HomeMy WebLinkAbout27 - Solid Waste Transfer & Materials Processing-RecyclingCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No: 27
May 13, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, (949) 644 -3055
mharmonAcity. newport- beach.ca. us
SUBJECT: Vendor Selection for Contract Negotiations for Residential Solid
Waste Transfer Services and Materials Processing /Recycling (MRF)
ISSUE:
Should the City Council select a vendor and direct staff to negotiate a ten -year contract
to provide residential solid waste transfer services and material processing /recycling
services?
RECOMMENDATION:
Direct staff to negotiate a ten -year contract with CR &R Inc. to provide residential solid
waste transfer services and material processing /recycling services.
DISCUSSION:
Background
On January 22, 2008, the City Council approved a contract amendment with CR &R Inc.
to continue processing the City's residential solid waste materials through June 30,
2008. The City currently transfers all solid waste collected by City equipment and
personnel to CR &R Inc. for processing and removal of recyclable materials. The
current contract requires a 25% diversion or recycling level of all materials delivered to
the facility. Staff recommended the extension with CR &R Inc. to allow time to include
the transfer /shipping of the materials, currently performed by City crews, to be included
in the specifications /request for proposals.
A copy of the January 22nd agenda report and minutes, and approved contract
amendment are attached.
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 2
Proiect Description /Scone of Services
The current contract for residential refuse processing services expires on June 30,
2008. The scope of work in the proposed contract includes full responsibility for
transportation of solid waste and recycling materials from the City Yard to the
contractor's processing facility. Once the recyclable materials (40% minimum) are
removed, the contractor will dispose of the residual materials in the Orange County
Landfill system. A copy of the Request for Proposal document is attached.
Experience has proven that a multi -year contract is the most cost - effective means to
have solid waste services performed for both the City and the contractor. The term of
the proposed contract is for ten years due to the large commitment of personnel and
equipment required to provide transfer and processing services. At the conclusion of
ten years, the City will hold an option to continue the agreement with five one -year
extensions. An annual CPI increase on the non - disposal portion of the contractor's
proposal is included after the 15t year of service and is capped at a maximum of 4% per
year. Disposal cost increases will be available based on County landfill increases, after
proof of such increase has been verified by City staff and approved by City Council.
Bid Process and Analysis
On April 11, 2008, a copy of the RFP was mailed. to each of the City's franchised
commercial solid waste haulers. Proposals were due to the City by Tuesday, April 291n
at 12 pm. Prior to this deadline, the City received three bids for transfer and processing
services from the following solid waste contractors:
• CR &R Inc.
• Rainbow Disposal, Inc.
• Waste Management of Orange County
During the analysis of the proposals, it was determined that CR &R Inc. and Rainbow
Disposal had used two different tonnage levels when determining their cost for transfer
services; CR &R Inc. used 20 tons per truck load and Rainbow Disposal used 22 tons
per truck load in their calculations. To ensure fairness, staff re- released the transfer, or
cost per load /trip, part of the RFP document and gave all three companies the
opportunity to adjust their transfer cost proposal based on a documented average
weight of 21.14 tons per truck load /trip. The companies could not change their bid on
the processing cost that they had submitted on April 29"n
The.adjusted proposals were due to the General Services Department on Monday, May
5, 2008, at 10am. Both.CR &R Inc. and Rainbow Disposal took advantage of the
opportunity to adjust their transfer cost proposals; Rainbow Disposal lowering their cost
by 519/6, and CR &R Inc. lowering their proposed cost by 67 %.
HI
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 3
Evaluation Criteria
As indicated in Section 16 of the RFP, costs /fees were not the sole criteria for award of
this agreement. Evaluation criteria for the proposals included the following categories;
responsiveness to the RFP, experience with MRF processing and transfer operations,
fee schedules /total cost, applicable permits and existing capacity, LEA and motor
vehicle safety records, and distance from City Yard to contractors processing facility (if
City retains transfer services).
Responsiveness to RFP Process
All three proposals were from very reputable solid waste companies in Orange County.
Each proposal was responsive to the requirements of the RFP.
MRF Processing and Transfer Station Operations Experience
CR &R Inc. provides solid waste collection and material recovery services to a
population in excess of 2.5 million "people, and 5,000 commercial establishments in
Orange, Los Angeles, Imperial, San Bernardino, San Diego, and Riverside Counties.
Their material processing efforts result in the recovery of more than 135,000 tons of
recyclable material each year.
At their Material Recovery Facility located in Stanton, CR &R Inc. has long -term
agreements for handling solid waste from the cities of Costa Mesa, Buena Park, La
Palma, County of Orange, Stanton, and Midway City. CR &R Inc. has also held the City
of Newport Beach materials processing contract since 1996, and is largely responsible
for the City's full compliance will all State waste diversion mandates (AB939).
Cost Information
Each proposal was required to complete two separate cost attachments- 1) Total Cost
per Load / Trip from City Yard to Processing Facility, and, 2) Total Cost per Ton for
Processing Materials (Base Processing Cost plus Disposal Fee). This was done to allow
City Council the option of selecting only the processing proposal and continue to
provide transfer services with City crews. As the following charts indicate, CR &R was
the lowest, responsive bid.
5
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 4
TOTAL COST PER TON
CONTRACTOR
TRANSFER
PROCESSING
COSTITON
1) Current Contract
$8.24 (City)
$44.06 (CR&R)
$5230
2) Waste Management
$6.23
$44.00
$50.23
3) City /Rainbow Disposal
$8.24 (City)
$37.00 (Rainbow)
$45.24
4) Rainbow Disposal
$2.91
$37.00
$39.91
5) CR&R Inc.
-$4.62 (pay)
$39.93
$35.31
COST PER TON: Assumes 21.14 tons per transfer station load/trip based on current 3 -month
Orange County Solid waste Enforcement Agency report submitted April 24, 2008.
TOTAL COST PER LOAD
CONTRACTOR TRANSFER PROCESSING
1) Current Contract $174.28 (City) $931.43 (CR&R)
2) Waste Management $131.74 $930.16
3) City /Rainbow Disposal $174.28 (City) $782.18 (Rainbow)
4) Rainbow Disposal $61.50 $782.18
5) CR&R Inc. -$97.63 (pay) $844.12
COSTITON
$1,105.71
$1,061.90
$956.46
$843.68
$746.49
COST PER LOAD: Assumes 21.14 tons per transfer station load/trip based on current 3 -month
Orange County Solid waste Enforcement Agency report submitted April 24, 2008.
�I
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 5
ESTIMATED ANNUAL CONTRACT COST
CONTRACTOR
ANNUAL COST
RECYCLING RATE
1) Current Contract"
$1,844,324.00
20%
2) Waste Management
$1,771,249.00
400
3) City /Rainbow Disposal
$1,595,375.00
40%
4) Rainbow Disposal
$1,407,258.00
40%
5) CR &R Inc.
$1,245,145.00
40%
"City Transfer with CR &R Processing
ANNUAL COST: Assumes 1,668 annual transfer station load/trips (35,262 tons) based on actual
tonnage reported to Orange County Solid waste Enforcement Agency report submitted April 24,
2008.
Applicable Permits and Existing Capacity
CR &R Inc. currently owns and operates a Material Recovery Facility (MRF) in the City
of Stanton. This facility is permitted to receive and process source separated
recyclables, mixed residential trash, green waste products, and construction and
demolition materials. The MRF facility currently processes materials from several
communities,, including the commercial materials and Newport Coast residential refuse
collected by CR &R Inc. trucks operating in the City of Newport Beach. CR &R Inc.
currently has a permitted daily capacity of 1,800 tons per day, with over 700 tons per
day of non- committed (non - contracted) tonnage capacity.
Local Enforcement Agency (LEA) and Motor Vehicle Safety Records
No reportable Areas of Concern (AOC) notices or violations in the past three years.
Optional Service Information
Both CR &R Inc. and Rainbow Disposal included "optional services" as part of their
proposals. Optional services included such items as the purchase of the City's existing
fleet of transfer equipment, use of the contractor's natural gas fueling facility, electronic
waste collection, transfer of C &D materials from the City Yard, and utilizing the excess
capacity in the City's transfer station.
5
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 6
Although not requested as part of the RFP process, Council may direct staff to include
discussion of these service enhancements as part of the contract negotiation process.
Financial Review
Funding for this agreement is included in the Fiscal Year 2008 -09 budget. The current
cost for solid waste processing /recycling services, based on the current per ton
processing charge of $44.06 (contract), and internal City services cost for the transfer
operation, is $1,844,324 per year. Based on the bid from CR&R Inc. of $39.93 per ton
processing, and a payment to the City of $97.63 for each load transferred, staff
estimates that the total cost for services will be $1,245,145 next fiscal year. This cost
represents a savings of approximately $600,000 per year, and approximately
$6,000,000 during the life of the agreement.
