOYERS' L1ABIUTY EL EACH ACCIDENT THE PROPRIETORl INCl El DISEASE. POUCY UMIT . PARTNEAS/EXECUTIVE OFFICERS ARE: EXCl EL DISEASE - EA EMPlOYEE OTHER "I 0 DAYS FOR NON-PAYMENT DESCRIPTION OF OPERATIONSIlOCATIQN$NEHICLESISPECIAlITEMS RE: RFP F-01-39-A; COMMINGLED RECYCLABLES PROCESSING CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER CG201 0 ATTACHED, ~;~~ltf!~tr;At~ffitQ.K~~f:P?:::\t~n~WfilllWMMt.WgJtWJRmtMff~$MfHmjst~N~:~#'~t~~~lliWKflf.fM[W1~(:hM~~%{~Vfit0~mo/!t~~\tDr5t?T~J?111%J. Y-., SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEUED BEfORE THE EXF'tRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --1Q.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBUQATlON OR UABtuTY KIND HE PANY. ITS AGENTS OR REPRESENTATIVU. PRES TATI CITY OF SAN BERNARDINO CITY'S RISK MANAGER 300 NORTH "0" STREET SAN BERNARDINO, CA 92418 1(c~lR\t~lI:}$itfjii!lfiffiaJ@%0lWltW%~..~,i. :.' POLICY NUMBER: 3XZ12636700 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. \ ADDITIONAL INSURED - OWNERS, LESSEES OR OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: PER CERTIFICATE ATTACHED ( (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. RE: REFUSE HAULING Insured: BURRTEC WASTE INDUSTRIES, INC. Producer: Robert F. Driver Co., Inc., San Diego, CA CG 20 10 03 97 Page 1 of 1 t Copyright. Insurance Services Office. Inc.. 1996 - 35- BURRTEC WASTE INDUSTRIES, INC. NAMED INSURED Agua Mansa MRF, LLC AVCO Disposal, Inc. Burr Group, Inc. Burr Group LP Burr Properties Burrtec Waste Group, Inc. Burrtec Waste Industries, Inc. (fonnerly PSP Waste Services, Inc,) Burrtec Waste Industries, Inc., DBA: Agua Mansa Recycling & Transfer Co. Burrtec Waste Industries, Inc., DBA: Inland Empire Recycling Burrtec Waste Industries, Inc., DBA: Burrtec Recycling & Transfer Co. Burttec Waste Industries, Inc., DBA: Burrtec Recycling Center Burrtec Waste Services, LLC Currans Rubbish Disposal, Inc. E, Cole Burr, Individually and as Trustee of the Burr Family Trust EDCO Disposal Corp. (but only as respects to vehicles registered in this name) Edward G. Burr, Sandra L. Burr, Cole Burr and Tracy A. Burr Individually and Burr Properties: 9910,9934,9950,9964,9820,9890,9982 Cherrry Avenue, Fontana, CA and 17000 Abbey Lane, comer of Abbey Lane and Bimini - (5 acres), and 16997 Abbey Lane, Victorville, CA Empire Disposal, LLC Fontana Rubbish Collectors, Inc. Indio/Coachella Transfer Station Jack's Disposal Services, Inc. Lucerne Valley Disposal, Inc. Mark's Disposal- A division of Burrtec Waste Industries, Inc. Monte Vista Disposal Monte Vista Disposal, Inc. Rancho Disposal, Inc. TIM 403 INV (but only as respects to vehicles registered in this name) TECMEC Maintenance Enterprises, Inc. Tracy A. Burr, Individually and as Trustee of the Burr Family Trust Tri-County Disposal, Inc. Tri-County Disposal, Inc., DBA: Gary's Disposal (but only as respects to vehicles registered in this name) Universal Waste Systems (but only as respects to vehicles registered in this name) Victorville Disposal, Inc. West Valley MRF, LLC West Valley Recycling & Transfer, Inc. Yucaipa Disposal, Inc. Yukon Disposal Policy Number: AS PER CERTIFICATE Authorized Representative: Robbie Roberts, V.P. Robert F. Driver Company, Inc. P. O. Box 120670 San Diego, CA 92112-0670 (619) 238-1828 - 36- ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODfYYI 12/04/2000 PRODUCER (619) 584-6400 (619) 584-6425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Westland Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3838 Camino Del Rio North #315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 85481 - San Diego, CA 92186-5481 INSURERS AFFORDING COVERAGE INSURED BURRTEC WASTE INDUSTRIES INC, etal INSURER 1>, TRANSCONTINENTAL INSURANCE CO/CNA 9890 CHERRY AVE INSURER B: FONTANA, CA 92335 INSURER C INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIACATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDIT10NS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS, 1Ni': TYPE OF INSURANCE POLICY NUMBER P!'}!SY EFFECTIVE POLlCY EXPIRA ION LIMITS ~NERAL liABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE OAMAGE (Anyone fire) $ I CLAIMS MADE 0 OCCUR MEO EXP (Anyone person) S - PERSONAL & ADV INJURY S GENERAL AGGREGATE S - ~~ AGG~EnIUMIT AnSIPER" PROOUCTS . COMPIOP AGG S POLlCY ~:8i lOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Eaaccident) - - All OWNED AUTOS BOOtL. Y INJURY S SCHEDULED AuTOS (perperaon) - I- HIRED AUTOS BOOIL Y INJURY S NON_OWNED AUTOS (Per accident) I-- I- PROPERTY DAMAGE S (Pecaec:ident) RRAGE LIABILITY AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN EA ACe s AUTO ONLY; AGG S pESS LIABILITY EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE S S R ~EOUCTIBLE S RETENTION S S WORKERS COMPENSATION AND ~Cl73365112 01/01/2000 01/01/2001 X hORY LIMiTS I 10.1lt EMPlOYERS' LIABILITY E.L. EACH ACCIDENT S l,OOO,Ooe A E.L. DISEASE. EA EMPl.OYE S l,OOO,OOC e.1.. DISEASE. POUCY 1.1MIT S 1.000.00~ OTHER DESCRIPTION OF OPERATIONSIlOCATlONSNEHIClESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS VIDENCE OF INSURANCE EFUSE COLLECTION AND DISPOSAL SERVICES EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY 'MLL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATIoN OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, CITY OF SAN BERNARDINO AUTHORIZED REPResENTATIY~ U:' r -;) . I . ". " 1 ~ "'7 ' . .,./, ..-.- '. A " I . .. . ~ i " "\ ACORD 2&-5 (1/91) IPACORD CORPORATION UBI EEl \\:\~I\ :\'",\\. ;::",;~n:;!~::; <'~'l?; WASTE NEWS COMMODITY PRICING REPORT December brings chill to HDPE By JOIo 1ruif11 lIillhden...LypulYflthvl..nerecy. d..rs ~hlluldn'\ _ an inCM'll.te in thu prJCCIlt'ilcrapmaterialllnytim/lIlI)flIl, 811 pnCUll for both n.aLurul and coloT1!d HVPE droppt..J lIg'lin III the bellin. nlnl(orthlll munth, The avernge pril:B of natural HUPE tumbled about 2 c"nlt pllr p.lund !rCIIII Barly ~'Ivemher in mGMt pluta nf the cCluntry. In D/lnver. the price ,hpplld to ...n lIVerlll(e or 17 centl per pound for baled material pi<:ked'Jp:atthe~lIer',dllCk, Colornd HDI'E pricn Oll,a ..Hd thia month. The price fell to an ::lvenll" Qf 10 clint.! per pnund in Dllnvl!r ltnd mMt other markets. Pric~ have dippo!d lower ~n the Welt eu..L But the market pt1)bahly won't get ovor it' lull thill YOllr, The industry anLiciplItel thlll tbc priCII of b'lth naluralllnd coloNld HDPE will fall oft o.nother 1 or :! c!!nll by tho end of \hil yelllr, onfl HUPE proeelWlOrllllid. The price for naturlll nDPE may .lip n 10" a. 15 comll per pound in ."'1:1:11: News NO.6 ~ewsNo. 81'1 ':l3zines___' ,:~3IedconI3inefS_ . Mixed residenlial oaper , Sortedolllc:eEp.ef " ?Or1cd white ledaer " Compulerprlntout '" .I'iI::lr'l.. ~~elc3ns , Whilegllods !~ Aluminum cans 111 " .n....... FIin1 " Amber " Greell " .:1.'''...11..- PET 13 Natural HDPE 11 Colored HOPE " Combination HOPE III " .:11I:1:1:1: Tires ,'" "''l:I:llml:lo. landflllllpping fees .. .. " - -\IIQI " " 31 the next month or 80. Th!! price decrelllees aren't unex- pected, the proeelllQr lIlIid. Pricing n<ltmany fall.. oIT II hit durin!l: the "inter monthll. Prite. .urged carher in the ,e., end h.d to come back do"'" eVC!ntually. Pricel for some vir. Rin ""itll alslI 1mVC! become 1ll0l'e at. trlllctive to buyers, lIteering them IIwayfrDlftllCTapmaterill.h.said. Some recycl~rs nre COtlCemed that the market could be in limbo for II lood plut of nnt year if the U.S. economy wollkenll. he Aid.. F_III__.pltII_... 1Jl~"'_ Qlc--..._to__..'lOI'E. 1)IIw_:,........."""__..___..._.._ ____...__-...______.."._.....___....__..._.__n_.. ...----..-....,- 31 31 39 DW" 1. 23 27 - 38- -~ - r.:M~;t, !cJCled. 1,269 1,335 '9% 1,805 I 2,085 2.3% - t.on. Ie - VtIIt .0.63 ~.05 0.28 6.93 - rolume 1tctH ! ustryl ..... 8% 2% erbox 1 rs' As. stOc- ::tober lIalive : from stOc- }fthls nents ')and ,allest lS,com Transacted paper stock prices ,- ! i "";J'!; Jr~ [(I ""''lIl lr;\ r~evr.tqr'J! 'tle!irsf iS5l~ ii1eath l'II)IlIll t:"'ess ,II'1:"NOSt 'It':Ir.ll :t'I!y'~ ':lIlx:"I!l!