HomeMy WebLinkAbout05.H- Public Works RESOLUTION (ID# 1237) DOC ID: 1237 I
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 10/17/2011
Prepared by: James Keezell, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
Execution of a Professional Services Agreement with Republic Services of Southern California,
LLC, Pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3, to Allow
Republic Services of Southern California, LLC to Provide Commingled Recycling and
Commercial Recycling Processing.
Financial Impact:
There is no impact to the General Fund nor the IWM Division.
Recommended Motion:
Adopt Resolution.
Synopsis of Previous Council Action:
None.
Background:
On November 6th, 2006, the City entered into a Professional Services Agreement with Burbank
Recycling Inc. (BRI) to process recycling materials for the City. Burbank Recycling remits a
payment to the City based upon the overall percentage of curbside recycling materials processed.
The agreement with BRI is not an exclusive agreement to process recycling and the City
currently does not have another agreement in place with an additional processor, thus limiting
the City's operational options. The City currently has multiple disposal options for refuse and
green waste through the County landfill system and private service providers, creating
operational flexibility. However, the City currently only has the option with BRI for the
processing of recyclable materials.
Republic Services of Southern California, LLC is willing to enter into an agreement with the
City under the same terms of the current agreement with BRI to process curbside and
commercial recycling, and remit payments to the City based upon the overall recycling
percentage (Attachment A). The City's current disposal agreements for all commodities expire in
December 2012 and City staff anticipates releasing a Request for Proposal which will address all
of the City's disposal requirements.
Updated: 10/12/2011 by James F.Penman I
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Staff is recommending that the Mayor and Common Council of the City of San Bernardino
authorize the execution of a Professional Services Agreement with Republic Services of
Southern California, LLC, pursuant to San Bernardino Municipal Code Section 3.04.010
Paragraph B3, to allow Republic Services to provide commingled recycling and commercial
recycling processing.
City Attorney Review:
Note: Neither Resolution Nor Vendor Sevices Agreement Has Been Signed Off on by the City
Attorney at This Point.
Supporting Documents:
RESOLUTION AUTHORIZING REPUBLIC RECYCLING AGREEMENT (PDF)
AGREEMENT-Republic Recycling-Exhibit A (PDF)
2006 Recycling RFP. Exhibit B (PDF)
Republic Response-Exhibit C(PDF)
Updated: 10/12/2011 by James F.Penman I
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL
3 SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN 3
4 CALIFORNIA, LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE
SECTION 3.04.010 PARAGRAPH B3, TO ALLOW REPUBLIC SERVICES OF E
5 SOUTHERN CALIFORNIA, LLC TO PROVIDE COMMINGLED RECYCLING AND a
COMMERCIAL RECYCLING PROCESSING. Q
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7 WHEREAS,the City has an existing non-exclusive Professional Services Agreement with
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Burbank Recycling Inc. (BRI)to process recycling materials for the City; M
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WHEREAS,pursuant to San Bernardino Municipal Code Section 3.04.0 10 Paragraph B3,the
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City would like to enter into one or more Professional Services Agreements to process recycling; c
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12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS: F
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SECTION 1. That the Mayor and Common Council authorize execution of the Professional w
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14 Services Agreement attached hereto as Exhibit"A"with Republic Services of Southern California,
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LLC,pursuant to San Bernardino Municipal Code Section 3.04.0 10 Paragraph B3,to allow Republic Z
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Services of Southern California,LLC to provide commingled recycling and commercial recycling v
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18 processing.
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19 SECTION 2. The authorization to execute the above-mentioned Agreement is a
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20 rescinded if the parties to the Agreement fail to sign it within sixty(60) days of the passage of
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21 this resolution. R
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH REPUBLIC SERVICES OF SOUTHERN CALIFORNIA,
3 LLC, PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 3.04.010 3
PARAGRAPH B3,TO ALLOW REPUBLIC SERVICES OF SOUTHERN CALIFORNIA,LLC
4 TO PROVIDE COMMINGLED RECYCLING AND COMMERCIAL RECYCLING
5 PROCESSING.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting 0
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thereof,held on the day of , 2011,by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ U)
12 JENKINS
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13 BRINKER 2
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14 SHORETT
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KELLEY z
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17 JOHNSON w
18 MCCAMMACK
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20 Rachel G. Clark, CMC, City Clerk 0
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The foregoing resolution is hereby approved this day of , 2011. W
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24 Patrick J. Morris, Mayor o
City of San Bernardino
25 Approved as to form: N
26 JAMES F. PENMAN,
City Attorney
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By:
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Exhibit A
Form of Agreement
PROFESSIONAL SERVICES AGREEMENT FOR
PROCESSING RECYCLING MATERIALS
THIS AGREEMENT is made and entered into this 17th day of
October , 2011 ("Effective Date"), by and between the CITY OF SAN a
BERNARDINO, a municipal corporation ("City"), and Republic Services of Southern 4)
California, LLC, a limited liability company ("Contractor").
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WITNESSETH:
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WHEREAS, The Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 ("AB 939"), incorporated into the a
California Public Resources Code as Section 40000 et seq., has declared that it is in the c
public interest to authorize and require local agencies to make adequate provision for
the disposal of Solid Waste within their jurisdictions; and
WHEREAS, City and Contractor are mindful of the provisions of the laws N
governing the safe collection, transport, recycling, and disposal of Solid Waste,
including AB 939 (as amended), the Resource Conservation and Recovery Act V
("RCRA"), and the Comprehensive Environmental Response, Compensation and c
Liability Act ("CERCLA"). City and Contractor desire to leave no doubts as to their .N
respective roles and to memorialize that by entering into this Agreement. City is not
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thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, a
and that it is Contractor, not City, who is "arranging for" the disposal, composting, and
recycling of Recyclable Material which may contain hazardous substances; and further x
to confirm that Contractor has agreed to indemnify the City in connection with any w
claims relating to the inadvertent or intentional disposal of hazardous materials that may c
occur in connection with Contractor's performance under this Agreement.