In addition to the ongoing operational savings listed above, staff has identified
significant one -time cost savings with the proposal from CR&R Inc. Currently, the
City's Equipment Replacement Reserve Fund includes $340,000 for the future
replacement of four transfer trailers and three tractor - trucks currently used in the City's
transfer operation. In addition to these funds, City staff would negotiate the sale of the
City's existing transfer equipment during the contract negotiation phase of this project.
CONTRACTOR ANNUAL COST
1) Current Contract $1,844,324
2) Waste Management $1,771,249
3) City /Rainbow Disposal $1,595,375
4) Rainbow Disposal $1,407,258
5) CR &R Inc. $1,245,145
Recommendation
Based on the evaluation of bids using the criteria above, City staff believes the proposal
from CR&R, Inc. will provide the best value for the City in terms of transfer costs and
materials processing fees.
Following City Council's direction to negotiate the terms of the contract with CR&R Inc.,
staff will enter into a 2 -week negotiation period to discuss the service level terms in the
agreement. During this period, both parties will have the ability to negotiate all terms,
with the exception of cost. Following the negotiation period, staff will return to the City
Council on June 10, 2008 for the final approval of the agreement and execution of the
contract.
0
Vendor Selection for Contract Negotiations for Residential Solid Waste Transfer
Services and Materials Processing /Recycling (MRF)
May 13, 2008
Page 7
Environmental Review:
This project does not require environmental review.
Public Notice:
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Legal Review
The City Attorney's Office has reviewed this report.
General Services Director
Revi ed by:
: C C.t
Aaron Harp
Assistant City Attorney
Attachments
1) January 22 City Council Staff Report including attachments
2) January 22 City Council Minutes
3) ggp
THIS PAGE
LEFT BLANK
INTENTIONALLY
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
January 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, General Services Director (949) 644 -3055
mh armon Ocity. newwport- beach.ca. us
SUBJECT: Contract Amendment with CR Transfer, Inc., for Processing th. e
City's Solid Waste Materials
ISSUE:
Should the City Council amend the current contract with CR Transfer, Inc. (CRT) to
extend the agreement four months, from February 28, 2008, to June 30, 2008?
iCl�itit�VjlIriDATION:
Approve the amendment to the current contract with CRT, extending the agreement
from February 28,2008, through June 30, 2008.
DISCUSSION:
On February 26, 1996, the City Council approved a Recycling Agreement with CRT, Inc.
Under this agreement, the materials collected by City crews from residential units shall
be delivered to the current CRT processing facility, in Stanton, CA. Once received, CRT
shall sort and remove recyclable materials to the extent of twenty-five percent (25 1%) of
the weight of all materials delivered by the City, to the facility. Following. the separation
of recyclable materials, the remaining solid waste shall be disposed of.by CRT at a
County landfill. The term of this agreement was six years, with automatic renewals
(commonly referred to as an "evergreen" or "rolling" contract). The new contract will
require a 40% diversion / recycling level consistent with the recent solid waste contract
for the Newport Coast residential community.
On March 14, 2005, the City sent written notice to CRT canceling the agreement
effective February 28, 2008 in order for the City to solicit competitive bids. During the
preparation of the specifications for this project, discussion ensued regarding the
transfer of materials from the City Yard to the processing facility, a function that is
currently being performed by City, staff and equipment: Several solid waste companies
Contract Amendment with CR Transfer, Inc., for Processing the City's Solid Waste Materials
January 22, 2008
Page 2
expressed an interest in performing the transfer activity in addition to processing the
solid waste collected by the City.
The City currently operates a 300 -ton per day (permitted capacity) transfer station
located in the General Services Corporation Yard. The City's refuse collection trucks
deposit the solid waste they collect from residential- units into large, 18 -wheel transfer
trucks for shipment to the CRT processing facility in Stanton. This operation requires
three full time sanitation employees; one (1) Transfer Station Operator and two (2)
Equipment Operators. The City also ownsloperates three tractor trucks and five trailers
used in the transfer operation.
Staff is recommending that the specificationlrequest for proposal for the processing of
the City's solid waste materials, include an option for the solid waste contractor to
perform the transfer and shipping of the materials from the City Corporation Yard to
their processing facility. This process will require analysis of the impact to current
staffing levels, cost analysis on current program compared to proposals received, and
hauler liability and indemnification issues. The "mechanics" of the program, including
the staging of transfer trailers in the City Corporation Yard and the disposal of surplus
equipment, will also need to be a part of any proposal to the City.
Due to the potential cost savings of contractin!
recommends exton'iing the current agreement witl
ek,tension.wjll allow time to include the transfer and
the specificationslrequest for proposals, identify firr
perform Cost, analysis on the proposals once thei
Council approval.
Environmental Review:
This action does not require environmental review.
Public Notice:
out the transfer operation, staff
CRT through June 30, 2008. This
shipping of the CVs solid waste n
is capable of providing this. service,
are received, and submit for City
This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Funds:
Funds were budgeted in this fiscal year for the processing of the City's solid waste
materials (Account #3150- 8250). This amendment will not impact the current operating
budget as only the term of the agreement is changing, and not the compensation to
CRT.
M
Contract Amendment with CR Transfer, Inc., for Processing the City's Solid Waste Materials
January 22, 2005
Page 3
Prepared by: Reviewers by: '
Mark Harmon Aaron Harp
General Services. Director Assistant City Attorney
Attachments:
(1) Amendment #1 To.Ag,reement With CR Transfer, Inc. For Processing Municipal
Solid Waste (Recyc{ing)
(2) Letter From.CR&R, Inc. — Recycling Agreement Extension
(3) Current Recycling Agreement with CR Transfer, Inc.
AMENDMENT NO. 1
TO AGREEMENT WITH CR TRANSFER, INC.
FOR PROCESSING MUNICIPAL SOLID WASTE (RECYCLING)
THIS AMENDMENT NO. 1 TO CONTRATOR AGREEMENT, is entered into this
22 "d day of January, 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation ( "CITY"), and CR TRANSFER, INC. (CRT), a California
Corporation, whose office is located at 11292 Western Avenue, California, 90680, and
is made with reference to the following:
RECITALS:
A. On February 26, 1996, CITY and CRT entered into an AGREEMENT in which
CRT was hired for processing the CITY'S residential waste stream; separating
recyclable material from solid waste, delivering the recyclables for sale, and
disposing of the unusable solid waste in a landfill (hereinafter referred to as the
"AGREEMENT").
B. Pursuant to Section 1, A of the AGREEMENT, the original term of the
AG1IU4ENS was six (6) years effective March 1, 1996 through February 28,
2002. On March 1, 2002, the AGREEMENT automatically renewed for a new six
(6) year term ending on February 28, 2008. Pursuant to the AGREEMENT,
unte ss notice is provided that the AGREEMENT is to be cancelled, the
AGREEMENT automatically extends for another six (6) year term.
C, On March 14, 2005, the CITY gave written notice to CRT that the AGREEMENT
would be cancelled effective February 28, 2008.
D. The purpose of this amendment is to amend the term of the AGREEMENT to
change the cancellation and termination date of the AGREEMENT from
February 28, 2008 to June 30,.2008, to allow staff additional time to consider
including transfer operations into a new contract.
E. CITY and CRT mutually desire to amend the cancellation and termination date,
hereinafter referred to as "AMENDMENT NO. 1, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Section 1, Term, Paragraph A, of the AGREEMENT is amended to read as
follows:
"The term of this AGREEMENT shalt commence on March 1, 1996 and
shall terminate on June 30, 2008. CRT acknowledges and agrees that:
(a) CRT received the notice of cancellation dated March 14, 2005
canceling the AGREEMENT effective February 28, 2008; (b) by providing
the March 14, 2005 notice of cancellation, the CITY fully met any and all
la
obligations it has pursuant to the AGREEMENT required to cancel and
terminate the AGREEMENT effective February 28, 2008; (c) CRT shall
have no right to continue service pursuant to the AGREEMENT, or
otherwise, beyond the term of this AGREEMENT as amended by
Amendment No. 1; and (d) the CITY shall not be required to provide any
additional notice under the .AGREEMENT to cancel and terminate the
AGREEMENT, or otherwise, as a result of the extension of the Term of
the AGREEMENT by and through this Amendment No. 1. CRT expressly
waives and releases any rights it may have under the AGREEMENT, this
Amendment No. 1, or otherwise, to continue to provide service$ beyond
the Term of this AGREEMENT, as amended by Amendment No. 1, and
CRT agrees that upon termination of this AGREEMENT on June 30,
2008, CRT will not contest CITY'S right to provide services or contract
with any person or entity pursuant to a Request for Proposal Process, or
otherwise."
2. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date. first above written.
APPI OVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
Attty. Mayor
for the City of Newport Beach for the City of Newport Beach
ATTEST: CR TRANSFER, INCORPORATED:
By:
LaVonne Harkless, (Corporate Officer)
City Clerk
Print Name:
By:_
(Financial Officer)
Print Name:
13
cr�sF3
January 7, 2008
Mr. Mark Harmon
Director of General Services
City of Newport Beach
General Services Department
592 Superior Avenue
Newport Beach, CaMomia 92663
Re: Recycling Agreement Extension
Dear Mr. Harmon:
Thank you for your telephone conversation today regarding your irlterests in
continuing with the recycling of the residential solid waste from the City ''of
NevwW Beach. Our understanding is that "you wish . to . analyze addi&dnal
information regarding these services with the potential of requesting proposals at
the end of this fiscal year.
The current Recycling Agreement was signed on February 26, 1996 and with
notice duty given; expires on February 28, 2008.
With this Letter, Cif Transfer, Inc. a division of CR&R Incorporated agrees to
extend this Agreement .through June 30, 2008 under the same / existing terms
and ieonditions: This includes freeOng the current Gate charged for.prdcesstng
the solid waste, and continuing the insurance and liability requirements throdgh
this time frame.
Should anything further be needed, please do not hesitate to call.
As always, it is a pleasure being of service to the.City of Newport Beach.
Respectfully,
Dean A. Ruffridge,
Senior Vice President
CR &R INCORPORATED
12739 LORANO ROAD
.SANTA FE SPRINGS, CA 90670
562.944.4716
562.9414.8516 Fax
WWW.CRRINC.MFi
F cYc Epaper
APP HOVLJ BY CITY COUNCR
RECYCLING AGREEMEN'T°A= : = 6 /
This AGREEMENT between the CITY OF NEWPORT BEACH (herein-
after referred to as the "CITY ") and CR TRANSFER, INC. (hereinafter referred to
as the "CRT"), dated this�Vhday. of �[)3r -�ete� 1996, for purposes of
identification, is made with reference to the f6llowing recitals:
RECITALS
A. The State Legislature has enacted laws that requires CITY to recycle
twenty-five percent (25 %) of its solid waste stream by December 31, 1995 and
fifty percent (50 %) by December 31, 2000, and the Newport Beach City Council
would like to meet the State mandates.
B. CRT is a California Corporation in the business of accepting solid
waste from public and private haulers at its Stanton Transfer Station, located at
11232 Knott Avenue, Stanton, California, ("CRT processing site ") separating
recyclable material from solid waste, delivering the recyclables for sale to users
of recycled material, and disposing of unusable solid waste in a landfill.
C. CITY entered into a Recycling Agreement dated March 23, 1990,
with CRT, which agreement will expire in September 2000. Paragraph XI of the
agreement provides that the agreement may be terminated by the mutual„_ .,.
consent of the Parties.
. I D. CITY is the only municipality in Orange County that is currently
using City staff to collect, haul, and dispose of solid waste generated by its
residents, the City Council has evaluated alternative programs designed to
satisfy State recycling requirements, and the City Council has determined that
CRT represents the most feasible method of satisfying these requirements.
E. CITY and CRT desire to terminate the Recycling Agreement dated
March 23,1990 and enter into this new AGREEMENT.
R CITY and CRT will each benefit from a new AGREEMENT in that
CITY will provide CRT with a substantial and dependable solid waste stream
and CRT will separate from that waste stream recyclable material in sufficient
quantity to satisfy CITY's recycling obligations. In addition, CRT will provide
additional protection, and benefits to CITY, such as indemnification from a
variety of liabilities, long term processing cost stability, a green waste recycling
program, service of various CITY waste containers, phone book and Christmas
tree recycling, rebates, and additional public education assistance, which were
not included in the agreement dated March 23, 1990.
l4
NOW, THEREFORE, the Parties agree as follows:
SECTION I
TERM
A. The term of this AGREEMENT shall be six (6) years effective on
March 1, 1996 through February 28, 2002. The term shall thereafter be.
automatically renewed for a new six (6) year. term on each. March 1st of
successive six (6) year periods beginning on March 1, 2002, unless otherwise
terminated pursuant to this AGREEMENT. The automatic renewal of any six (6)
year term of this AGREEMENT may be terminated by written notice of
cancellation of the renewal. Notice of cancellation of the automatic renewal may
be given by either party at anytime, without cause, and will cause this
AGREEMENT to terminate when the balance of the remaining six (6) year term
expires.
B. This AGREEMENT may also be terminated pursuant to Section XII
of this AGREEMENT or by mutual consent of the Parties.
SECTION H
AM USENTATIONS AND WARRANTIES
A. CITY warrants and represents that it has the right to, and does,.
collect, .haul and dispose of solid waste generated by the vast majority of
residential units, and some commercial.and industrial properties, within CITY.
CITY further warrants and represents that it will maintain, during the term of
this AGREEMENT and subject to budgetary constraints, manpower and
equipment sufficient to collect and haul solid waste generated within CITY.
B. CRT represents and warrants that it will maintain adequate space,
manpower, and equipment to perform the duties required of it pursuant to this
AGREEMENT. CRT further represents that it will actively seek markets for
recycled materials reclaimed from CITY solid waste stream such that CRT
continues to have a financial interest in performing the duties required by this
AGREEMENT.
2
SECTION iii
DUTIES OF CRT
CRT shall perform the following basic services:
A.. Maintain a solid waste transfer station at the CRT processing site in
the City of Stanton, or an equal facility no further from ClW, with adequate
space to accept all solid waste delivered by CITY, sufficient manpower and
equipment to separate recyclables from the waste stream and store recycled
material prior to shipment, without causing undue delays to Cm. Undue
delays are defined as delays of access to unloading of CI TY's solid waste at the
CRT processing facility greater than thirty (30) minutes per load.
B. 1. Sort through the waste stream delivered by CITY and remove
recyclable materials to the extent of twenty-five percent (25%) or more of the
weight of all materials in the waste stream.
2. On July 1, 1999, or such later date as CITY may designate in
writing, commence to sort and remove recyclable materials to the extent of fifty -
percent (50`x) or' xore of flie weight of all materials in the waste strearn, or such
vthei p0 IM4n as;i ay be eq�aireii, by CITY to comply with State Law. CrrY
w. si:.}caitdT six (6) months prior written notice of its intent to
irrtplment the fifty .percent (50'x) recycling rate.
C. After separation of recyclable materials, dispose of. the remaining
solid waste at a location and /or in a manner that fully complies with all relevant
local, State, and federal laws,.ruies and regulations. and this AGREEMENT.
D. Provide documentation, satisfactory to CITY and the County of
Orange, and as required by State law, attesting to the tonnage of solid waste
received from CITY and deposited in' a landfill. CRT shall also provide a
monthly recycling report which will include, at minimum, the total solid waste
tonnage, the amount of solid waste recycled by category, and the recycling rate.
E. If requested by CITY due to a mechanical breakdown of CM
refuse transfer .equipment, provide, on a temporary_ basis; refuse . transfer
equipment, and drivers, to transport CTTY refuse from Corporation Yard at 592
Superior Avenue, Newport Beach to the CRT processing facility. CITY will
compensate CRT under the provisions of Section V, Paragraph F.
F. In the event of a major CITY manpower or equipment stoppage
Mated . to CITY refuse collection activities, CRT will provide any available CRT
3 1,-�
resources to CITY on a temporary basis at the average Countywide monthly
residential collection rate.
G. CRT shall provide AB 939 education programs by providing up to
five (5) tours of their Materials Recovery Facility each year and preparing with
CITY staff concurrence, a recycling, household hazardous waste, and anti-
scavenging brochure for each residence on a biennial basis. CITY will provide
mailing labels. The brochure will be mailed by CRT within ninety (90) days of
written request by CITY. Costs to CRT shall not exceed five- thousand dollars
($5,000) annually.
H. CRT shall have an agreement in place throughout the term of this
AGREEMENT for composting or processing green waste with a properly
licensed facility and divert CITY green waste to same. This diversion of green
waste will be included in the overall 25% or 50% recycling rate requirement
noted in Section III, Paragraph B.1. and B.2, unless future Federal or State
mandates no longer permit the use of green waste in diversion totals.