/lI '~ec~;I~)/ I f'!'It'~;1h G~.nt:;f'!ll,f-1l1mJl'l;ltJIrerrel'lls.n.r;r)!!ir:cdir.f.urrenl ~SIrr.llms:ttr.l.l1r.l!fIr.a5Lir"J'js.;r.dP';K,"r.l'S i. :; :CIW ;:1tWlI'$ '!ilLqry,er:r../n"..<<'2 ir [).'Jef1rf::.cS 1"ese.1I! X<!l:1.lIII1r.o' "'JI ~,frMSl! ;;:'~.e:;.l:.lil'll F n B -;P.II , I!"~; :1_.11 ,..ill~.~:)f.':Cliv':f',<;.~ardclpremll..tr, ';lXII.01 ddresslolS A~t.ill ~r.1w~'r.rp.l:'Ii/'l~.h,ln I j\,,'l]. 'e-.,.I"\.'Jl HlIGddIrCllJ1l. Jcslnlior. CC/l'.Jdl!falKlns.OltlhO' ~.o<<:al ~'J=;CS JteOlICCS -'Slr.d V! !Ill ''lleP.roCC~:y j' rHl.:" "lll (.:,1r.cle i/l'/ wrmil/'l:tlllly any ~IJPl:I<er ~o seR fIOI Dy .vy~'Jm.1:;l'I 10 Clf(. -Illy '!\3:G':JI JlIrJP. ;:lIe! lijed:;f.ll i I :yypr.epr",Iit.-,/e!II4J)nltl!j;I'CelisllJi :: Sorted Mil" : loxbolrll Wbile Paper ,ClIItI.p News Nows acc SOP Ledger ~I i 141 I 1'1 III (111 137) (401 Chicago im-25 30-35 .ll-45 ~ 30-35 i 115-125 160-,170 New England 20-25 30-35 25-30 55-00 40-45 i 115-125 170-180 Buffalo i 20-25 3lf-35 35-40 5Hll 35~0 i 115-125 170-180 New York ' 25-30 3lf-35 'll-45 5Hll 40-45 i 115-125 170-180 ! 30-35 ; Soutbeast 35-4lI '5-50 65-70 40-45 i 105-115 170-160 SOlthwest 30-35 35-40 .5-SO 70-75 '0-'5 ! 115-125 170-160 Los Angeles l 4{l..-45 55-00 5Hll 85-90 5Hll i 125-135 210-220 San Francisco' 4H5 55-60 5Hll 75-80 50-55 1125-135 210-220 Paclftc NW l 4G-45 35-40 5Hll 75-80 50-55 ! 125-135 210-220 SINCE 1911 i I' II. TEA M W 0 R K SERVICE I RESULTS For over 80 yeors Nalionol Fiber has matched up suppli- , en and consumers of secondary Jiber. Whatever your sec- ondary fiber nee,f is, we can help. Join NOlional '. :,' Fiber's sOlislied cu$- tamers. Just caU: ,.: ,.t 312.~46-4800 arid . ,I;' ask,.lo ,po,ak with :;1.';;' L _ ,:. . one of our ~rakerS;;;!! WIll.. ,Caalld HanI. IlanI , CPO : UnprInt '.ewllJl _ .Soll_ __ ; __ '(wttIJ...._che. ,Cutllngs Slants: ShaYIngs _pEnt. Cuts, .....1 : S..aIe ,~3) I24l 1281 13OI,l31li~:l'7) Eat ! $40-50 i 150-160 1210-220 310-320 i 350-360 i 190-200 i 280-290 MI_ ',o-SO: 140-1SO '2110-210 310-320: 350-360 i 170-180 : 310-320 s.a1b.ast i 4O-SO 1 120-13O! 150-160 300-3101350-360 1190-200 i 310-320 SlHItllwest i 40-50 ! 120-13O! 150--160 300-310 i 350-360 1200-210! 2fiO--270 Losing"" I 5H5 1'90-200 i 200-210 280-290 1380-390 1220-230 i 290-300 San fra..lsco, 5H5 ,190-200 'I. 200-210 280-290 [380-390 i 220-230 I. 290-300 P..I1I. NW I 55-65 1190-200. 200-210 280-290 1380-390 1220-230 290-300 #8 News Market Report Why have #8 news prices on the East Coast been slipping re- cently? One reason Is the impact of export orders. Specifically, they're vel)' hard to come by right now. So all those tons are pil- ing up on V.S, shores. ^nother reason is an imbalance of supply and demand, This is, after all, the holiday season. Papers get thick with ads, increasing overall supply. So even if demand remains stahle, prices will have a tendency to slip. But as we head Into 2001, don't look for news prices to go Into a freefall. Advertising shrinks injan- uary and February, reduc. Ing supply. Overseas demand is sure to pick up before the end of the first quarter, Yes, the U.S. econ- omy is slowing down. But the uses for #8 news are too varied to see it again reach prices last seen in 1996 (see accompanying bar chart). The next president of this countl)' is going to in- herit a sluggish economy but (as long as he doesn't fire Federal Reserve Board Chairman Greenspan) a re- cession is still a long shot. -MA www.pack3ging-onllne.com New York Prices Offtclal Board Markets . Dccem/x.,. 9, 2000 1: PRO.JECT ORGANIZA nON AND STAFFING The specific information to be included in the Project Organization and Staffing Section ' of the Request for Proposals follows and is enumerated: L Burrtec Waste Industries, Inc, was incorporated on July 7, 1978. 2, Burrtec Waste Industries, lnc, is a California corporation. 3, Resumes of key staff responsible for marketing materials and supervising overall plant operations follow on pages 43 and 44. 4. An organizational chart showing proposed staff levels follows on page 45. - 40- Or2anization ( Burrtec Waste Industries, Inc. will provide commingled recyclables processing through the West Valley Materials Recovery Facility (MRF), Robert A. Nelson Transfer Station and Jack's Disposal. Burrtec Waste Industries, Inc. is the main operating subsidiary of the Buntec Waste Group. Buntec and its sister company EDCO Disposal Corporation comprise the largest privately held solid waste company in Southern California. In addition, they currently rank in the top 15 of America's 100 largest private or publicly held solid waste management companies, Solid waste management CClllection and disposal services are provided by five hauling yards and four transfer station/MRFs. Corporate offices are loCated in Fontana, California. Buntec has operated in the local Inland Empire area for more than 20 years and has a firm commitment to the communities it serves. Not only does Buntec provide complete collection and recycling services to local residents and businesses, it also provides major venue services to the Pomona Fairplex and the California Speedway. Burrtec Waste Industries, Inc. operates the West Valley MRF, the Robert A. Nelson Transfer Station and Jack's Disposal which are the recycling materials delivery locations offered in this Proposal. The West Valley MRF is a full-service materials recovery facility and transfer station that provides refuse and green waste transfer services and recyclable materials processing services for communities throughout San Bernardino, Riverside, and Los Angeles Counties. It is one of the largest materials recovery facilities in California. Upon the Facility's expansion completion, the building wiII cover 130,000 square feet and permitted processing capacity will be 5,000 tons per day. The Facility is permitted to operate twenty-four hours per day, seven days per week. Recycling center and office paper recycling services are also offered. The Buntec operated MRF recovers cardboard, newspaper, mixed paper, office paper, glass, tin, scrap metal, aluminum cans and plastic PET and HOPE. It wilI utilize proven disc screen and air classification technology that wiIl result in increased processing efficiency and recovery. The new system will utilize both negative and positive sorting methods. The MRF is responsible for marketing all MRF and recovered transfer station materials, a monthly total of 4,000-5,000 tons. The Facility also transfers approximately 2,100 tons per day of municipal solid waste and green waste to three landfilIs and one composter. A location where materials may be deposited for transfer to West Valley is the Buntec operated Robert A. Nelson Transfer Station. It is located on 12.5 acre parcel in the Agua Mansa Enterprise Zone. The Agua Mansa Recycling and Transfer Company operates both the Transfer Station and a California Redemption Value Recycling Buy-Back Center. The Transfer Station was developed for the City and County of Riverside by Buntec Waste Industries, Inc. Burrtec has a twenty year agreement operate the facility. - 41 - The Transfer Station has a 44,500 square foot tipping fl('or and is permitted to receive 2,700 tons of materials per day, Both Burrtec facilities, the West Valley MRF and the Robert A. Nelson Transfer Station, each have a State of California Solid Waste Facility Permit which allows the receipt of the City's dry commercial refuse loads for processing. Copies of the MRF Facility/Permit No. 36-AA-304l and the Transfer Station Facility/Permit No. 33-AA-0258 are included in the Appendix of this Proposal Additionally, the Burrtec owned company, Jack's Disposal, can also be used by the City for unloading and transfer of materials. The Facility is located on five acres in the City of San Bernardino. It is permitted to receive, sort and ship clean recyclables. A copy of the Facility's Conditional Use Permit No. 94-09 is