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WHEREAS, City and Contractor understand and agree that it is Contractor, and
not City, who will take title to the Recyclable Materials, that City has not, and, by this
Agreement does not, instruct Contractor on its methods of performing the duties under
this Agreement. Any title in and to such Recyclable Materials that otherwise might exist
in or with City in the absence of this Agreement is hereby transferred to Contractor. w
WHEREAS, Contractor has agreed, as part of this Agreement, to provide such LU
services as are necessary to ensure City complies with the requirements of Public
Resources Code Section 40000, et seq. a
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WHEREAS, City proposes to have Contractor perform the services described in
the City's Request for Proposal and incorporated herein by reference; and
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WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
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WHEREAS, City and Contractor desire to contract for specific services in
connection with the Recycling of Recyclable Materials and desire to set forth their rights,
duties and liabilities in connection with the services to be performed; and
WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and a
conditions contained herein, the parties hereby agree as follows:
SECTION 1.00 RECITALS 3
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The Parties acknowledge the above recitals are true and correct and incorporate d
them herein as if they were fully restated.
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SECTION 2.00 DEFINITIONS =
Whenever any term used in this Agreement has been defined by Division 30,
Part 1, Chapter 2 of the California Public Resources Code, or Chapter 8.24 of the City
of San Bernardino Municipal Code, the definition of such term set forth therein shall N
apply unless the term is otherwise defined in this Agreement. The terms defined herein
shall have the meaning set forth in this Agreement. Otherwise, the terms herein shall
have their ordinary meaning. c
2.1 AB 939. "AB 939" shall mean the California Integrated Waste Management Act '
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of 1989, currently codified as California Public Resources Code Section 40000 et a
seq. as it may be amended from time to time. r
2.2 City. "City" means the City of San Bernardino, a municipal corporation. w
2.3 Contractor. "Contractor" shall mean Republic Services of Southern California,
LLC, the entity entering this Agreement with the City, or any party permitted
pursuant to the terms hereof to become the successor or assignee thereof.
2.4 Effective Date. "Effective Date" shall mean October 17, 2011.
2.5 Hazardous Waste. "Hazardous Waste" means (i) all waste defined or w
characterized as hazardous waste by the federal Solid Waste Disposal Act (42 2
U.S.C. § 3251 et seq.), as amended, including the Resource Conservation and LU
Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) and all future amendments
thereto, or regulations promulgated thereunder and (ii) all waste defined or a
characterized as hazardous waste by the principal agencies of the State of
California (including without limitation the Department of Health Services and the E
California Waste Management Board) having jurisdiction over hazardous waste
generated by facilities within such state, provided that the term "Hazardous a
Waste":
A. Is intended to mean and include those substances that are not normally
expected to be disposed of by generally accepted sanitary landfill disposal
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methods;
B. Shall include radioactive wastes; and
C. Shall be construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by two or more
governmental agencies having concurrent or overlapping jurisdiction over _
hazardous waste.
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2.6 Municipal Code. "Municipal Code" shall mean the "San Bernardino Municipal
Code" of the City of San Bernardino
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2.7 Recycling. "Recycling" means the process of collecting and turning used
products, including, but not limited to, newspapers, cans, corrugated cardboard d
and bottles, into new products by reprocessing or remanufacturing them.
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2.8 Recyclable Material. "Recyclable Material" or "Recyclables" shall mean all Solid =
Waste, garbage, trash, refuse, construction and demolition debris, and any other
Solid Waste which is capable of being recycled.
2.9 RFP. "RFP" means the City's Request for Proposal attached hereto as Exhibit N
"A" and incorporated herein as though set forth in full.
2.10 Response. "Response" means Contractor's response to honor terms of the o
current agreement in place with Burbank Recycling Inc. to process curbside and N
commercial recycling and remit payments to the City based upon the overall
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recycling percentage. a
3.0. SERVICES PROVIDED BY CONTRACTOR
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3.1 Scope of Services. Contractor shall provide the services described in
Contractor's Response. Specifically, Contractor shall collect City's recyclable material
at a designated location, acceptable to the City, transport the material for processing at
an approved recycling facility, and dispose of non-recyclable residue at an approved
County of San Bernardino disposal facility per the Waste Delivery Agreement, which
Contractor expressly acknowledges. d
Contractor will accept materials for recycling from the City's recycling Program serving w
single-family residences and commercial accounts. 2
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Contractor will provide a facility at the location specified below for Off-loading City
recycling trucks. The facility will be available to begin accepting materials by November a
1, 2011. The designated facility is:
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Republic Services of Southern California, LLC
3059 E. Steel Road a
Colton, CA 92324
Unloading Time/Truck Turn-around Time—Each City recycling truck entering the
Contractor's facility shall have a maximum of 15 minutes turnaround time from the time
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the truck arrives at the facility until the time the truck exits the facility. The 15-minute
turnaround time shall apply under all circumstances.
The Contractor shall either provide separate scales, ingress and egress from their
facility or otherwise accommodate City vehicles to avoid queuing City vehicles behind
self-haul trucks
Contractor shall provide a means to avoid "stacking" of recycling trucks on public streets
as they enter their facility(s). Contractor shall provide City trucks preference over the Q
general public to facilitate off-loading efficiencies and turn-around time.
Accounting System — Contractor shall design an accounting system for all 3
Recyclable Materials delivered by City trucks. The accounting system must be
developed by the Contractor and approved by the City prior to program start-up. E
Commingled materials on City trucks shall be accounted for based on factors derived
from periodic sampling, separate processing, or by other means as agreed to by the a
City, to establish factors for the percent of each material.
The Contractor shall comply with all Federal, State and local regulations that apply to
recyclable materials delivered to them by City recycling trucks under the terms of this
agreement. N
Unmarketable Materials — In no case shall the Contractor take any City delivered W
recyclable materials to a disposal facility unless permission in writing is provided by the c
City on a load-by-load basis. If the Contractor can demonstrate that a material is not 2
marketable, such permission shall not be unreasonably withheld. This provision does
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not apply to residue that is incidental to processing recyclables. a
Contractor will provide for alternative off-loading methods in the event of reasonable X
down —time due to repair and maintenance of equipment. Contractor shall maintain w
adequate space to stockpile recyclable materials during such reasonable down time for c
acceptance of material without a break in service. "Reasonable down time" shall be
defined as less than one day each operating month.
Contractor shall be responsible for disposal of residue, which shall be in compliance
with the WDA, from processing of City recyclables at no charge to City.