J. CRT shall provide roll off containers for any CITY sponsored
recycling event, including non -profit organizations, with CRT to pay fair market
value for recyclables collected less transportation costs of the containers
provided to the event.
SECTION IV
DUTIES OF CITY
CITY shall be required to perform the following duties:
A. Deliver at a minimum all solid waste collected by CITY personnel
from residential units to the current CRT processing facility in Stanton or such
other facility as CRT may direct, provided the alternate site is no greater distance
nor driving time from Newport Beach than the current facility, at no cost nor
expense to CITY, except as otherwise noted in Section III, Paragraph E.
B. Solid waste shall be delivered to CRT between the hours of 7:00
a.m. through 6:00 p.m., Monday through Saturday, and shall be off- loaded by
CTTY Personnel 'Using CITY equipment. The solid waste delivered to CRT shall
be the same material collected by CITY personnel and deposited into CITY
4 19
vehicles. CTIY shall not further compact, or alter the composition of, the waste
collected, except to the extent the material is compacted in the original collection
vehicle.
SECTION V
COMPENSATION
A. CITY shall compensate CRT at the rate of $45.75 per ton of solid
waste delivered by CITY. This service fee ($45.75) includes a base net cost of
$22.25 per ton.
B. The base net cost shall be increased on July 1, 1996, and every
twelve (12) months thereafter, to reflect any increase in the Consumer Price
Index (CPI - all urban consumers for the Los Angeles-Anaheim-Riverside area -
1995 base year) as specified in this subsection. Base net cost increases shall reflect
increases in the CPI. The base net cost of CRT operations as of the effective date
of this AGREEMENT is $22.25 per ton and that sum will be used to calculate the
service fee increase to be effective on, July 1, 1996. The base net cost of CRT shall
increase in subsequent years to reflect prior increases in the CPI (for example,
assuming a CPI increase of three percent (3 %) prior to January 1, 1996, the base
net cost used to calculate the July 1, 1997 service fee increase will be $22.92 per
ton). Base net cost increases shall reflect actual changes in CPI provided,
however, in the event the CPI increases more than three percent (3 %) during the
preceding twelve (12) months, the increase in the service fee shall be limited to
three percent (3 %) multiplied by the then current base net cost.
C. The service fee assumes a current disposal fee of $35.00 per ton. In
the event disposal fees are increased or decreased from the current rate of $35.00
per ton, the service fee shall be increased or decreased by an amount equal to
seventy -five percent (75 %) of the difference between the current disposal fee and
the new fee. If CITY opts for an increased recycling rate of fifty percent (50 %) as
provided for in Section III, Paragraph B.2. the seventy-five percent (75 %)
calculation noted above shall be reduced to fifty percent (50 %) of the difference
between the current disposal fee and the new fee.
D. The "wire fee ratty fie i by $13.95 per tors of �soUd wwmt
by CRT . Cm to swakoa - 4*
to -Itky paueent The $13.95
service fee increase assumes an increased recycling requirement at fifty percent
(50 %) of the solid waste stream. If the California Integrated Waste Management
Board designates a lesser percentage, CRT agrees to negotiate with CITY to
5 101
reduce the $13.95 per ton increase by an amount which will reflect reduced
recycling costs incurred by CRT in recycling.
E. The service fee assumes CRT will, during the term of this
AGREEMENT, be able to dispose of solid waste at Bowerman or Brea Canyon
landfills. If both the Bowerman and Brea Canyon landfills are closed or CITY
designates another facility under the provisions of Section VII below, the service
fee shall be adjusted to reflect any change in disposal and transportation costs
which result from transporting solid waste to a new or different facility location.
If there is a resulting change in disposal costs the fee shall be adjusted as
provided in Section V, Paragraph C. If there is a resulting change in
transportation costs, the adjusted fee will be based upon a precise time /distance
study conducted jointly by CITY and CRT.
F. In the event CRT is required to provide, on a temporary basis,
personnel and refuse equipment to transfer solid waste in the event of a
breakdown of CITY equipment, CRT shall receive an additional five dollars,
ninety cents ($5.90) per ton for all solid waste transported in CRT equipment.
G. Compensation due CRT pursuant to this AGREEMENT shall be
paid within thirty (30) days after receipt of an invoice, accompanied by
supporting documentation as required by State law establishing the total weight
of the solid waste provided by CITY, the amount disposed of by CRT, and the
weight of the recycled or reclaimed materials recovered from the solid waste
delivered to CRT by MY
E
I. CRT shall compensate CITY at the rate of two dollars and seventy-
four cents ($2.74) per ton of all waste delivered to the CRT processing site by
CITY personnel between the dates of July 1, 1995 to February 29, 1996. In
addition, CRT, Inc., shall compensate QTY at the rate of two dollars and twenty -
five cents ($2.25) per ton of all waste delivered to the CRT, Inc., processing site by
CITY personnel between the dates of July 1, 1995, and June 30,1996.
SECTION VI
OWNERSHIP OF SOLID WASTE
6 ao
i
CRT shall become the owner of all solid waste when delivered to the CRT
processing site, or such alternate site as may be designated during the term of
this AGREEMENT. CRT shall have the exclusive right to market all recyclable
material reclaimed from solid waste generated by CITY pursuant to this
AGREEMENT and shall be entitled to any and all income derived from the sale
or use of the recycled material. CRT shall make an every reasonable effort to
recover any inadvertently disposed materials which are owned by CITY or
residents and return them upon request.
SECTION VII
LOCATION OF DISPOSAL
A. CRT shall dispose of solid waste only by taking such solid waste to
a landfill, transfer station, recycling facility or materials recovery facility which is
lawfully authorized to accept such solid waste. CRT shall not dispose of solid
waste by depositing it on any land (except a permitted recycling facility) whether
public or private, in any river, stream or other waterway, in any sanitary sewer
or storm drainage system; or any manner prohibited by law.
B-, CRT. agrees that CITY has the future. right, at any time, to direct
CRT to dIs case -of CITY solid waste at a permitted. disposal facility designated by
CITY. For example, CITY may exercise this right in order to save money on
disposal costs, to avoid disposal sites with potential cleanup problems, or to meet
the requ' rnents for access to a disposal site. CRT agrees to dispose of the solid
waste which CITY delivers to CRT at any disposal facility directed by CITY. This
exercise of "flow control" by CITY shall be made upon at least one hundred -
twenty (120) days prior written notice to CRT.
SECTION VIII
INDEPENDENT CONTRACTOR
CRT, in performing the services required by this AGREEMENT, is acting
in the capacity of an independent contractor. CRT is solely responsible for
determining the type, method and manner of the work or tools and
instrumentalities required to perform the services specified in this
AGREEMENT. CRT is solely responsible for the payment of all salaries, benefits,
unemployment insurance taxes, social security taxes and any other payments
required by law.
7 A
SECTION IX
INDEMNIFICATION
A. 1. CRT assumes the sole risk for all the work covered by this
AGREEMENT done at the CRT processing site for solid waste: CRT agrees to
indemnify, defend, save and hold harmless CITY, its elected and appointed
boards and commissions,. officers, agents, and employees from and against
Iosses, damages, liability, claims, costs and expenses for damages of any nature,
but not limited to, bodily injury, death, personal injury, property damage,
attorneys' fees and court costs arising from any and all negligent actions of CRT,
its employees, agents or subcontractors in the performance of services under this
AGREEMENT.
2. CRT shall indemnify and hold harmless CITY, its City
Council, boards and conunissions, officers and employees from and against any
and all loss, damages, liability, claims, costs and expenses whatsoever, including
reasonable attorneys' fees, which may accrue to any and all .persons, or business
entities furnishing or supplying work, services, materials, equipment or supplies
to contractor in the performance of services under this AGREEMENT.
3. In the event that CRT and CITY are sued by a third party for
damages allegedly caused by negligence or other wrongful conduct of CRT, or
by a dangerous condition of CITY's property created by CRT or existing while
the property was under the control of CRT, CRT shall not be relieved of its
indemnity obligation to CM by any settlement with any such third party unless
that settlement includes a full release and dismissal of all claims by the third
party against CITY. .
B. 1. CRT shall indemnify, defend and hold harmless CITY, as
well as its officers, employees, agents and representatives with respect to any
loss, damage, liability, claim, cost, expense or cause of action arising out of any
act or omission of CRT, its directors, officers, agents, employees, subsidiaries,
affiliates, successors, assigns or insureds in any way related to the services to be
performed by CRT pursuant to this AGREEMENT.