included in the Appendix of this Proposal. - 42. Name: Erie D. Herbert Title: Vice President Chief Operating Officer Contract Responsibility: Contact person during period of Proposal and direct oversight responsibility for commingled recyclables processing services offered to the City of San Bernardino Contact Information: Burnec Waste Industries, Inc. 9890 Cherry Avenue Fontana, CA 92335 (909) 429-4200 (Telephone) (909) 429-4290 (Facsimile) Background and Technical Experience: Mr. Herbert oversees all Burrtec operating companies in Los Angeles, Riverside and San Bernardino Counties, including the collection, transfer and materials recovery facilities. These operations employ more than 400 full-time and 156 contract employees. Mr. Herbert also coordinates and is responsible for the smooth operation of Burrtec's fi.ve hauling yards and four transfer station/MRFs; and be will be responsible for integrating the City of San Bernardino's commingled recydables processing into the Burnec facilities. Before joining Buntec in 1993, Mr. Herbert served as Senior Vice President ofCM Engineering Associates, Inc., a civil engineering and construction services finn. He has more than fourteen years of experience in engineering and construction services, and is a Registered Engineer with State of California. At Buntec, he has been responsible for developing regional infrastructure for the recycling element of waste disposal. He earned his Bachelor of Science in Civil Engineering from the University of the Pacific and his Master of Science from Stanford University. Mr. Herbert is also affiliated with Stanford University as a Consulting Associate Professor and Guest Lecturer. A member of the Inland Empire Disposal Association and the California Refuse Removal Council, he supports and participates in numerous community events and has received many awards from his peers in industry associations. - 43- Name: Richard Crockett ( Title: General Manager West Valley MRF Contract Responsibility: Ensure all the City's commingled recyclables are processed in the most efficient, cost effective and safe manner, enabling the City of San Bernardino to achieve cost containment and high diversion Contact Information: West Valley MRF 13373 Napa Street Fontana, CA 92335 (909) 899-0911 (Telephone) (909) 899-5511 (Facsimile) Background and Technical Experience: Mr. Crockett is responsible for the overall management ofBurrtec's West Valley MRF and Transfer Station in Fontana, California, including processing and marketing of recyclables and green waste. This is the facility that will offer commingled recyclables processing to the City of San Bernardino. The West Valley MRF is permitted to process 3,500 tons per day of municipal solid waste, recyclables and green waste. After a stint as Senior Financial Analyst for General DynamicsIHughes Missile Systems, Me. Crockett began his career in the solid waste industry in 1993 as an intern with the California Integrated Waste Management Board. He joined Burrtec in 1994 as Recycling Coordinator and currently serves as General Manager for the Burrtec Recycling Center and West Valley MRF. Mr. Crockett has been instrumental in selecting a new screen sorting technology for recyclables recovery. This new technology will be instaUed and put into production during the current West Valley MRF expansion. Mr. Crockett has a Bachelor of Business Administration in Finance from California State Polytechnic University, Pomona and a Masters of Science in Environmental Studies from California State University, Fullerton. " - 44- II . 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'" o Eo ~ S.t: = 0'" '" U.~ 0'">(0 U~"'''' .Y'~ 0 8 "'Q ...."'0._ ;>,!::Ei: .-::._ ::s u Ug::g::Vl OJ '" o ~ is o u 'C ~ '" .. :E '" u i5' .. O?J~ -"'~ <<1'- ~ .- u c CU';; "E'" :288 3 0 e ~U~ <:t '" '" - 8 = en '" 0.. 'B ~ "i o 0.. '" is '" 0.. 'B ~ ACTION BY WRITTEN CONSENT OF BOARD OF DIRECTORS OF BURRTEC WASTE INDUSTRIES. INC. a California corporation We are all of the directors of BURRTEC WASTE INDUSTRIES, INC., a California corporation, We hereby consent to and adopt the following resolution effective December 14, 2000: Approval of Proposal for City of San Bernardino RESOL VED, that the Request for Proposal F-01-39A being made by this corporation to the City of San Bernardino, California, for Commingled Recyclables Processing and any agreements arising therefrom are hereby approved. and Eric D. Herbert, Vice President of this corporation, is hereby authorized and directed to bind this corporation in connection therewith and to execute and deliver on behalf of this corporation the Service Proposal. the Cost Proposal. the Price Fonn and the Non-Collusion Affidavit required by that City and any agreements or other writings arising out of the Proposals, 4cv/~ Edward G. Burr ~ ~ ~ < ~ ~ ~ o ~ ~ ~ Z l-C 00 00 ~ u o ~ ~ 00 ~ ~ ~ ~ u > u ~ 'l. " e. '" J ~ :.! ..., -? " ":;: ;; .~ 'j ~ :;; '" ... ~ t: 0 Vl ell ~ " .~ :z: t: ~ 0 8- 6 Vl '" '-' "" oil -g " :z: ;< c.. ~ :z: 0 ..., g, 'j ~ ;< .- " - ::E~ - ;:; ~ ~g " E "'8, Ol " i5Vl a Vl , l!! "" ~ c. j:: 'j " --+~ " 0:: 11 ..~ " 0:: c.-a .Sti ." ~ ell"" u ~~ ~ -- g ...... i1 .,; o c..t: '" 0 ~(/) B .~ -' ~ g Cv - " .:j ? ~ ..= C..i!:. '-' <: .;d" 'l;! ~ .9 0; 'J "" ';;; '" " o ~ :.;: - ~ .~ <; '-' ~. <1 .if .s 0.. :i ~ v ~ ~ 1 e I- 11 ->0..:2 -..... ~ " 0:: ... ~ 1! ~~'s " c:: w.. 0 U ; '" '-' =? '" ;:: .,; o ""t: .ga '" " E: ~ ~ o So! 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" ~ , ~ ... i lJ ~ TABLE 2 FLOOR PRICE FOR COMMINGLED RECYCLABLES MATERIAL TYPE (NOTE: 2000 2001 2002 2003 2004 ALL PRICES SHOULD BE IN DOLLARS PER TON) CARDBOARD (OCC) $85.00 $85.00 $85.00 $80.00 $80.00 NEWSPAPER (NP6) $85.00 $85.00 $85.00 $80.00 $80.00 MIXED PAPER $45.00 $45.00 $45.00 S40.00 $40.00 OFFICE PAPER $130.00 $130.00 $130.00 $125.00 $125.00 COLORED IIDPE. $420.00 $420.00 $420.00 $420.00 $420 CLEAR IIDPE. $580.00 $580.00 $580.00 S580.00 S580.OO MIXED PET. $1215.00 $1215.00 $1215.00 $1215.00 $1215.00 PVC PLASTIC $4.00 $4.00 $4.00 S4.OO $4.00 POLYSTYRENE $4.00 $4.00 $4.00 $4.00 $4.00 LOPE $4.00 $4.00 $4.00 $4.00 $4.00 POLYPROPYLENE $4.00 $4.00 $4.00 $4.00 $4.00 ALUMINUM CANS. $2450.00 $2450.00 $2450.00 $2450.00 $2450.00 TIN CANS $27.00 $27.00 $27.00 $25.00 $25.00 CLEAR GLASS. $121.00 $121.00 $121.00 $120.00 $120.00 BROWN GLASS. $118.00 $118.00 SI18.00 SI15.00 S115.00 GREEN GLASS. $103.00 $103.00 $103.00 $100.00 $100.00 OTHER: Metal $36.00 $36.00 $36.00 $35.00 $35.00 OTIlER: Newspaper (ONP8) $99.00 $99 .00 $99.00 $95.00 $95.00 OTHER: 3 Mix Glass. $60.00 S60.00 $60.00 S55.00 S55.OO PROCESS/SORTING FEE PER TON $40.00 $41.00 $42.00 $42.00 $42.00 . TRANSPORTATION COST PER MILE SO.OO SO.OO SO.OO $0.00 SO.OO RESIDUAL DISPOSAL COST PER TON $39.52 $39.52 $39.52 $39.52 S39.52 PROPOSER NAME: Burrtec Waste Industries. Inc. *Floor prices mclude CRV value and may adjust with changes m CRV value, ~ I. All prices for materials should be calculaled on a price per ton. 2, For each calendar year, p-ovide a fixed dollar per ton floor price to be poid to the Cil)' lOr each commodity. This floor price may NOT be less than $0.00 per ton. 3, lfProposer does nol handle a particular commodil}'. enter N/A in the appropriate spaces. 