Contractor's facilities shall be open to receive materials from City trucks Monday w
through Saturday, year round. Facilities shall be open to receive City materials from 2
6:30 a.m. to 5:00 p.m. w
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Contractor shall provide an area for tipping of City vehicles separate from the general a
public. Contractor shall provide spotting of City trucks in areas at their facility with tight
maneuverability. _
Contractor shall allow the City's representatives to inspect their facilities during normal a
business hours to assure compliance with the service agreement.
With the exception of what is recognized by the recycling industry as "residue" or
"contaminants", Contractor agrees to divert all materials from landfill delivered to them
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by City recycling trucks.
Contractor shall provide use of a phone to City employees in the event a City driver
needs to contact their supervisor regarding City business.
Contractor shall provide paved surfaces for all areas where City trucks will operate at
their facility. All ingress and egress from the Contractor's facility shall be paved.
Contractor shall make reasonable accommodations to provide tours of their facilities to Q
the public upon request by the City's representative.
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The City will not furnish facilities or equipment for this Agreement. 3
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3.2 Equipment. Contractor shall furnish all labor, materials and equipment E
necessary to perform the services contemplated by this Agreement.
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3.3. Professional Practices. All professional services to be provided by
Contractor pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence
and skill ordinarily exercised by professional Contractors in similar circumstances in
accordance with sound professional practices. Contractor also warrants that it is familiar N
with all laws that may affect its performance of this Agreement and shall advise City of
any changes in any laws that may affect Contractor's performance of this Agreement.
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3.4 Restriction on Manner of Collection. In order to ensure City complies with y
the provisions of AB 939, and to accurately account for and report the amount of Solid
Waste including Recyclable Material collected within the City Limits and processed, a
recycled and/or disposed pursuant to this Agreement, City Recyclable Material shall not
be commingled with any other Recyclable Material until City Recyclable Material has X
been weighed and/or accounted for in some other manner. w
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3.5 Pursuit and Manaqement of Grants. Contractor shall assist City in
pursuing grants and other funding as may become available for recycling, public d
education and other recycling related programs. Contractor shall manage any such
funding obtained, and implement any programs that may be funded, if requested to do
so by City, and shall be entitled to compensation for such management services if the
funding in question may be utilized to so compensate Contractor.
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3.6. Warranty. Contractor warrants that it shall perform the services required 2
by this Agreement in compliance with all applicable Federal and California employment w
laws including but not limited to those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers' a
compensation insurance and safety in employment; and all other Federal, State and
local laws and ordinances applicable to the services required under this Agreement. t
Contractor shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and a
description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Contractor's performance under this Agreement.
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3.7. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this
provision may result in the imposition of penalties referred to in Labor Code, Section
1735.
3.8. Business License. Contractor/Consultant/Vendor warrants it possesses, a
or shall obtain, and maintain during the term of this Agreement a business registration
certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and
all other licenses, permits, qualifications, insurance and approvals of whatever nature 3
that are legally required of contractor/consultants/vendor to practice its profession, skill
or business. E
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3.9. Delegation and Assignment. This is a personal service contract, and the a
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City. Contractor may engage a subcontractor(s) as
permitted by law and may employ other personnel to perform services contemplated by
this Agreement at Contractor's sole cost and expense.
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3.10 Duty to Notify City. Contractor acknowledges that it has a duty pursuant to
this Agreement to notify the City of any charges, accusations, or lawsuits commenced
or instituted by the California Department of Resources, Recycling and Recovery (aka c
"Cal Recycle"), the State of California, the Attorney General, and any other similar N
regulatory agency. This duty to notify the City shall extend to and include investigations
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by the applicable regulatory agency prior to any formal action being taken. a
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4.0 CITY RESPONSIBILITIES
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4.1 Access to City Documents. City shall provide to Contractor access to all
information and documents in City's possession that are relevant and material with
respect to Contractor's performance of this Agreement.
4.2 Access to City Owned Property. City will provide access to and make
provisions for Contractor to enter upon City-owned property as may be required by a
Contractor to perform the services contemplated by this Agreement.
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5.0. TERM, TERMINATION AND CURE 2
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5.1. Term. This Agreement shall commence on the Effective Date and end on CD
December 31, 2012, unless previously terminated as provided herein or as otherwise a
agreed to in writing by the parties. Subject to the provisions herein, this Agreement may
be renewed for up to three (3) successive one (1) year terms. Such renewal will be E
deemed automatic unless this Agreement is sooner terminated as provided for
hereinafter, or upon written notice of intent not to renew given by City at least 90 days a
prior to the expiration of this Agreement, or any renewal period thereof.
5.2. Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
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contemplated by this Agreement, with or without cause, at any time, by providing thirty
(30) days written notice to Contractor. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
5.3. Cure. In the event Contractor defaults in the performance of any of the
terms or conditions of this Agreement or fails to conform to the rules, and regulations, or _
any of the directions or instructions that may be properly made by City in the exercise of
its powers, or fails, neglects or refuses to pay the consideration of any part thereof a
within 30 days after the same shall become due, or becomes unable to fulfill its
obligations under this Agreement, or defaults in the performance of any of the other w
terms or provisions therein required, City shall have the following options without any 3
further notice or authorization from Contractor, and its choice of any option shall in no
way waive its rights to select any other option at any time. d
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5.3.1 City may give Contractor notice of such default. If the Contractor a
does not cure said default within 30 days after it was first
discovered (forthwith for a default involving any condition involving
safety) or make reasonable progress to cure said default
(reasonable progress to be determined at City's sole and absolute
discretion), City may terminate this Agreement on a date of its N
choice.
5.3.2 The acceptance of all or part of recycling revenues by City for any c
period after a default shall not be deemed a waiver of any of these A
options, nor a waiver of the default of any subsequent default of the
same or any other term, covenant and condition. Any waiver by a
City of a default on the part of Contract shall not be construed as,
or constitute a waiver of, any subsequent default of the same or
any other term, covenant and condition. w
5.4.2 In the event City defaults in the performance of any of the terms or
conditions of this Agreement, and if a written notice of such default
is issued to City by Contractor by registered mail, and if City does
not cure said default within thirty (30) days of receipt of said notice
or makes reasonable progress in curing such default, then w
Contractor may immediately terminate this Agreement, and recover
at law any and all claims which may be due. Z
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5.4 Compensation. In the event of early termination, Contractor shall pay City w
compensation for all Recyclable Materials delivered by the City as of the date of
termination. a
5.5 Documents. In the event of termination of this Agreement, all writings
prepared by Contractor in its performance of this Agreement including, but not limited
to, data, reports and materials as may have been accumulated by Contractor in the a
performance of this Agreement, shall be delivered or otherwise made available to City
within ten (10) days of Contractor's receipt of termination notice, at no cost to City. The
term "writings" shall be construed to mean and include: handwriting, typewriting,
printing, photographing, electronic communication, and every other means of recording
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upon any tangible thing any form of communication or representation, including letter,
works, pictures, drawings, sounds, or symbols, or combinations thereof. City shall have
full ownership and control of all such writings delivered by Contractor pursuant to this
Agreement.