2. In addition, CRT shall indemnify CITY, defend with counsel
approved by CITY, protect and hold harmless CITY, its officers, employees,
agents, assigns, and any successor or successors to CITY's interest from and
against all claims, actual damages including, but not limited to, special and
consequential damages, natural resource damage, punitive damages, injuries,
8 �a
costs, response, remediation, and removal costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interest,
fines, charges, penalties and expenses attorneys' and expert witness fees and
costs incurred in connection with defending against any of the foregoing or in
enforcing this indemnity, of any kind whatsoever paid, incurred or suffered by,
or asserted against; CITY or its officers, employees, agents or CRT arising from
or attributable to CRT's activities. under this AGREEMENT concerning any
hazardous substances or hazardous waste at any place where CRT stores or
disposes of solid or hazardous waste pursuant to this AGREEMENT between
CITY and CRT. The foregoing indemnity is intended to operate as an
AGREEMENT pursuant to CERCLA, 42 IISC Section 9607(e) and any
amendments thereto; California Health && Safety Code.Section 25364, to insure;
protect, hold harmless and indemnify CM from liability.
3. CRT shall protect, defend, indemnify, and hold harmless
CITY against all fines or penalties imposed on City by the California Integrated
Waste Management Board with respect to CRT's failure to meet the recycling
requirements of this AGREEMENT.
C. CITY and CRT shall promptly notify the other of any claim or
lawsuit for which the other has obligations pursuant to this Section.
D. If pursuant to Section VII; Paragraph B, CITY directs CRT to
dispose of CITY solid waste at a disposal location outside the County of Orange,
the indemnification provision of Section IX, Paragraph B.2., shall be rescinded at
CRT's option.,
SECTION. X
INSURANCE
A. Without limiting CRT's indemnification of CITY, CRT shall obtain
and maintain at its own expense during the term of this AGREEMENT, policy or
policies of liability insurance of the type and amounts described below and
satisfactory to CITY. Insurance policies shall be signed by a person authorized
by that insurer to bind coverage on its behalf and .must be filed with CITY prior
to exercising any right-or performing any work pursuant to this AGREEMENT.
Prior to the commencement of work, CRT shall provide to CITY
certificates of insurance from an insurance company certified to do business in
the State of California, with original endorsements. At the option of CITY, CRT.
shall provide copies of all policies providing coverage as required by this
69
AGREEMENT. CRT shall provide the following insurance, with Best's rating A-
VII or better carriers, unless otherwise approved by the City Risk Manager:
1. Workers Compensation and Employers Liability insuring
statutory Worker's Compensation limits as required by the California Labor
Code and one million dollars ($1,000,000) per accident Employers' Liability;
2. Commercial general liability insurance covering third party
liability risks, including without limitation, contractual liability, in a minimum
amount of one million dollars ($1,000,000) combined single limit per occurrence
for bodily injury, personal injury and property damage. If the policy does not
apply separately to this AGREEMENT or contains a general aggregate limit, then
the aggregate limit shall not be less than two million dollars ($2,000;000);
.3. Automobile liability and property insurance covering all owned
and rented vehicles of CRT coverage with a minimum amount of two million
dollars ($2;000,000) combined single limit per accident for bodily injury and
property damage, and shall include sudden and accidental coverage.
B. Endorsements to the policies providing the above insurance shall
be obtained by CRT, adding the following three provisions:
1. Additional Insureds:
"CITY and its elected and appointed
boards, officers agents, and employees as additional insureds."
2. Notice:.
"The policy shall not terminate, nor shall it be canceled nor the
coverage reduced, until thirty (30) days after written notice is.
given to CITY: "
3. Other Insurance:
'Any other insurance maintained by CITY shall be excess and
not contributing with the insurance provided by this policy."
C. CRT shall give to CITY prompt and timely notice of any claim
made or suit instituted arising out of CRT's performance of this AGREEMENT.
CRT shall also procure and maintain, at its own cost and expense, any additional
kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the work:
D. CRT agrees that in the event of loss due to any of the perils for
which it has agreed to provide, comprehensive general and automotive liability
10 N
insurance, that CRT shall look solely to its insurance for recovery. CRT hereby
grants to CITY, on behalf of any insurer providing, comprehensive general and
automotive liability insurance to either CRT or CITY with respect to the services
of CRT, a waiver of any right of subrogation which any such insurer of CRT may
acquire against CITY by virtue of the payment of any loss under insurance.
SECTION XI
PROBIBMON AGAINST TRANSFERS
CRT may not assign any right or obligation of this AGREEMENT or any
interest in this AGREEMENT by operation without prior written consent of
CITY. Any attempted or purported assignment without consent of CITY shall be
null and void. CRT may not employ any subcontractors unless specifically
authorized by CITY,
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CRT, or of the interest of any general partner or
joint - venturer which shall result in changing the control of CRT, shall be
construed. as an" assig4unent of this AGREEI�IENT. Control means.fifty .percent
001G) or more of the voting power, or twenty five percent (25 %) or more of the
assets of the corporation, partnership or joint- venture.
SECTION X11
D AVLT/RE EDM/TERUINATION
A. A party shall be considered in default if and when the party fails or
refuses to perform any of the provisions of this AGREEMENT in the manner
required. The party in default shall have the right to cure the default within
thirty (30) days after written notice from the other party specifying the nature of
the default and its intention to exercise the remedies provided in this
AGREEMENT in the event of a failure, to cure. If the default requires more than
thirty (30) days to cure, the breaching party must commence cure within thirty
(30) days after written notice from the non- breaching party and diligently pursue
the cure to completion.
B. In the event a party fails to cure a default as specified in this
Section, the non - breaching party shall have the right to terminate the
AGREEMENT and to exercise any other remedy provided by law,
11 as
C The Parties agree that remedies at law, including monetary
damages, are not adequate to protect CITY in the event that CRT fails, to accept
the waste stream generated by CITY or fails to separate from that wate stream
recyclables equal to twenty -five percent (25 %), or more, of the total.weight of the
entire waste stream received by CRT. In such event, the CTIY's remedies shall
include, but not limited to, the right to a Court Order requiring CRT to
specifically perform in accordance with this AGREEMENT.
SECTION XHI
PERMITS/LICENSES
CRT shall obtain, at its sole cost and expense, all permits and licenses
required by any public agency having jurisdiction over its operations that are
necessary for the performance of services pursuant to this AGREEMENT 'and,
upon request, shall provide proof to CITY that such licenses and /.or permits
have been obtained.
SECTION XIV
MISCELLANEOUS PROVISIONS
A.. Notices
Any notice required by this AGREEMENT shall be deemed given
when personally delivered or when deposited in the United States Mail, first
class postage prepaid, and addressed as provided.below:
CR Transfer, Inc.
11292 Western Avenue
P.O. Box 125
Stanton, California 90680
General. Services Director
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92659 -1768
B. Cost of Litigation
If any legal action is necessary to enforce any provision of this
AGREEMENT, or. for damages by reason for an alleged breach of any provisions
12
of this AGREEMENT, the Parties agree that the court with jurisdiction over the
action may determine and fix reasonable attorneys' fees and expenses to be paid
to the successful party.
C. Arbitration
The parties may mutually agree to submit disputes over the terms
of this Agreement to arbitration.
D. Compliances
CRT represents that it is familiar with and shall comply with all
laws, State or federal and all ordinances, rules and regulations enacted or issued
by CITY which are applicable to the performance of services under this
AGREEMENT.
E. Inte ated Contract
This AGREEMENT represents the full and complete understanding
Of every kind or nature whatsoever between the Parties and all preliminary
negotiations. and agreements of whatsoever kind or nature are merged in this
AGi2ivfElT. No verbal AGREEMENT or implied covenant_ shall be held to
vary :the provisions hereon. Any modification of this AGREEMENT will be
effective only by written execution signed by both CITY and CRT.
R Waiver
A waiver by CITY of any breach of any term, covenantor condition
contained herein shalt not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein whether of
the same or a different character.
G. Authority
Each of the Parties warrants and represents to the other that this
AGREEMENT has been approved by its governing body and that the officers
whose names appear below have been duly authorized to execute this
AGREEMENT and bind the respective Parties.
13 ��
SECTION XV
1990 RECYLING AGREEMENT
Upon execution of this AGREEMENT by CITY and CRT, the March 23,
1990 Recyling Agreement is terminated and of no further force or affect.
IN WITNESS WHEREOF, each of the Parties hereto has caused this
AGREEMENT to be executed by its duly authorized representative as of the date
set forth below by such authorized signature.
APPROVED • FORM:
Aa
Attest:
City Clerk
de \wines rd \recydindoc
2 -16-96
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
Date:?
CR 'TRANSFER, INC.