4. If a Proposer handle. additional materials than those listed, please indicate the material in one of the rows labeled "Other," and complete the pricing infonnation. PRICE FORMS (To be submitted in a sealed envelope separate from proposal documents) REQUEST FOR PROPOSALS: RFP F-OI-39-A DESCRIPTION OF WORK.: Commingled Recyclables Processing. Carol Doemner OFFEROR'S NAME/ADDRESS: Burnet Waste Industries. Inc. 9890 Cherry Avenue Fontana. CA 92335 NAMFIfELEPHONE NO. OF AUTIlORIZED REPRESENTATIVE Eric D. Herbert Vice President/COO (909) 492-4200 ANNUAL PURCHASE ORDER Upon approval and award by the Mayor and Common Council of the City of San Bernardino, effective on or about January 2J'h , 2001 through January 26th, 2003 plus three single year option renewals, for City's requirements, on an as-needed basis, with no guaranteed usage for Commingled Recyclable Processing. Option year one, if exercised, shall be effective January 27th, 2003 through January 26th, 2004. Option year two, if exercised, shall be effective January 27th 2004 through January 26th 2005. Option year three, if exercised, shall be effective January 27"" 2005 through January 26th, 2006. Option years shall become effective ooly upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information on the forms provided below, and any other incidental or additional costs required to complete the requirements of the General Specifications, Scope of Services and Content of Proposals. Are there any other additional or incidental costs which will be r meet the requirements of the Technical Specifications? Yes answered "Yes", please provide detail of said additional costs: by your firm in order to (circle one). If you Please indicate any elements of the Technical Specifications which cannot be met by your firm. N/A ~you included in your proposal all informational items and forms as requested? ~. (circle one). If you answered "No", please explain: This offer shall remain flflD for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable (30) days. 0".4 days; unless otherwise stated, payment terms are: Net thirty In signing this proposal, Offeror warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP_ Below, please indicate all Addenda to this RFP received by your firm, and date said Addenda waslwere received. Verification of Addenda Received Addenda No.: #1 Addenda No.: #2 Received on: 12/06/00 Received on: 12/15/00 AUlHORIZED SIGNATURE: f;:*:,r ' PRINT SIGNER'S NAME AND TITLE Eric D. Herbert DATE SIGNED: COMPANY NAME & ADDRESS: Vice PresidentlChiefOperating Officer December 21".2000 Burrtec Waste Industries. Inc. 9890 Cherty Avenue Fontana. CA 92335 Phone: (909) 429-4200 FAX: (909) 429-4290 IF NOT SUBl\I1llJ.NG AN OFFER, PLEASE STATE REASON(S) BELOW: NON-COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United State Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any colIusion, or otherwise taken action in restraint of free competitive bidding in connection with RFP F-OI-39-A Business Name Burrtec Waste Industries, Inc. Business Address 9890 Cherry Avenue, Fontana, CA 92335 Signature of Offeror a " , ..7 .. ~/~ ~/f~/- 1616 Smiley Heights. Redlands. CA 92373 Place of Residence Subscribed and sworn before me this 21" day of December _2000. Notary Public in and for the County of San Bernardino _ State of California. My commission expires Se.ptember 18. 2002 , . .,"~ \~\. '\ ).,-, '~ '\.. <, " Signature of Notary Public <:..~-. - I----:=~:I ;~ -_.~~ ~~~~~f (,\- " .. ADDENDUM #1 TO Request for Proposal F 01-39A Commingled Recyclables Processing Notice is hereby given that the Purchasing Manager is incorporating the following as an addendum to the Request for Proposal (RFP) #F Ol-39A, Commingled Recyclables Processing The Purchasing Manager for the City of San Bernardino requests that all respondents to this Request for Proposal acknowledge their receipt and understanding of this on the Price Summary Form in the original RFQ. The following questions, and answers are hereby incorporated: Q: Will City provide Table 1, Commingled Recyclable Pricing TabIe, on disc? A: Disc will not be provided, original forms must be completed and returned. Q: Table 2 was not included in our package. A: Table 2 is attached herein. Q: Proposal Format and Content, Section C, proposal forms, requests proposer "complete the Price Form in its entirety". There are no lines identified on the Price Form to place: total price and basis on which prices are quoted. How do you wish this information to be included? A: Pursuant to Section ill.C, disregard "total price" and "basis on which prices are quoted". Q: In completing Table One "CommingledRecyclables Pricing Table", we have questions in reference to the "Year One-Year Five Prices and Rates" columns. Are they guaranteed floor prices for those years or a.fixed price? If these are guaranteed prices, is Table 2 even necessary? Please provide specific explanation of the pricing required on Table One. A: The pricing that is submitted in Table I is the current market pricing being offered by the vendor and'projected fOlWard based on the vendor knowledge, experience and expectations of the market in the future. We recognize that this is best market price, subject to fluctuations and verifiable against third party published marketing sources for such commodities. This is why we request that the most recent published marked indices are included in the Appendix of the offeror's proposal, so that we can verify the pricing information. Table 2 are guaranteed floor pricing and the vendor will be held to those prices for the length of the agreement. Q" \ t ,. ;' . ,\ . (, "-', .C tJt 11( 21::~it;;: David Batson, PUrchasing Manager City of San Bernardino TABLE 2 FLOOR PRICE FOR COMMINGLED RECYCLABLES 1\IATERIAL TYPE (NOTE: 2000 2001 2002 2003 2004 ALL PRICES SHOULD BE IN DOLLARS PER TON) CARDBOARD (OCe) NEWSPAPER (NP6) MIXED PAPER OFFICE PAPER COLORED HOPE CLEAR HOPE MIXED PET PVC PLASTIC POLYSTYRENE LDPE POLYPROPYLENE ALUMINUM CANS TIN CANS CLEAR GLASS BROWN GLASS GREEN GLASS OTIIER: OTHER: OTIIER: PROCESS/SORTING FEE PER TON TRANSPORTATION COST PER MILE RESIDUAL DISPOSAL COST PER TON PROPOSER NAME: J:!Q]]! 1. All priceI for matcriU IhouJd be caJcuIMcd on . price per ton. 2. For each Clllax1aryear, provide. fixed dollar per loll Door priccto be paid to the City foreacb commodity. Thil floor price may NOT be -......$0.00,....... 3. IfPropooerd""'...homdle.pouticulor........oofty. adcrN/A iolbc_-___. 4. If. Propoecr handlc8 Ildditiooal rualcriall lhan Iboto listed. plcue indkale the material in one or lhe rowt 1abc:1cd -0Ibct.. and complete the priciq iaIon.da&. .. ADDENDUM #2 TO Request for Proposal F Ol-39A Commingled Recyclables Processing Notice is hereby given that the Purchasing Manager is incorporating the following as an addendum to the Request for Proposal (RFP) #F OI-39A, Commingled Recytlables Processing The Purchasing Manager for the City of San Bernardino requests that all respondents to this Request for Proposal acknowledge their receipt and understanding of this on the Price Summary Form in the original RFQ. The following questions, and answers are hereby incorporated: Q. "We suggest that Table 1 be modified in order to show minimum guaranteed pricingfor Year 1. Year 1 pricing 'Would be a guaranteedjloor rate reflecting more realistic market price. Years 2-5 'Would then be estimated as originally called for in the RFP. This format 'Would give staff and council more realistic pricingfor the purpose of evaluation. A We appreciate the suggestion; however the requested information is similar to that which was previously requested in former Requests for Proposal. No change. Q. We 'Would also like to suggest that since the contract start date is not until 2001 that Table 2's sequence of years begin 'With 2001 through 2005. A. The tables correspond to the City's Fiscal year sequence and not necessarily a calendar year. The contract is for a five year period and each year will be the actual contract year, not a calendar year. Q. Is there afaed price to be usedfor disposal cost of residue? At the original bid conference, $29.52 was the established disposal rate for residue material Please clarify. " A. The City has a Waste Disposal Agreement with the County of San Bernardino that establishes a set per ton rate, that may be adjusted each July 1. Since the vendor is required to return any residuals (or an equivalent tonnage) to the County system for disposal, the disposal rate is currently $29.52 per ton. Since the City does not know if any additional increases may occur in the County's tipping rate, the contractor should