6.0. COMPENSATION AND ACCOUNTING
6.1. Revenue Calculation. Revenue calculation shall be calculated as set
forth below: Q
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Contractor will pay City $15 per ton less a 40% weight deduction for residual.
Example: If the City delivers 1500 tons during a given month to Contractor the following 3
year-one calculation will apply: 1500 tons less 40% = 900 tons x $15 per ton = $13,500
net payment. At the end of 60 days, a waste characterization will be performed that will E
potentially increase the Contractor payment to the City. If the said waste ;v
characterization demonstrates that the City's residual reduces to 30% or below, the a
Contractor's payment to the City increases from $15 per ton to $20 per ton. If the said 0
waste characterization demonstrates that the City's residual reduces to 25% or below,
the Contractor's payment to the City increases from $15 per ton to $22.50 per ton. If the
said waste characterization demonstrates that the City's residual reduces to 20% or W
below, the Contractor's payment to the City increases from $15 per ton to $25 per ton. If M
the said waste characterization demonstrates that the City's residual reduces to 15% or
below, the Contractor's payment to the City increases from $15 per ton to $30 per ton. If
the said waste characterization demonstrates that the City's residual reduces to 10% or o
below, the Contractor's payment to the City increases from $15 per ton to $40 per ton. U)
Quarterly waste characterizations and potential per ton price change will happen upon 0
mutual agreement by both parties. At no time during the contract will the Contractor
charge the City or increase the residual deduction to more than 40%. a
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The parties agree that the characterization of 40% residue is material to this
Agreement and that the City relied on such characterization in entering into the
Agreement. Contractor shall be responsible to perform periodic characterizations in
accordance with best management practices. The City's representatives shall observe W
any future characterizations. Any recalculation of revenue from subsequent 2
characterizations shall not result in the Contractor charging City for receipt of material, Q
nor shall such characterization cause the level of residue to exceed 40%. In no event,
shall the value of the City's material, net of residue disposed, be less than $zero ($0).
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6.2 _Payment to City. Contractor shall pay the Compensation for the preceding w
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month to the City no later than thirty (30) calendar days from the end of each month.
Payments to the City will include California Redemption Value applicable to curbside a
Recycling programs.
6.3 Late Payments. Interest on amounts past due will be assessed at the rate
of 1.5% per month. :°
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6.4 Monthly Summary Reports. Contractor will provide the City with a monthly
report on the overall amount of Recyclable Materials delivered by the City recycling
trucks. Monthly Invoices shall reflect the established percentages of each commodity
type. Contractor shall submit the weight tickets and monthly summary report to the City
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within thirty (30) calendar days following the end of each month.
6.5. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the
City or its Project Manager, prior to Contractor performing the additional services,
approves such additional services in writing. It is specifically understood that oral
requests and/or approvals of such additional services or additional compensation shall _
be barred and are unenforceable.
6.6. Records and Audits. Records of Contractor's services relating to this
Agreement shall be kept on a generally recognized accounting basis and shall be made
available to City or its Project Manager for inspection and/or audit at mutually 3
convenient times for a period of three (3) years from the commencement of this
Agreement. Contractor shall maintain books and accounts of all project related weights E
by material type. Such records shall be available at all reasonable times for examination
by the City at the office of Contractor. a
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7.0. TIME OF PERFORMANCE
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7.1. Commencement of Work. The professional services to be performed
pursuant to this Agreement shall commence within five (5) days from the Effective Date N
of this Agreement.
7.2. Excusable Delays, Neither party shall be responsible for delays or lack of o
performance resulting from acts beyond the reasonable control of the party or parties. A
Such acts shall include, but not be limited to, acts of God, fire, strikes, material
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shortages, riots, acts of war, or any other conditions beyond the reasonable control of a Q
party.
8.0. INSURANCE w
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8.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages: d
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million ($1,000,000.00) z
Dollars per occurrence and Two Million ($2,000,000.00) Dollars, 2
aggregate. w
(b) Automobile liability for owned vehicles, hired, and non-owned a
vehicles, with a policy limit of not less than One Million
($1,000,000.00) Dollars, combined single limits, per occurrence and =
aggregate.
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(c) Workers' compensation insurance as required by the State of
California.
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8.2. Endorsements. The comprehensive general liability and automobile
liability insurance policies shall contain or be endorsed to contain the following
provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and contract _
with City."
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice r
is given to City." 3
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(c) Other insurance: "Any other insurance maintained by the City of d
San Bernardino shall be excess and not contributing with the
insurance provided by this policy." a
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8.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described
above, in a form and content approved by City, prior to performing any services under
this Agreement. N
8.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which `o
Contractor may be held responsible for payments of damages to persons or property. N
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9.0. GENERAL PROVISIONS a
9.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any w
and all other prior writings and oral negotiations. This Agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification. The
terms of this Agreement shall prevail over any inconsistent provision in any other
contract document appurtenant hereto, including exhibits to this Agreement. W
9.2. Representatives. The City Manager or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents,
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approvals, directives and agreements on behalf of the City, called for by this w
Agreement, except as otherwise expressly provided in this Agreement. 2
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Contractor shall designate a representative for purposes of this
Agreement who shall be authorized to issue all consents, approvals, directives and a
agreements on behalf of Contractor called for by this Agreement, except as otherwise
expressly provided in this Agreement. _
9.3. Project Managers. City designates the Public Works Director to act as the a
Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and
be its agent in all consultations with City during the term of this Agreement. Contractor
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or its Project Manager shall attend and assist in all coordination meetings called by City.