11292 Western Avenue
P.O. Box 125
Stanton, California 90680
14
A
,grn4ego dr �
City of Newport Beach
City Council Minutes
January 22, 2008
SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC. [881100-
20081 a) Approve Amendment No. 2 to the Professional Services Agreement with
Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully
Wetlands and Maintenance Road Repair at a not to exceed amount of $18, 750 and
authorize the Mayor and City Clerk to execute the Agreement- and b) approve a
budget amendment (08BA -043) transferring $15,760 from salary savings in the
Engineering Division (5100 -7099) to Buck Gully Wetlands and Maintenance Road
Repair project (7014- C5100659).
Motion b nit Member Daigle to approve the Consent Calendar, except for the item
removed r13 }; and noting the no vote by Council Member Awar eky on Item 6.1he abstention by
Mayor Pro Tem Daigle on Item 5, and the continuation of Item 14.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Roeansky,
Council Member Webb, Council Member Daigla, Council Member Gardner
Mayor Selich recommended discussing Item 20 (Group Residential Uses) when the Public Hearing
(Item 18) is recessed in order to tabulate the Assessment District ballots.
Motion by Council Member Webb to discuss Item 20 (Group Residential Uses) when Item 18
(Assessment District No. 92) is recessed in order to tabulate the ballots.
The minion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosanslty,
Council Member Webb, Council Member Daigle, Council Member Gardner
X111• ITEM REMOVED FROM THE CONSENT CALKNDAR
1L CONTRACT AMENDMENT WITH CR TRANSFER, INC., FOR PROCESSING THE .
CITY'S SOLID WASTE MATERIALS (C- 2807)- [881700-80081
Council Member Gardner indicated that Council received an email from Judy Ware.
General Services Director Harmon discussed the phases of solid waste collection and
clarified thai they are recommending that the contract be extended until staff can draft a
Request For Proposal (It") for the processing of solid waste materials, including an option
to also transfer the materials from the City Yard to the processing facility in order to see if
there will be a cost benefit to the City. He confirmed that the process will be conducted by
competitive bid and emphasized that this does not affect the solid waste collection phase.
Dolores Ottang requested a copy of the email, suggested that the company transferring the
material be associated with a recycling facility, and received confirmation from the City
Attorney that the RFP will request the compares history, insurance information, driving
history, etc-
Notion by Council Member_ _Gardner to approve the amendment to the current
contract with CRT, extending the agreement from February 28, 2008 through June 30,
2008.
The motion carried by the following roll can vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro „Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
Volume 58 - Page $83 99
THIS PAGE
LEFT BLANK
INTENTIONALLY
30
)'1,r d#olf rr 3
CITY OF NEWPORT BEACH
Request for Proposal
Residential Solid Waste
Transfer Services and Materials
Processing /Recycli,ng (MRF)
General Services Department
Mark Harmon, Director
mhar'mon@city.newport-beach.ca.us
(949) 644 -3055
-�l
City of Newport Beach
Request for Proposal (RFP)
Transfer Services and Materials Processing /Recycling MRF)
1. Introduction
The City of Newport Beach (City) is soliciting written competitive proposals from
private contractors to provide; a) transfer operations of the City's residential
waste stream, b) processing of mixed waste loads to recover /divert from disposal
40% of materials received for recycling and, c) disposal of the residual waste in
the Orange County landfill system.
City Transfer Station: The City currently operates a transfer station at
the City Yard (592 Superior Avenue). The transfer station is currently used for
direct transfer of residential solid waste loads collected by City collection
equipment. On average, the City collects and transfers approximately 130 tons
per day, Monday through Friday (Saturday on holiday weeks). The residential
solid waste is top loaded into City owned /operated transfer trailers for shipment
to a Material Recovery Facility (MRF) for processing. On an average day, the
transfer trucks will make six to seven round -trips. The City wishes to obtain cost
proposals from private solid waste contractors to assume the responsibility of
transporting the loaded trailers from the City Yard to the contractor's facility for
processing. The City will continue to be responsible for the placing of the
transfer containers in the Station and coordinating the transfer of materials from
the collection trucks to the transfer trailers.
Material Recovery Processing: The City currently transfers 130 to 150
tons per day of residential commingled solid waste to a Material Recovery
Facility (MRF) for processing and diverting 25% of the waste (recyclable
material) delivered. The current contract expires on July 1, 2008. It will be.a
,performance measure of the new contract to divert 40% of the materials
delivered or caused to be delivered by City.
FOR A PROPOSAL TO BE CONSIDERED, CONTRACTOR MUST SUBMIT
PROPOSALS FOR BOTH TRANSFER OPERATION AND MATERIAL
RECOVERY PROCESSING. FOLLOWING THE EVALUATION OF ALL
RESPONSIVE BIDS SUBMITTED, THE CITY RESERVES THE RIGHT TO
CONTINUE TRANSFER OPERATIONS WITH CITY PERSONNEL/EQUIPMENT
AND ACCEPT ONLY THE MATERIAL PROCESSING PROPOSAL.
After a careful review of each submitted proposal, the City will conduct an
evaluation leading to the selection of a contractor and the award of a contract.
The City's objectives for the transfer and material recovery/recycling services
are:
1 32-
• Provide an efficient solid waste management system, which includes
transfer and transportation of solid waste and recyclable material to a
processing facility, separation and marketing of recyclable materials, and
disposal of residual materials in the Orange County landfill system.
• Preserve the environment and protect the health, safety and quality of fife
for Newport Beach residents by utilizing a fully permitted City owned
transfer station to reduce track trips and fuel use, and to provide the
professional, timely and cost- effective transfer of residential solid waste
and recyclable material from the City to a processing facility.
• Comply with the State of California Assembly Bill 939, known as the
Califomia Integrated Waste Management Act of 1989, which requires
jurisdictions to divert 50% of the solid waste generated within the City from
disposal at local landfills.
Copies of this RFP may be obtained in person at the Administration office of the
General Services Department located at 592 Superior Avenue, Newport Beach.
Questions regarding this agreement should be addressed to Mark Hammon,
Director, at (949) 6443055.
2. Community Background
The City of Newport Beach is a scenic beach community located in Orange
County with a population of 85,000 residents. The community is home to a 21
square mile harbor area and over 23 miles of ocean beach. The City uses a mix
of services to perform residential and commercial solid waste collection
throughout the community. Commercial solid waste collection. is performed
through a non - exclusive system with approximately 25 trash haulers offering
fixed and temporary route service to customers. 85% of residential solid waste
collection is performed by City staff, with the remainder being managed by
private solid waste firms through exclusive franchise agreements.
3. Scope of Services
The City seeks a private solid waste management company with a current City of
Newport Beach commercial solid waste franchise (Contractor) to undertake full
responsibility for transportation of residential solid waste from City of Newport
Beach Maintenance Yard (592 Superior Ave.), with contractor's transfer
equipment, to the contractors owned and operated material recovery facility
(MRF) for processing of mixed household waste (commingled trash and
recyclables) to divert 40% of materials delivered from disposal and market the
diverted materials for recycling/reuse.
2 33
The contract term is 10 (ten) years, with a City option for five 1 tone ear
extensions. The following are the services to be provided by the Contractor.
Maintain sufficient personnel and transfer equipment to collect and
transport materials from the City Maintenance Yard to Contractor's
processing facility so that there are no delays in the City's residential
collection schedules.
• Maintain a properly permitted, licensed solid waste processing facility with
adequate capacity to accept all solid waste /recyclable material caused to
be delivered to facility by City between the hours of 7:00 a.m. and 6:00
p.m., Monday through Saturday.
• Maintain sufficient personnel and equipment to receive and unload all
loads delivered, or caused to be delivered, by City without undue delays to
City. Undue delays are defined as delays of access to unloading of City's
solid waste at the processing facility greater than thirty (30) minutes per
load.
Maintain sufficient personnel and equipment to process all loads of
materials delivered, or caused to be delivered, to the facility to maintain a
40% diversion from the City's waste stream.
• Following separation of recyclable materials, contractor shall dispose of
residual solid waste materials at an Orange County operated disposal
facility, in a manner that fully complies with all relevant local, State, and
Federal laws, rules, and regulations.
Provide monthly documentation, satisfactory to City and the County of
Orange, and as required by State law, documenting the tonnage of solid
waste delivered to a landfill facility from Contractor and listed as
originating from the City.
• Contractor shall maintain an agreement throughout the term of the
contract for green waste materials with a properly licensed and permitted
facility to divert City green waste. The diversion of green waste will be
included in the overall diversion level unless future State mandates no
longer permit the use of green waste in diversion statistics.
• Invoice the City for services rendered at intervals not to exceed once per
month.