use $29.52 as the tipping rate and add any additional handling charges to this amount in order to establish a final cost. The difference between the quoted disposal cost of residual and the actual County tonnage may be calculated separately as part of the contract agreement. r-. / , ~ I L D Batson, Purchasing Manager City of San Bernardino ... ~ovelllber29,2000 SUBJECT: REQUEST FOR PROPOSALS RFP F-OI-39-A GentlelllenILadies: The City of San Bernardino ( City) invites proposals frOIll qualified vendors for: Comlllingled Recyclables Processing on behalf of the City's Public Services Depart!llent. Please read this entire RFP package, paying particular attention to due dates, the Instructions to Offerors, Technical Specifications, General Specifications and ProposallPrice Fonns. Proposals Illust include all requested infonnation and fonns, and Illust be signed by an authorized agent of the offering cOlllpany in order to be considered responsive. ~~ David Batson Purchasing Manager SECTION L INTRODUcnON AND INSTRUcnONS TO OFFERORS " I. INTRODUCTION AND INSTRUCTIONS A. The City of San Bernardino is seeking proposals from qualified commingled recyclables processors for the acceptance, processing, and marketing of commingled recyclable materials consisting primarily of paper and cardboard waste, and metal, glass, and plastic containers generated from a citywide recycling program for residential, commercial and industrial customers. B. The City of San Bernardino is a full service city with a population of 185,000 occupying 55 square miles. The City was created by a charter in 1905 and has a strong Mayor fonn of government, with a seven-member Council elected by ward. The voters elect the City Attorney, City Treasurer and the City Clerk at large. Currently, the City's Public Services Department has a full-time permanent staff of 177. The Department's Refuse Division is responsible for the collection of refuse, recyclables and organic materials from residential and commercial accounts within the corporate boundaries. In 1999, the City's certified recycling rate was 46% and the City is well on its way towards achieving compliance with AB 939; however, it is the intent of the City to maximize the diversion of recyclable and organic materials from landfilling. Currently, the City provides once per week collection of residential commingled recyclables using automated trucks, and scheduled collection of commercial commingled recyclables in front-load trucks. The City offers a blue-bin program for commercial customers, including indoor collection containers. In Calendar year 1999, the City collected 10,961 tons of commingled recyclable material from the residential waste stream, recovering 8,330.25 tons for market. The largest components recovered from the residential stream are newspapers and mixed paper. From the commercial sector, the City collected 1,084.18 tons and recovered 976.80 tons. The largest component recovered from the commercial stream is cardboard and OfficelMixed paper. The City is planning on implementing a wet/dry routing system on its commercial collection operation. In this system, the City will target collection of recyclable-rich loads from non-participating commercial customers. It is expected that while this will increase the overall recovery rate for the City, it will increase the current level of contaminants found in the commercial loads. The successful vendor shall have methods to recover the maximum amount of recyclables from such loads as is practical. C. Examination of Pro Dosa 1 Documents 1. By submitting a proposal, the Offeror represents that it has thorougWy examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any Offeror for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a "No Offer" is considered a response. D. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. E. Oarifications 1. Examination of Documents Should an Offeror require clarifications of this RFP, the Offeror shall notify the City in writing in accordance with Section E.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifYing the matter which will be sent to all persons who have requested the RFP. 2. Submittinl! Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than December 11, 2000, and be addressed as follows: City of San Bernardino 300 North "D" Street 4th floor, Attn: Carol Doemner, RFP F-01-39-A San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, ''Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Carol Doemner, RFP F-01-39-A. c. Inquiries received after December 11, 2000 will not be accepted, 3. City ResDonses Responses from the City will be communicated in writing to all recipients of this RFP, and will be postmarked no later than December 14, 2000. F. Submission of Pro Dosa Is 1. Date and Time All proposals are to be submitted to City of San Bernardino, Attention: Carol Doemner. RFP F-01-39-A no later than 3:00 p.m., December 21, 2000. Proposals received after that time will be rejected by the City as non- responsive. 2. Address Proposals shall be addressed as follows: City of San Bernardino 300 N. "D" Street 4th floor Purchasing Department. RFP F-01-39-A San Bernardino, CA 92418. Proposals may be delivered in person to the Purchasing Department, 4th floor of the above address. 3. Identification of ProDosals Offeror shall submit a proposal package consisting of: a) a signed original and seven (7) copies ofits proposal, and b) a completed and signed Price fonn in a sealed envelope, separate from the proposals, marked "Price Fonns". - The proposal package shall be addressed as shown above, bearing the Offeror's name and address and clearly marked as follows: "RFP F-OI-39-A: Commingled Recyclables Processing" 4. CONTENTS OF PROPOSALS Proposals shall contain only information relevant to the SCOPE OF WORK as set forth. Proposals shall be organized in individual sections, corresponding with the following section titles. Proposals shall include all of the following information: WORK PLAN AND METHODOLOGY: Offeror shall describe offeror's method for addressing each of the following areas: 1. Describe in detail the location where the City's Commingled Recyclable Collection Trucks will physically transfer material to the offeror. Provide information regarding the method that the vendor shall use to record each truck's weight of material delivered, the one-way street miles the facility is from the City Yard located at 182 South Sierra Way. Provide copies of applicable land-use permits, Solid Waste Facility Permits and insurance certificates. If the facility where the commingled materials are delivered is physically separated from the facility where it is processed, please describe how the material will be transported, including tonnage per load, frequency of transport, route followed, number of trucks to be used and whether the transportation is within offeror's equipment or subcontracted vendors. 2. Describe a list of the commingled materials processed, how the commingled material will be processed, the ton per day capability of each processing line, and any quality control procedures used to ensure that the highest volume of material will be recovered for sale. Provide copies of applicable land-use permits, Solid Waste Facility Permits and insurance certificates. 3. Describe the methodology used to prepare and market the materiaIs for sale, including the percentage and annual tonnage of each recovered material that go to southern California markets, to domestic markets within the United States, and to overseas or international markets. Offeror shall describe any pricing strategies, including percentage of revenues to be shared with the City, and the source and frequency of any published market indices that shall be used to establish market prices. Copies of the most recent published market indicies shall be included in the Appendix. PLEASE NOTE: OFFEROR'S SHALL NOT INCLUDE ANY COST OR PRICING DATA WITIIIN THE BODY OF THE PROPOSAL. 