9.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. If such
communication is sent through regular United States mail, it shall be deemed served or
delivered 48 hours after deposit in the U.S. Mail as reflected by the official U.S. _
postmark. In all other instances, notices, bills, and payments shall be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the Q
person to whom notices, bills, and payments are given by giving notice pursuant to this
paragraph. r
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IF TO CONTRACTOR: IF TO CITY:
Republic Services of City of San Bernardino
Southern California Public Works Director
3059 E. Steel Road 300 North "D" Street a
Colton, Ca 92324 San Bernardino, CA 92418-0001 c
Attn: Peter Sterenberg Attn: Nadeem Majaj
9.5. Attorneys' Fees. In the event that litigation is brought by any party in M
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the o
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement
shall be considered as "attorneys' fees" for purposes of this Agreement.
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9.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without regard to principles of conflict of laws. w
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9.7. Venue. The parties hereto agree that all actions or proceedings arising in
connection with this Agreement shall be tried and litigated either in the State courts
located in the County of San Bernardino, State of California or the U.S. District Court for
the Central District of California. The aforementioned choice of venue is intended by
the parties to be mandatory and not permissive in nature. a
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9.8. Assignment. Contractor shall not voluntarily or by operation of law assign, z
transfer, sublet or encumber all or any part of Contractor's interest in this Agreement LU
without City's prior written consent. Any attempted assignment, transfer, subletting or w
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encumbrance shall be void and shall constitute a breach of this Agreement and cause
for termination of this Agreement. Regardless of City's consent, no subletting or a
assignment shall release Contractor of Contractor's obligation to perform all other
obligations to be performed by Contractor hereunder for the term of this Agreement. In E
the event of mutual agreement between the parties to sublet a portion of the services to
be performed pursuant to this Agreement, Contractor shall add the subcontractor as an a
additional insured to Contractor's insurance policy and provide City with the insurance
endorsements prior to any work being performed by the subcontractor. Assignment
does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
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9.9. Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify, save and hold harmless City and its elected and appointed officials, officers,
and employees from any and all claims, liabilities, expenses, including attorney fees,
damage to property or injuries to or death of any person or persons or damages of any
nature including, but not by way of limitation, all civil claims or workers' compensation
claims arising out of or in any way connected with the intentional or negligent acts, _
errors or omissions of Contractor, its employees and/or authorized agents or .2
subcontractors in the performance of this Agreement. a
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9.10. Employment Indemnification. Contractor expressly waives all rights to Y
subrogation against City, its Officers, employees and volunteers for losses arising from 3
work performed by Contractor for City by expressly waiving Contractor's immunity for
injuries to Contractor's employees and agrees that the obligation to indemnify, defend E
and hold harmless provided for in this Agreement extends to claims brought by or on
behalf of any employee of Contractor. The parties mutually negotiate this waiver. This a
shall not apply to any damage resulting from the sole negligence of City, its agents and =
employees.
9.11. Hazardous Substances Indemnification. Without regard to any insurance
coverage or requirements, and without limiting the above general indemnification N
obligation in any way, Contractor specifically agrees to and shall, to the maximum
extent permitted by law, defend (with counsel acceptable to City) reimburse, indemnify,
save and hold City and its past and present officers, council members, employees, c
consultants and agents (hereinafter "Indemnified Parties") harmless from and against y
any and all claims, actions, liabilities, damages, demands, judgments, losses, costs,
liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and a
all other losses, damages, fees and expenses of whatever kind or nature ("Claims")
(including but not limited to response costs, investigative costs, assessment costs, x
monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and w
similar costs, damages and expenses) that arise out of or are alleged to arise out of or
in any way relate to any action, inaction or omission of Contractor that:
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(a) results in any demand, claim, notice, order, or lawsuit, asserting
that any Indemnified Party is liable, responsible or in anyway obligated to investigate,
assess, monitor, study, test, treat, remove, remediate, or otherwise cleanup, any
Hazardous Contaminant (as defined herein); or
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(b) relates to material collected, transported, recycled, treated or
disposed of by Contractor. W
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Contractor's obligations pursuant to this Section shall apply, without limitation, to: a
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(a) any Claims brought pursuant to or based on the provisions of the E
Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 a
U.S.C. § 9601 et seq., the California Hazardous Substances Account Act (California
Health & Safety Code Sections 25300 et seq.), the California Hazardous Waste Control
Laws (California Health and Safety Code Sections 25100 et seq.), the California Porter-
Cologne Act (California Water Code Section 13000 et seq.), and any and all
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amendments and regulations thereto, and any other Federal, State, regional or local
environmental statutory or regulatory provision;
(b) any Claims based on or arising out of or alleged to be arising out of
the ownership, use, lease, sale, design, construction, maintenance or operation of
Contractor of any facility;
(c) any Claims based on or arising out of or alleged to be arising out of
the marketing, sale, distribution, storage, transportation, disposal, processing or use of Q
any materials recovered by Contractor;
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(d) any Claims based on or arising out of or alleged to be arising out of 3
any breach of any express or implied warranty, representation or covenant arising out of
or in connection with this Agreement. E
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The foregoing indemnity shall apply irrespective of the negligence or willful a
misconduct of Contractor or any affiliate of Contractor. 0
For purposes of this Section, the term "Hazardous Contaminant" shall mean any
"hazardous material," as that term is defined under California Health & Safety Code
Section 25501(1); any "hazardous substance," as that term is defined under California N
Health & Safety Code Sections 25281(f), 25501(e), 25501.1 and under Title 42, Section
9601(14) of the United States Code; any "hazardous waste," as that term is defined
under Title 42, Section 6093(5) of the United States Code and under California Health & c
Safety Code Section 25550(m); any chemical which the Governor has identified as a 'N
chemical known to the State to cause cancer or reproductive toxicity pursuant to '
California Health & Safety Code Section 25249.8; any crude oil or refined or unrefined a
petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-
containing material. The term "Hazardous Contaminant" shall also include any and all k
amendments to the above-referenced statutory and regulatory provisions made before w
or after the date of execution of this Agreement. 0
The provisions of this Section shall not terminate or expire and shall survive the
termination or expiration of this Agreement.