• Provide additional monthly reports to the City as listed in Section 9 of this
RFP.
3 311
City's Responsibilities: The City will deliver, or cause to be delivered, all solid
waste collected by City personnel from residential units to Contractor's facility.
City will manage the transfer station and oversee the transfer of solid waste from
collection equipment to transfer trailers for shipment to Contractor's facility.
4. Timeline
Proposal due to the City
Evaluation Period /Bid Clarification
Select Best Responsive Bid
Negotiate /Finalize Terms
Final Contract Approved
New Contract Starts
5. Proposal Deadline
April 29, 2008 (By 12pm)
April 29 through May 2, 2008
May 13, 2008
May 14 through May 21, 2008
June 10, 2008
July 1, 2008
Proposals and all written information related to this RFP are to be submitted in a
sealed envelope no later than 12:00 p.m. on April 29, 2008 with the following
notation:
"CONFIDENTIAL: Transfer Services and Materials Processing /Recycling (MRF)
Proposal)"
Hand Delivered: 592 Superior Avenue, Newport Beach, CA.
US Mail: City of Newport Beach
Attn: General Services Department
P.O. Box 1768, Newport Beach, CA. 92658 -8915
After the 12:00 p.m. deadline on April 29, 2008, no additional information may be
submitted or will be reviewed in regards to this RFP. From April 28, 2008
through May 2, 2008, City staff will conduct a bid clarification period to clarify
information contained in submitted proposals. BIDDER MAY NOT CHANGE OR
MODIFY THEIR PROPOSAL, OR PROVIDE ANY ADDITIONAL INFORMATION
DURING THIS CLARIFICATION PERIOD UNLESS THE ADDITIONAL
INFORMATION IS SPECIFICALLY REQUESTED BY CITY STAFF TO CLARIFY
OR SUPPORT THE SUBMITTED PROPOSAL.
4
35
6. Negotiation Period
Following the City Council's selection of the best responsive bid on May 13,
2008, City staff will enter into a 7 day negotiation period with the selected bidder.
During this period, parties will have the ability to negotiate service level terms of
the agreement as discussed in Section 13 below, with the exception of cost.
7. Waste Disposal Requirements /Recycling Requirements
The Contractor shall dispose of all residual solid waste collected and /or
transported only by taking such solid waste to an Orange County
certifted/licensed landfill or State certified /licensed transfer station which is
lawfully authorized to accept that specific type of solid waste material. The
Contractor will be responsible for payment of all fees imposed for disposal.
The Contractor must meet the City's minimum recycling requirement of 40%
diversion as a condition of the contract. Diversion levels will be measured and
reported to the City on a quarterly basis.
8. Fee increases
The Contractor will be entitled to an annual fee increase for processing cost (less
disposal) and transfer operations, based on increases in the Consumer Price
Index (CPI — all urban consumers for the Los Angeles, Anaheim, and Riverside
area) for the 12 months proceeding the prior June index, provided that the CPI
Increase shall not exceed 44/o per 12 month period.
9. Reporting Requirements
The Contractor shall provide to the City, on a monthly basis, the following
information in a format supplied by or approved by City:
• Total transfer truck trips listed by date and total tons per trip.
• Total, by weight, of all commingled solid waste received and net tons
removed /diverted for recycling.
• The facility to which each type of recyclable material or recovered material
is delivered by Contractor.
• The landfill/transfer facility where residual waste is taken following
processing, and total tons taken to said facility.
5
3�
• Total weight, by type of material, of all materials processed for recycling.
• Any other information reasonably requested by City to meet State and
Federal regulatory reporting requirements of the Citys Source Reduction
and Recycling Element (SRRE), as it may be amended from time to time.
10. Insurance
Without limiting Contractor's indemnification of City, Contractor shall obtain,
.provide and maintain at its own expense during the term of this Agreement, a
policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the Insurance
coverage required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of the service contract. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
B. Signature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact insurance policies in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Contractor shall
maintain statutory Workers' Compensation Insurance and one million dollars
($1,000,000) Employee's Liability Insurance for his or her employees in
accordance with the laws of the State of California. Any notice of cancellation or
non- renewal of all Workers' Compensation policies must be received by City at
least thirty (30) calendar days (10 calendar days written notice of non- payment of
premium) prior to such change. The insurer shall agree to waive all rights of
subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Contractor that relates In any way to this
Agreement and provide as such by a waiver of subrogation endorsement.
2. General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than five million
6
3-7
dollars ($5,000,000) per occurrence. for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
commercial vehicle and automobile insurance covering bodily injury and property
damage for all activities of the Contract arising out of or in connection with work
to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than five million dollars
($5,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as additional insured with
respect to liability arising out of work performed by or on behalf of the Contractor.
2. This policy shall be considered primary insurance as
respects to City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising directly or
indirectly from the Contractor's operations or services provided to City. Any
insurance maintained by City, including any self - insured retention City may have,
shall be considered excess insurance only and not contributory with the
insurance provided hereunder.
3. This. insurance shall act for each insured and additional
insured as though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) written notice has been received by City.
7
3�
F. Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claim(s) made or suit instituted arising out of or resulting from
Contractors performance under this Agreement.
G. Additional Insurance. Contractor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and execution of the work.
11. Guarantees
The Contractor will file with the City a performance bond in the amount of Two
Hundred Fifty Thousand Dollars ($250,000.00) payable to the City for all losses
and damages the City may sustain as a result of any act or omission of the.
Contractor, including its employees,, agents, and subcontractors arising from the
operation or termination of the services under the agreement.
12. Equipment Requirements
Contractor will provide all tractorttrailer transfer equipment necessary to transport
fully loader trailers (average load of 20 tons residential refuse) to Contractors
material recovery facility. Equipment shall comply with all applicable
AQMD /CARE air quality standards /mandates at all times during term of contract.
13. Defined Service Levels
Contractor shall meet defined service levels in performance with
transfer /processing City collected residential solid waste. Service levels shall
include, but not necessarily be limited to:
• Maintain sufficient inventory of transfer tractor trailers to guarantee a
minimum of two empty transfer trailers on site at the City Yard at all times.
This requires an equipment minimum of two tractors and five transfer
trailers dedicated to performing this contract.
• Maintain a fully operational material recovery facility licensed /permitted to
receive and process mixed solid waste, with guaranteed daily capacity for
City materials.
• Provide monthly reports, in a form acceptable to the City, as outlined is
Section 9 of this RFP.
• Utilize vehicles approved by the South Coast Air Quality Management
District for transportation of municipal solid waste.
• Provide "BIT" inspection and citation records, on a quarterly basis, for all
equipment and facility(s) used in performance of this contract.
39
14. Work Deficiencies
Failure to meet defined service levels shall be considered a work deficiency and
must be corrected in a timeframe per the City's discretion. Written notification of
deficiency may be hand delivered, emailed, faxed, or mailed. As soon as the
Contractor has corrected the listed deficiency, the Contractor shall notify the City
and request inspection of the corrective work. Deficiencies listed in the Notice of
Deficiency shall not be considered as having been corrected until the City has
had the opportunity to confirm that the deficiency has been corrected and
approve the corrected work in writing.
Failure to correct any deficiencies within the timeframe specified by the City may,
in the City's sole discretion, result in action being taken by the City, including, but
not limited to the following: written warnings, a deficiency fine of $250 per
incidence, a deficiency fine of $250 per day that the work deficiency is not
corrected, or the suspension or termination of the agreement. There will be a
graduated increase in the amount of fines for repeat violations of the same
nature.
15. Proposal Information
The following is required information for submitting a proposal to the City of
Newport Beach for Transfer Services and Materials Processing /Recycling (MRF).
Three (3) bound or stapled copies of the Proposal should be submitted,
accompanied by a cover letter signed by the person with authorization to execute
a contract between the Contractor and the City. The letter should summarize the
key elements of the proposal.
a) Company Information
Please provide information about your firm, including corporate officers,
stockholders with greater than a 10% holding, mailing address, contact
information, and other useful information about your organization.
b) Related Experience
Please provide recent, directly related public agency experience with Material
Recovery / Solid Waste Transfer Station operation. Include specific experience
on achieving recycling goals (percentages) as mandated in a contract with a
public agency. Include information listing the name of the agency, description of
services provided, primary agency contact, and address and telephone number.
Include all Local Enforcement AQencV (LEA) Contacts and /or correction notices in
past three years.
9
40
c) Fees /Cost Information
Please submit the SEPARATE FEE SCHEDULES (attached):
1) Transfer Operations- list cost PER LOADITRIP transferred from City
Yard to MRF Processing Facility.