4. Describe the method for which the offeror will use to handle hazardous wastes discovered during material processing. The City's promotional material contains educational material on proper disposal of household hazardous waste through the County's drop off program,. and commercial small quantities through the County's CESQG program. Hazardous waste, if encountered, will be properly disposed of through contractor's own arrangements. Disposal of spoiled or rejected materials other than household hazardous waste will be the responsibility of the contractor. 5. The City has entered into a Waste Disposal Agreement with the County of San Bernardino that requires the City to dispose of all waste, including residuals resulting from the processing of commingled recyclables at a San Bernardino County Disposal Site. Offeror shall describe how residuals sha11 be handled including transportation methods, proposed landfills to be utilized, one-way miles from offeror's facility to proposed landfill and any alternative disposal arrangements in the event that the primary landfill becomes unavailable. If the vendor's processing facility is not physically located within San Bernardino County, the vendor sha11 describe a methodology in which an equivalent tonnage of waste equal to the residual amount is disposed at a County facility. PROJECT ORGANIZATION AND STAFFING: Describe the corporate and operational arrangement of the company. Specific infonnation to be included in the proposal is: (I) Length of time that company existed; (2) Description of the type of ownership, such as corporation, partnership, etc (3) Resumes of key staff responsible for marketing materials and supervising overall plant operation, such as chief operations officer, plant manager, or other upper level management staff; (4) Organizational chart showing proposed or actual staff levels; RELATED EXPERIENCE: Describe recent and relevant experience of the finn in processing and marketing recyclables under contract with governmental jurisdictions or private waste handling firms within the past five years. Include name of jurisdiction or waste hauling company, communities served, length of contract, services rendered and point of contact. COST: Offeror shall submit a separate sealed envelope with cost and pricing data. For the purpose of evaluating prices paid for recyclable materials, and costs relating to processing, transportation and residual disposal, two (2) tables are provided and are to be completed by offeror for each period. TABLE ONE includes a list of materials that the City currently processes and the tonnage of each material as processed in Calendar Year 1999. The offeror shall complete this table completely as set forth and shall not modify this table through the addition of other information. TABLE 1WO shall include the minimum floor prices for each commodity. 5. AcceDtance of Pro Dosa Is a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror responding to this RFP. c. The City reserves the right to postpone proposal opening for its own convenience. d. Any proposal submitted to the City becomes the property of the City upon passage of opening deadline. Said proposal will not be returned to offeror unless it is withdrawn by offeror prior to opening deadline. G. Pre-Contractual EXDenses Pre-contractual expenses are defined as expenses incurred by the Offeror in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to City; 3. negotiating with City any matter related to this proposal; or 4. any other expenses incurred by the Offeror prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror in the preparation of its proposal. Offeror shall not include any such expenses as part of its proposal. H. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award an Agreement. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected Offeror(s) should negotiations with the selected Offeror( s) be tenninated, to negotiate with more than one Offeror simultaneously, or to cancel all or part of this RFP. The City also reserves the "!lbt to aooortion the award amon!l two or more OtTerors. I. Acceotance of Order The successful Offeror will be required to accept a Purchase Order and/or a written Agreement in accordance with and including as a part thereof the published notice of Request for Proposals, including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order and/or Agreement. Award of any Purchase Order, Agreement and/or Contract is subject to approval by the Mayor and Common Council of the City of San Bernardino. I I SECfiON n. Scope of Services " I,; - Scope of Services The City desires a vendor who can: 1. Receive both residential and commercial loads of commingled recyclables 2. Process these loads in order to maximize the recovery rate of recyclables from each load 3. Market the processed commingled recyclables at the highest possible sales value 4. Share up to 100% of the revenue stream generated from the sale of commingled recyclables recovered from the City's material stream. Materials targeted may include but are not limited to aluminum, tin and bi-metal cans, brown, green and clear glass, clear and colored HOPE plastic, clear and colored PEr plastic, polystyrene plastic, and LDPE plastics, old corrugated cardboard (OCC), newspaper, white and colored ledger paper, other mixed papers, and textiles. 5. Processor shall specifically address the capabilities of accepting, processing, marketing, and reporting specifically telephone directories, amber PET, polycoated milk carton stock, LDPE and LLDPE film wrap and bags, PS and expanded polystyrene (BPS). 6. Provide for Saturday hours in order to accept loads of segregated materials from scheduled Free Dump Days and neighborhood clean-ups, when necessary. 7. The City reserves the right to haul either compactor or open-top roll-off loads of recyclable materials to processors or recycling centers other than the designated contractor when requested by a customer in order for the customer to receive payment for those material. The processor may maintain the capability of providing for buy-back of such materials and direct payment to the customer for those materials, when feasible. A copy of the City's 1999 Solid Waste Diversion Report is attached for information as to the mix and quantity of materials recovered. The City is looking for a processor with a minimum of five years operational and marketing experience to process the commingled recyclable materials collected. The actual processing facility that will handle City collected materials shall be an existing facility as of the proposal due date. The City reserves the right to modify any agreement to allow for future processing, if, in the opinion of the City, such processing will result in a cost efficiency or higher price paid for the collected materials. The City desires to enter into a two-year agreement with three one-year options up to a maximum five (5) year period for the processing and marketing of this commingled recyclables stream. The City may, as part of its process of evaluating proposals, elect to tour vendor's facility for processing commingled recyc1ables. SECQON m. . PROPOSAL CONTENT AND FORMS II ..... " l~ m. PROPOSAL AND PRICE FORMS A. PROPOSAL FORMAT AND CONTENT 1. Letter of Transmittal A Letter of Transmittal shaII be included with the proposal, addressed to Carol Doemner, and must, at a minimum, contain the following: a, identification of Offeror, including name, address and telephone; b. proposed working relationship between Offeror and subcontractors, if applicable; c. acknowledgment of receipt ofall RFP addenda, ifany; d. name, title, address and telephone number of contact person during period of proposal evaluation; e. a statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal; and f. signature of a person authorized to bind Offeror to the terms of the proposal. 