9.11. Independent Contractor. Contractor is and shall be acting at all times as
an independent contractor and not as an employee of City. Contractor shall secure, at X
his expense, and be responsible for any and all payment of Income Tax, Social z
Security, State Disability Insurance Compensation, Unemployment Compensation, and
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other payroll deductions for Contractor and its officers, agents, and employees, and all w
business licenses, if any are required, in connection with the services to be performed
hereunder. a
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9.12 Public Records Act Disclosure. Contractor has been advised and is aware E
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, a
and provided to City may be subject to public disclosure as required by the California
Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to
public disclosure may be those documents or information that qualify as trade secrets,
as that term is defined in the California Government Code Section 6254.7, and which
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Contractor informs City of such "Trade Secret." "Confidential," or "Proprietary" status.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as proprietary. The City shall not, in any way, be liable or responsible for the
disclosure of any such records including, without limitation, those so marked if
disclosure is deemed to be required by law or by order of the Court.
9.13. Confidentiality. All findings, reports, information and exhibits prepared or _
assembled by Contractor in connection with the performance of its professional services
pursuant to this Agreement are confidential and Contractor agrees that they shall not be a
made available to any individual or organization without the prior consent of City.
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9.14. Responsibility for Errors. Contractor shall be responsible for its work and 3
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any E
services rendered under this Agreement at no additional cost to City. In the event that 2
an error or omission attributable to Contractor occurs, then Contractor shall, at no cost a
to City, provide all necessary design drawings, estimates and other Contractor =
professional services necessary to rectify and correct the matter to the sole satisfaction
of City and to participate in any meeting required with regard to the correction.
9.15. Prohibited Employment. Contractor will not employ any regular employee N
of City while this Agreement is in effect.
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9.16. Order of Precedence. In the event of an inconsistency in this Agreement c
and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If y
and to the extent this Agreement incorporates by reference any provision of the RFP or
the Response, such provision shall be deemed a part of this Agreement. Nevertheless, a
if there is any conflict among the terms and conditions of this Agreement and those of
any such provision or provisions so incorporated by reference, this Agreement shall
govern over both the Response and the RFP and the Response shall govern over the w
RFP. c
9.17. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
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9.18. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or z
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement. w
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9.19. Headings. Paragraphs and subparagraph headings contained in this a
Agreement are included solely for convenience and are not intended to modify, explain
or to be a full or accurate description of the content thereof and shall not in any way z
affect the meaning or interpretation of this Agreement.
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9.20. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed
as if drafted jointly by the parties and in accordance with its fair meaning. There shall
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be no presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
9.21. Amendments. Only a written amendment executed by the parties hereto
or their respective successors and assigns may amend this Agreement.
9.22. Waiver. No waiver of any provision of this Agreement shall be effective _
unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought. The waiver of any right or remedy in respect Q
to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing r
waiver. 3
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9.24. Severability. If any provision of this Agreement is determined by a court of E
competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof a
or of the offending provision in any other circumstance. _
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9.25. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. N
9.26. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on c
behalf of said parties and that by doing so, the parties hereto are formally bound to the 2
provisions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written. w
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CITY OF SAN BERNARDINO, CONTRACTOR
A municipal corporation
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Patrick J. Morris, Mayor Thomas J. Vogt, President w
City of San Bernardino Republic Services of Southern California, LLC 2
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Rachel G. Clark, City Clerk a
City of San Bernardino
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APPROVED AS TO FORM: a
James F. Penman, City Attorney
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EXHIBIT "A"
CITY'S REQUEST FOR PROPOSAL
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EXHIBIT "B"
RESPONSE
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Page 17 of 17
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.2006-395
EXHIBIT A
CiTY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
TO PROVIDE
COMMINGLED RECYCLIING PROCESSING
AND
COMMERCIAL RECYCLING PROCESSING
INTRODUCTION
The City of San Bernardino provides residential, commercial and roll-off collection services. The City
operates a curbside commingled recycling program serving approximately 40,000 residences within the
city limits. Currently, the City provides automated collection of commingled recyclables in 90-gallon Z
containers. Container collection includes some small businesses and multi dwelling units. The City
provides commercial recycling services to 168 accounts. Another 200 accounts are considered to be rich Q.
in recyclable material. Refuse is disposed under the Sari Bernardino County Waste Delivery Agreement,
with Mid-Valley Landfill in Rialto as the designated disposal site.
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This RFQ and Bid Proposal will be used to select one or more service providers to process the City's
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collected commingled recycling materials,commercial recycling and selected commercial materials. E
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PROJECT DESCRIPTION a
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One or more selected service providers will be required to execute a service agreement with the City. S
Under the terns of the agreement,the selected service provider will process specified materials from the
City's recycling programs; and will transfer and dispose of program residue. The Selected service
providers will be required to return to the City revenue from sales of recovered materials.The Local
Enforcement Agency for Sari Bernardino County may require selected providers to obtain one or more N
Solid Waste Facility Permits to provide transfer station or materials recovery services. Selected service
providers will be responsible for obtaining and paying for all required permits, including local land use m
approvals and Solid Waste Facility Permits; and for operating in compliance with the permits.The term
of the agreement will be for seven(7)years with three(3)single-year renewal options. x
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PROPOSAL SUBMISSION PROCEDURES AND REQUIREMENTS
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Organizations interested in submitting a proposal shall submit five (5)copies of their proposal to: _
Solid Waste Manager
City of Sari Bernardino
to
234 South Mountain View Avenue G
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San Bernardino,CA 92408 N
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All proposals and copies of proposals shall be submitted on recycled content paper-, with at least 30% E
post-consumer content.
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BIDDER'S CONFERENCE
The Bidder's Conference will be held on Thursday,November 10,2005. The location for the Bidder's
Conference will be the Public Services Conference Room "A". 4`I' Floor at 300 North"D" Street, from
2:00 P.m, to 3:30 p.m. City will accept bids only from those bidders who have attended the Bidder's
Conference.
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'Questions will be answered regarding the RFQ and Bid Proposal at the Bidder's Conference so that all
prospective bidders will hear the same response to any questions or explanations of this RFQ and Bid
Proposal.
Do not contact any City employees, Commissioners,or Elected Officials regarding this project or the
selection process. Questions regarding the RFQ and Bid Proposal shall be asked at the Bidder's
Conference or submitted in writing in conformance with the stated deadlines. Bidders will be asked to
certify that they did not contact any City employees, Commissioners, or Elected Officials regarding this
project or the selection process other than in writing to the Solid Waste Manager.Any bidder found by
the City to have violated this prohibition will be disqualified from bidding,and the City will not
consider its Bid Proposal further.
SELECTION PROCESS
A. The City will rank all proposals received to determine whether bidders are
qualified based upon information provided during this process.