2) The fee PER TON of solid waste delivered to facility for Material
Recovery processing. This cost should be separated into two categories; base
cost for processing and a disposal cost for residual materials. CPI increases as
outlined in Section 8 apply only to the base cost for processing. In the event that
the disposal fees at Orange County landfills are increased per ton, the Contractor
may increase the disposal fee charged to the City equal to 100% of the County
landfill increase, not to exceed the per ton fee charged by landfill to Contractor.
Please note that the prices submitted in the attached fee schedules will be valid
for one year until a CPI -based fee increase will be allowed.
d) Equipment List
Provide the make, model, age and type of transfer vehicles to be used in the
performance of this contract.
e) Employee Safety Training and Equipment Safety Records
Describe your organization's training and health and safety programs for your
employees.
Provide all equipment safety, SIT inspection, and CHP incident reports, records
or citations for 2006 and 2007, unless already on fide with the City.
f) Waste Collection/Recycling Plans
Describe the Facility operation including type of sorting equipment, number of
employees, and hours of operation. Fully describe how your company will meet
the 40 °!o diversion requirement. Include type of permits for facility, i.e. certified to
receive recyclable materials household refuse household hazardous waste etc
State the permitted total tonnage allowed (capacity) at facility per day and current
tonnage of materials received.
g) Financial Information
Provide a statement to City that applicable financial information will be made
available to City upon City's request.
h) Guarantees
Provide a letter from a surety stating your organization's ability to obtain a
performance bond in the amount of Two Hundred Fifty Thousand Dollars
{$250,000.00).
10 W
16. Evaluation Criteria
Proposals submitted to the City of Newport Beach for Transfer Services and
Materials Processing /Recycling will be evaluated by City staff and consulting
team. Proposal evaluation will include, but not be limited to:
• Responsiveness to the Request for Proposal
• Experience with MRF Processing and Transfer Station Operations
• Fee Schedules/Total Cost
• Applicable Pen-nits and Existing Capacity
• LEA and Motor Vehicle Safety Contacts
• Distance from City Yard to Contractor's Processing Facility
Note that the City of Newport Beach reserves the right to accept or reject any
Proposal, or part thereof, submitted for the Transfer /MRF Contract. Fee
schedules and costs will not be the sole criteria for award of this agreement.
Other criteria will be considered.
11
�o
"RECEIVED AFTER AGENDA
-r 5113 -v8
May 8, 2008
Honorable Mayor Edward Selich
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mayor Selich:
The City of Stanton has been advised that a Stanton headquartered business, CR &R, is the
apparent low- bidder for solid waste services for the City of Newport Beach. On behalf of the
City of Stanton, I wish to extend to you our congratulations. CR &R is an outstanding and
active member of our community. As you are already aware, they provide an essential
service to both of our communities and do so in a very professional and responsive manner.
In the interest of full disclosure, the City of Stanton will reap a benefit from the award to
CR &R since tonnage hauled from Newport Beach is processed in Stanton and this does
create a revenue stream that supports our delivery of municipal services. Having followed
the bid process with some interest, we are pleased with the apparent outcome and extend
to you our appreciation.
Sincerely,
David Cadena
Mayor
cc: Honorable Council Members
7800 Katella Avenue • Stanton, California 90680 • (714) 379 -9222
C e e Q
e
iJ DISPOSAL CO., INC.
P.O. BOX 1026 • HUNTINGTON BEACH, CA 92 64 7 -1 02 6 • (714) 847 -3581 FAX: (714) 841 -4660
May 9, 2008
Mark Harmon,
Director of General Services
City of Newport Beach
592 Superior Ave.
Newport Beach, California 92658
RE: Solid waste vrocessina bid
Rainbow Disposal Co., Inc., (hereinafter Rainbow) wishes to thank you for the opportunityto present
our bid for the City's municipal solid waste transfer and processing contract and to alert you to
substantial irregularities which have negatively affected the outcome of that process. We have
consulted with our counsel and offer the following analysis.
The California Public Contract Code, prescribes a uniform system of bidding applicable to all public
entities in California including chartered cities [Cal. Pub. Contr. C. § 11001. The legislative purpose
of the Code is "to provide all qualified bidders with a fair opportunity to enter the bidding process,
thereby stimulating competition in a manner conducive to sound fiscal practices "; and "to eliminate
favoritism, fraud, and corruption in the awarding of public contracts" [Cal. Pub. Contr. C. § 100 (c)
and (d)].
The Newport Beach City Charter at Article XI, Section 1110, is substantially consistent with the
requirements of the Public Contract Code. That section requires that "Every project... exceed[ing]
Thirty Thousand Dollars... shall be let... to the lowest responsible bidder after notice by publication....
at least ten days before the time for opening bids." Cal. Pub. Contr. C. § 10167, requires that such
bids be "presented under sealed cover'. Cal. Pub. Contr. C.- § 10180; requires that "On the day
named in the public notice, the department shall publicly open the sealed bids and award the
contracts to the lowest responsible bidders." The fairness requirement of Section 100, is served by
the system of publication and simultaneous public opening of sealed bids.
In the present matter, Rainbow submitted the lowest sealed bid, and should have been awarded the
contract. Rainbow's bid equated to approximately $41.23 per ton, whereas the next lowest bid
submitted by CR&R equated to approximately $45.45 per ton, However, CR&R was given an
unfair opportunity to adjust their price after the bids were opened and the bid information
published, allowing it to undercut Rainbow's low bid.
The original RFP requested bids based upon a price per truckload. Each bidder has different trucks in
their respective fleets. Each fleet may include a variety of trucks, with different standard load
PRINTED ON RECYCLED PAPER A
Page 2 of 3
weights. Accordingly, the bids submitted by the bidders did not directly state the true costs per ton
of material. The City apparently recognized this discrepancy alter opening the bids.
City consultant William O'Toole, contacted each of the bidders on Wednesday, April 301h , to get
"clarification" of the respective load sizes. He also requested that the bidders break down the bids
according to "transportation" and "processing" costs.
Instead of simply applying the clarified data to the bids already received, the City accepted
adjusted bids from each of the bidders, who then had full knowledge of their competitor's
prices. This irregularity, defeated the fairness built into the sealed bid system and allowed
CR &R to undercut Rainbow's bid.
Furthermore, CR &R's adjusted bid is unfair on its face. CR&R adjusted it's transportation price
to less than zero. In essence, CR&R's bid proposed to pay the City a rebate on each load it transports
under the contract. That proposal is illegal.
Cal. Bus. & Prof. C. § 17045, states:
"It is unlawful for any person engaged in business within this State to sell any article
or product at less than the cost thereof to such vendor, or to give away any article or
product, for the purpose of injuring competitors or destroying competition."
Cal. Bus. & Prof. C. § 17045, states:
"The secret payment or allowance of rebates, refunds, commissions, or unearned
discounts, whether in the form of money or otherwise, or secretly extending to certain
purchasers special services or privileges not extended to all purchasers purchasing
upon like terms and conditions, to the injury of a competitor and where such payment
or allowance tends to destroy competition, is unlawful."
Cal. Bus. & Prof. C. § 17049, states:
"The prohibitions of this chapter against locality discrimination and sales below cost
embrace any scheme of special rebates, collateral contracts or any device of any
nature whereby such discrimination or sale below cost is in substance or fact effected
in violation of the spirit and intent of this chapter."
The transportation of municipal solid waste necessarily involves substantial costs, including but not
limited to the capital depreciation, fuel, maintenance, labor, taxes and fees. CR&R's transportation
bid is clearly "less than the cost thereof'. It appears to constitute a "scheme of special rebates,
collateral contracts or any device of any nature whereby ... sale below cost is... effected".
CR&R's unlawful bid speaks poorly of their trustworthiness. Cal. Pub. Contr. C. § 1103, defines a
"responsible bidder" as one who has "demonstrated the attribute of trustworthiness ". Rainbow
hereby requests that the City disregard CR&R's bid on the ground that they are not the "lowest
PRINTED ON RECYCLED PAPER A
Page 3 of 3
responsible bidder", and accept Rainbow's bid as the next lowest.
Alternatively, the City may "reject any and all of the bids presented and may readvertise in its
discretion" [Newport Beach City Charter at Article X1, Section 11101.
The City should take some action to correct the inequity resulting from these circumstances.
Otherwise, the integrity of the bidding process itself may come into question.
Very truly yours,
117..- Ak
Bruce Shuman, Co- President/CEO
Rainbow Disposal Co., Inc.
Very truly yours,
Ron Shenkman, Chairman
Rainbow Disposal Co., Inc.
Cc: City Administrator
City Attorney
PRIMED ON RECYCLED PAPER