2. ExcentionslDeviations State any exceptions to or deviations from the requirements ofthis RFP, segregating "technical" exceptions from "contractual" exceptions. Where Offeror wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Annen dices Information considered by Offeror to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Offerors are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REOUIREMENTS By submitting a proposal, offeror warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by offeror, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in offeror's proposal. Proposals lackinl!: copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be reiected. C PROPOSAL FORMS Offeror shall complete the Price Form in its entirety including: I) all individual tasks listed and total price; 2) basis on which prices are quoted; and 3) Offeror's identification information including a binding signature. Offeror shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. :1 I I Ii PRICE FORM (To be submitted in a sealed envelope separate from proposal documents) REQUEST FOR PROPOSALS: RFP F-01-39-A DESCRIPTION OF WORK: Commingled RecycJables ProcessinB, OFFEROR'S NAME/ADDRESS: NAMEfrELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ANNUAL PURCHASE ORDER Upon approval and award by the Mayor and Common Council of the City of San Bernardino, effective on or about January 27, 2001 through January 26, 2003 plus three single year option renewals, for City's requirements, on an as-needed basis, with no guaranteed usage for Commingled Recyclable Processing. Option year one, if exercised, shall be effective January 27, 2003, through January 26, 2004. Option year two, if exercised, shall be effective January 27, 2004, through January 26, 2005. Option year three, if exercised, shalt be effective January 27, 2005, through January 26, 2006. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information on the forms provided below, and any other incidental or additional costs required to complete the requirements of the General Specifications, Scope of Services and Content of Pro posals . Are there any other additional or incidental costs which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes I No . (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications which cannot be met by your firm. _ Have you included in your proposal all informational items and forms as requested? Yes I No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable (30) days. % days; unless otherwise stated, payment terms are: Net thirty In signing this proposal, Offeror warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: FAX: IF NOT SUBMITTING AN OFFER, PLEASE STATE REASON(S) BEWW: NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFP F-01-39-A. Business Name Business Address Signature of offeror X Place of Residence Subscribed and sworn before me this day of ,20 . Notary Public in and for the County of , State of California. My commission expires ,20_. SECTION IV. EVALUATION AND AWARD SECTION IV. EV ALUA TION AND AWARD A. EVALUATION CRITERIA Proposals will be evaluated for the most suitable combination of terms from the following list of factors: 1. Location and capacity of facility where the City will physically transfer materials to the offeror. 2. List of materials processed and processing methods. 3. Markets for materials and methods for preparing and marketing, including methods to ensure highest revenue to the City. 4. Residuals disposal and hazardous waste handling. 5. Company experience. 6. Net income or cost to the City. B. EVALUATION PROCEDURE The City will evaluate each proposal based on a standardized ton of material based on Calendar Year 1999 Solid Waste Diversion Report for residential and commercial (attached). In addition, the City will evaluate distances to each Offeror's facility based on starting point from the City's Corporate Yard located at 182 South Sierra Way. The City will take the information provided by the Offeror in Tables 1 and 2 in order to calculate the final cost per ton for purposes of comparison. C. AWARD City staffwiII submit to the Mayor and Common Council, for consideration and selection, the offer judged by staff to be the most competitive. The City reserves the right to withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any Offerors responding to this RFP. The City expressly reserves the right to postpone proposal opening for its own convenience, to waive any informality or irregularity in the proposals received, and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. 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"'''' - ~ .. ..'" g 5:8; - ~ 0 .. ..m ~ mm c: ~CD :.., A.u. m ~.. ;; i~ iil ~~ ~ o ~ ~ ~ II ~ IU~H Uiiu n.lhl ~lIap a ..- ~ 01 00, ... ~m~~ ~ b:g ~ 0 ~ ..- Ut (It..."at lD ~m"'Cb ;: .IIt.....:-'~ 8 ~8 g ~ ~ ..'" :a _8l:e>>g it C;:~~P' 8 ~~ ~ 8 ~ ..- 0) fO)"<>> i f~~tl t!l l1i!l~:gg ..- 0) 1r..J-Cb m ~Ul~~.... ~ =~~oo ~ .. ...'" 0 .. . 0 ::I~U!;; ;:8ig~Cj ~ m o .lit. ....16 CDut...... 'I!Io A~~~ c:;; :--"P:....;", ~ o~~o- "V ;u .._ 0 S (J)gc.~ ill I:~,,;;l 0 ~ ~8~~g ~ ..~ ~ ~~.Ot fA r..Jg~~;:t & ~ig~ft~ ..- fJ Ot~~~ ~ QlQ;l;"'l:""" ~ o~~!o ..- g _eO)~ ~ 2te~~ m ~~ ~ g 8 ..~ (J) CDW...... CD fDf!........ ~ UlCJ)!D~ ~ o~ ~ 8 8 ~ O:~~ & NCOf.,)-.... ..., :!';:t:t~~ ~ ~!a!aS~ 00 00 ,...:;:: ,...:;:: mm !:l~ -0 O:i> z,... ~ " m m ! ~ :0 ~ . . . ~ s! c. O' ;e! 1:1 iiI! IJ i! r !'l ..... c: z ..... c: r- ~ G) '" m ... o ~ z ~ o m (') - Cl ~ '" \1 '" ", SECTION V. GENERALSPE~CATlONS ."t\ GENERAL SPECIFICATIONS 1. Each proposal shall be in accordance with Request for Proposals (RFP) Number F-01-39-A. All specifications are minimum. Offerors are expected to meet or exceed these specifications as written, Offeror shall attach to proposal a complete detailed itemization and e"planation for each and every deviation or variation from the RFP specifications and requirements. Conditional proposals, or those that take exception to the RFP specifications and requircments, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all proposals and to award a contract to the offeror who best meets our requirements. This may include waiver of minor irregularities or discrepancies, or nonconfonnity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relcvant factors, including but not limited to, workmanship, accessibility of parts and service. known evidence of manufacturer's or offeror's responsibility and record. durability and known operational record ofproduet and suitability as well as confonnity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3, The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices offered. 4, Proposals shall be finn offers, subject to acceptance or rejection within 90 days of the opening thereot: 5, Regular dealer. No offeror shall be acceptable who is not a reputable manufachlrer, dealer or provider of services of such items as submitted for proposal consideration. 6. Alt materials, wolkmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must confonn to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are .!!l!! acceptable. 7, Each offeror shall SIIbmit with his proposal a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in SIIfficient detail to elearly describe the equipment, materials, services and parts offered. 8, Manufachlrer and/or Contractor (Contractor) shall defend any and all Sllils and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article fonning a part of equipment or any ,tern furnished under the contract. 9. Each offeror must state in his proposal the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the wolk continuously and diligently and shall deliver the offered items at the earliest possible date following the award of the contract 10. Eaeh offeror shall list in his proposal all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall SIIbmit such written documents evidencing the same attached to the proposal. 