B. The City will deliver a load to the highest qualified bidders, and observe r
processing operation. 3
C. The City will then initiate negotiations with the qualified firm or firms proposing
the greatest revenue,to be offset by off-route collection costs. E
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D. Table I (see attached)will be used as a score sheet for the evaluation of the m
qualifications of bidders. Q
E. Qualified proposals will then be ranked based on projected revenue per"A"
above.
F. All applicants will be notified in writing of the selection.
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AWARD OF CONTRACT
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An agreement will be negotiated following final selection of a bidder or bidders. If the City and the
selected bidder or bidders are unable to negotiate satisfactorily, acceptable to both parties, the next ranked m
bidder will be contacted and so on until an agreement is reached.
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CITY'S RIGHTS,OPTIONS, AND POLICIES a
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The City reserves the right to postpone selection and award of contract for its own convenience,to cancel c
this RFQ and Bid Proposal at any time, and/or to reject any and all proposals for any reason in its sole and
exclusive discretion.
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The City highly encourages participation by local qualified firms in all aspects of service contracting c
unless the project requires unusual or highly specialized services. N
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PROPOSAL CONTENT E
To facilitate evaluation of the proposals received, all proposals must conform to the chronology and
content described below; Q
A. All bidders must indicate their willingness to sign the attached Service Agreement(Exhibit
A). Any deviation in a proposal from the language in the Service Agreement must be
explained in detail. Substantial differences in language or terms between a proposal and the
Service Agreement may result in rejection of the proposal. The City reserves the right to
negotiate minor modifications of the language contained within the attached agreement upon
selection of the service provider. Exhibit A of the attached agreement contains the Scope of
Services.
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2006-3.95.B All proposals must indicate the physical location of their facility or facilities that will be used
for off-loading of City vehicles and for processing material. Proposals will include the
distance in miles from their facility or facilities to the City Refuse Yard (234 South Mountain
View Avenue).
C. Proposals will include an up-to-date list of references and contacts for which similar work has
been performed. The list should include a mailing address, contact person and daytime phone
number.
D. Proposals will identify the designated project managers, their work location and provide a
resume for principal employees assigned to work on the project.
E. Proposals will address the issue of regulatory compliance related to proposed facility or
facilities.The bidder shall provide documentation of all necessary permits and clearances
related to their proposal.Any violations documented by enforcement agencies(e.g.,the Local
Enforcement Agency,Air Quality Control District, Regional Water Quality Management
District,etc.) shall be disclosed and addressed. Con)pliance with any request for a change in 0
operation by an enforcement agency or Notice and Order shall be discussed. Q-
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F. The bidder will discuss any future plans for a permit change or application as related to the
acceptance of materials from the City's recycling program. The proposal will include a
schedule for obtaining necessary permits and clearances related to their proposal.The 3
proposal also should address the impact of planned improvements on materials processing.
G. Bidders will disclose any indictments or litigation history related to their company, partner or, d
subsidiary arising out of the performance of a materials processing contract or violation of
laws, regulations or permits. Provide details of any litigation against the bidder, its parent a
company ar joint venture company(s) by a government entity; or against a government entity =
by the bidder, its parent company or joint venture company(s).
14. Bidders will prepare bid sheets based on the City's estimated annual recovery.
1. Bidders are free to propose any combination of pricing methodologies. For example, propose
to establish a price index that is adjustable. Adjustable fees may include but are not limited to r�
the following examples: N
i. Average door price based on specific facilities
it, Adjustable prices based on a recognized index m
iii. Shared,verifiable revenue in combination with a processing fee
J. Utilizing the proposed methodology,bidders shall calculate the total payment to the City for w
the period 7/1/04-6/30/05. Bidders shall provide sufficient documentation to demonstrate
accuracy of calculations regarding hypothetical payments to the City under the proposed LL
payment methodology. Bidders shall make themselves available to clarify proposed payment
methodology. Bidders shall make themselves available to clarify proposed payment
methodology upon request by the City's Representative.
K. Bidders will assume recovery of materials at the levels enumerated in Table A. The bidder
should also assume contamination by weight of 25% in preparing bids.The table below
should be used to calculate revenue paid to the City on an annual basis: o
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Professional Services Agreement For Processing Recycling Materials 9-05 Drali I
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2006-395
STMATED ANNUAL RECOVERY
Material Ions Recovered
Newsprint 3483.18
CC 1662.32
Mixed Paper 4072.19
Office Pack 47.91
Green Glass 2.32
Brown Glass 35.12
Clear Glass 92.59
Mixed Glass 903.7
HDPE Mix Color 123.51
HDPE Clear 118.85
PETE 195.27
Scrap Metal 228.11 aCL
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Steel Cans 105.61
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luminum 33.61 3
otal 11144.29 c
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L. Proposals will be disqualified unless there is a clear means of calculating revenue. Estimated
revenue shall be linked to a verifiable market index,a flat fee, or some other documented a
methodology. Bidders shall observe the following guidelines in preparing bids: a,
i. Calculations based on quarterly or monthly indexes should assume that the"Cons S
recovered are equal for each index period. >+
ii. Bids will be compared based on an assumption of 25%residue. Bidders shall
indicate any changes in the pricing affecting net revenue based on either
increases or decreases in the percentage of residuals. N
M. The bidder must include a physical drawing of their facility indicating the following:
i. Trace the flow of City vehicles through the facility m
ii. Scales to be used by City vehicles
iii. Material sorting lines and screens x
iv. Floor storage w
V. Residue load-out n;
vi. Balers
N. The bidder will address the adequacy of their facilities to perform the services described by
Exhibit A of the attached agreement.At a minimum,this section shall address the following S
issues.
i. Description of sorting equipment and procedures
ii. Maneuverability of City trucks through the facility including ingress and egress c
iii. Staging of City trucks and estimate of maximum time to off-load materials °,
iv. Clearance and width of scales in regard to City trucks
V. Expandability of processing lines to include increased collection of materials
O. The bidder will indicate their willingness to accept and divert the following materials
collected by the City's recycling programs:
i. All grades of paper Q
ii. All glass containers
iii. All plastic containers
iv. Steel, bimetal and aluminum cans
P. Additional material diversion should be identified, including:
i. fines
ii. mixed plastic
iii, construction materials
iv. carpet
V. textiles
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EVALUA'T'ION OF RFQ AND BiD PROPOSAL
This RFQ and Bid Proposal is a two-part process. The table below will be used to determine whether a
bidder is qualified.The lowest score represents the least responsive and the highest score represents the
best score a proposal can earn within a respective category. A score of less than 75 will result in a
determination that the bidder is unqualified to perform the services required by the City Agreement.
Qualified bidder will then be ranked based on proposed revenue(to be offset by off-route collection costs)
to the City.
RITERIA POSSIBL SCORE
E SCORE
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WILLINGNESS TO SIGN ATTACHED SERVICES
AGREEMENT 5 w
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REFERENCES 10 c
QUALIFICATIONS AND EXPERIENCE 20 E
PERMITS, CLEARANCES AND REGULATORY
OMPLLIANCE _ 15 a
LITIGATION HISTORY 10 _ t
PHYSICAL FACILITIES _ 40
TOTAL _ 100
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Explanation of Criteria
A. A bidder with the least substantive modifications to the City Agreement will receive the m
highest score in this category.
B. A reference check will be conducted for each bidder. X
C. Selection Committee Members will evaluate bidders based on their qualifications and w
experience performing similar project work. LL
D. A bidder that demonstrates possession of necessary permits,clearances and regulatory
compliance will receive the highest score. Selection Committee Members will also give c
preference to existing, permitted facilities vs. proposed facilities.
E. The questions below will provide the selection committee with guidance in their evaluation of
proposed facilities:
i. Is the flow of vehicles through the facility efficient? o
ii. Does the facility provide for adequate clearances and turning radius to N
reduce the possibility of damage to either property or City vehicles? m
iii. Does the facility provide for maneuverability and good line of sight? E
iv. Can City vehicles enter and exit quickly, 0
V. Is the facility sized and designed for expansion and processing of
increasingly commingled waste streams? Q
vi. Is the facility design flexible enough to accommodate various vehicle
configurations and designs?
vii. Is the facility designed to maximize diversion through the processing of
additional material types?
viii. Does the facility design and processing capabilities maximize diversion?
5
Professional Services Agreement I-or Processing Recycling Materials 9-05 Draft I
Packet Pg.97
2006-395 XX
... Ranking of Qualified Bidders
Qualified bidders will be ranked based on a comparison of proposed revenue to be offset by the City's
calculation of collection cost.The proposal representing the greatest revenue to the City will receive the
highest rank. Cost and revenue will be calculated based on the following:
A. Total revenue calculation.'['he total revenue will be calculated for each
proposal.Tile total revenue will be calculated based on utilizing the proposed
methodology for the period 7/1/04-6/30/05.
B. Collection cost.Collection cost represents the cost associated with the off-route
travel time for the seven-year term of the contract.
C. Collection central. For the purpose of this RFQ and Bid Proposal,collection
central of the City will be 234 South Mountain View Avenue.
D. Frequency.As to how many recycling trucks will go to each facility based on
the distance traveled. During the period 7/01/04--6/30/05,the City delivered
2,987 residential and commercial loads for processing. a.
E. Floor Price.The City will not consider proposals that result in a net cost to the
City for processing and recycling materials.The"Floor Price"or minimum price
paid to the City for acceptance of materials collected in the City's automated 3
r
recycling collection program shall not be less than$0.00 during any given month
of the term of the agreement. Proposal of a higher floor price is acceptable. E
d
L
DISQUALIFICATION OF PROPOSALS a
as
E
A bidder failing to meet the following conditions will be disqualified from consideration:
A. Proposals must conform to the required deadline. Bidder must submit five(5)copies of their
proposal.
B. Proposals shall be submitted on recycled paper,with at least 30% post-consumer content.
C. The Contractor must accept all materials for off-loading City vehicles at the same location(s).
N
Under no circumstances will the City agree to tip part of a truckload at one facility and then
part of the same load at a second facility. m
D. Proposals will be disqualified if the cost section includes the possibility of the City paying the
bidder for acceptance of materials. M
E. Proposals will be disqualified if the proposed methodology for calculating lacks specificity w
for comparative purposes. o-
F. Proposal will be disqualified if the proposal does not indicate acceptance and diversion of all
materials currently included in the City's recycling collection program.
G. At the discretion of selection committee members,a proposal may be disqualified if it is
considered fatally flawed in any section.That is, a proposal may score highly in all categories
except one section,but if that section is essentially unresponsive to the City's needs,the
proposal may be disqualified. c
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Q
6
Processional Services A.-recment For Processing Recycling Materials 9-05 Draft l
Packet Pg.98
Will
REPUBLIC
SERVICES
August 24, 2011 REPUBLIC SERVICES 0
SOUTHERN CALIFORNI
Mr. Jim Keezell
Integrated Waste Division Manager 2059 E.Steel Road
City of San Bernardino Colton,ca 923244008
300 North"D" Street Telephone(909)370-337;
San Bernardino, CA 92418
Facsimile(909)370-3285 w
Dear Mr. Keezell, wrna.disposalservices.net
3
E
Republic Services is providing this letter in response to your letter dated August 11,
2001,regarding processing of recycling material. Republic Services would be willing to a
enter into an agreement with the City of San Bernardino for processing recycling
materials under with the general terms of the sample Agreement you attached to your
letter.
d
All loads would be tipped and processed at the Inland Regional MRF&Transfer Station, M
a Republic Services owned facility, located at 2059 E. Steel Road, Colton CA 92324.
Additionally, Republic Services owns and operates the CVT Recycling Center located in v
Anaheim, California. If for any reason our facility in Colton experiences down time, we
will transfer the recycling material to our Anaheim facility and process it under the same x
terms. This redundancy in facilities will guarantee the City will not incur any
interruption to its collection programs. More importantly, there will be no impact to the =
solid waste operation since the City is currently tipping recycling loads at the Inland
Regional MRF &Transfer Station.
Republic Services is continually improving its' processing capabilities and we are
CL
confident we will be able to work with the City to reduce the residual rate below the all
current 40% characterization. I look forward to working with the City of San Bernardino cc
u
for the processing of recycling material. Please feel free to contact me if any additional
information is needed. E
Sincerely, Q
r�
Peter Sterenb rg
General Manager
Republic Services
909-370-3377 x3551 —Office
951-218-2172 - Cell
909-370-3285 - Fax
PRINTED ON RECYCLED PAPER
Packet P9'
g 99