11, Contractor shall furnish and deliver to the City complete equipment and/or services as proposed and awarded. ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid), and shall include all discounts. Offer shall include California sales tax, where applicable, computed at the rate of 7.75% (this will nonnally be shown as a separate line item on the price fonn). 13, City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the offeror's priced invoice. 14, Alt "standard equipment" is included in any offer. Offerors furnishing proposals under these specifications shall SIIpply all items advertised as "standard" equipment and/or services even if SIIch items are not stipulated in the specifications. unless otherwise clearly excepted in the proposal. 15. The items which the offeror proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or ilems have been specifically outlined in these specifications or not. 16. Contractor delivering equipment and/or services pursuant to this RFP specifications shall guarantee that equipment and/or services meet specifications as set forth herein. If it is found that equipment and/or services delivered do not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17, By submitting a bid. each offeror agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes. injunctions, government controls, or by reason of any cause or circumstance beyond the control of the contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purehasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19, Contract. Each proposal shall be submitted and received with the understanding that acceptance by the City of San Bernardino of proposal in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor \0 furnish and deliver at the prices offered and in complete accordance with all provisions of RFP No. F-OI-39-A. In most cases the basis of award will be the City's standard purchase order that mayor may not incorporate this solicitation by reference. 20, Prohibited interest. No member, officer. or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthennore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conllict ofinterest under Article 4( commencing with Section 1090) or Article 4.6 (commencing with Section I t20) of Division 4 of Tille I of the Government Code of the State of California. 21. One Docuinenl. These specifications, the notice inviting proposals, RFP F-O 1-39-A, the contractor's proposal, the written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all modifications of said documents shall be construed together as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be perfonued by the contractor, whether specifically set out in the contract or not. All sections of the specitications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be constmed as applying \0 all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all proposals. 23, Prompt payment. Each offeror may stipulate in the proposal a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(lO) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed \0 be made on the date of mailing of the City check. NOTE: prompt payment discountJ wiD only be used during bid evaluation in the case of ties. 24, Inquiries. Direct all inquiries to Carol Doemner at 909-384-5548. Technical questions may be sent via fax \0 909-384-5043. The answers to material questions will be provided to all potential offerors. 25, Proposa1lPrice forms. No proposal will be acceptable unless prices are submitted on the pricing fonus furnished herein, the pricing fonns are submitted in a separate sealed envelope, and all required fonus are completed and included with proposal. Deliver all proposals. signed and sealed \0 the Purchasing Division. Finance Department at 300 North "D" Street. 411> Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE SPECIFICATION TITLE AND NUMBER (F-ll1-39-A) ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All proposals must be received in the Purchasing Division no later than 3:00 PM, PST on December 21, 2000 where at such time and said place proposals will be publicly opened, examined and declared. Any proposal may be withdrawn by offeror prior to the above scheduled time for the opening of proposals, Any proposal received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its onn discretion to award separate contracts for each category, or to award multiple contracts. or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28, Equipment. In the purchase of equipment, Contractor shall be required to furnish one (I) OPERATORS MANUAL and one (I) PARTS MANUAL for all equipment offered. 29. In submitting a proposal to a public purchasing body, the offeror agrees that if theproposal is accepted, it will assign to the purchasing body all rights. title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods. materials, or services by the offeror for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the offeror. 30, CONTRACTOR shall indemnify, defend and hold City, its officers, employees and agents hanntess from any claim. demand, liability, suit, judgment or e.xpense (including, without limitation. reasonable costs of defense) arising out of or related to Contractor's perfonnance of this agreement, except that such duly to indemnifY, defend and hold hannless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. 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 "attorney's fees" for the purposes of this paragraph. 31, While not restricting or limiting the foregoing, during the tenn of this Agreement, Contractor shalt maintain in effect policies of comprehensive public, general. and automobile liability insurance, in the amount of $ 1,000.000 combined single limit, and statutory worl<er's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any worl< under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are tenninated or materially altered. 32. F AITIIFUL PERFORMANCE BOND. Not required, The Contractor will be required to furnish a cashier's check, certified check or faithful perfonnance bond made payable to the City of San Bernardino in an amount equal to 100% of the proposal price to insure the contractor's faithful perfonnance of this contract. Said surety shall be subject to the approval of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of "A" or better. 33, Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34, City may, at its discretion, exereise option year renewals for up to 5 years, in one year increments. 35, By submitting a proposal, offeror warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in perfonning under the scope and specifications of this RFP are currently held by offeror, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in offeror's proposal. ProDosals lackiD!! cODies and/or Droof of said liceDseJ and/or certifications mav be deemed non-resDonsive and mav be reiected, ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 2 -.s "0 \ Item # 20 Resolution # Vote: Ayes I - "I Nays e- Abstain.f'r Change to motion to amend original documents: '200\-34 Absent .& Reso. # On Attachments: 1 Contract term: ;l ~/2.S -t 6YR.!. Note on Resolution of Attachment stored separately: ---=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: N ull/V oid After: 1-1001 110 D () A "Is, See Attached: -= I-I~ Date Sent to ~or: L -10--0 I Date of Mayor's Signature: .1- x-a I Date of Clerk/CDC Signature: d- 'x;. (I \ Reso. Log Updated: V Seal Impressed: / Date Memo/Letter Sent for Signature: ~. q -a \ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ~ Date Returned: ;)-.;10--0 \ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CTIY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By Yes No ./ By Yes No ./ By Yes No v By Yes No/ By Copies Distributed to: City Attorney ,/ Parks & Rec. Code Compliance Dev. Services EDA Finance MIS Police Public Services ~ Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File: I'lli Date: d-JO-a\