HomeMy WebLinkAbout03/07/1995, C-4 - SOLID WASTE/RECYCLING FRANCHISE CONSULTING SERVICES { MEETING DATE:
City Of San LUIS OBISPO March 7 1995
COUNCIL AGENDA REPORT ITEM NUMBER: Aj/
FROM: John E. Moss, Utilities Director
SUBJECT: Solid Waste/Recycling Franchise Consulting Services
CAO RECOMMENDATION:
By motion, approve request for proposals for Solid Waste/Recycling franchise consulting services,
authorize staff to solicit proposals, and CAO to award if the recommended proposal is within the
staff estimate.
DISCUSSION:
A mid-year budget request was submitted to Council on February 28, 1995 seeking an additional
appropriation of funds for consulting services to assist staff in the analysis, development, and
negotiation of a new long term solid waste/recycling franchise(s). A copy of the mid-year budget
request is attached. Since this staff report required preparation prior to February 28th, this
requested approval of an RFP for the required consultant services assumes Council has approved
the funding.
Staff has prepared a request for proposals (RFP) which will provide the necessary consultant
services to ensure appropriate franchise agreement(s) are developed to ensure long term solid
waste and recycling services are provided which meet the communityt.needs and goals. Staff has
developed the RFP so as to minimize the scope of the consulting services in an effort to control
cost while still ensuring a quality end product. The services to be provided by the consultant will
include: providing expert assistance in identification of a strategy to comprehensively review all
options related to solid waste collection, hauling and disposal, and, recyclables collection and
processing; assist staff in the development of draft and final franchise agreements; and, provide
the City with environmental, legal and technical guidance in the negotiation of solid waste and
recycling franchise(s).
FISCAL IMPACT:
Council approved an additional appropriation of $30,000 at the mid-year budget review for the
requested services. Additionally staff proposes to utilize $10,000 available in the solid waste
operating budget contract services account if necessary. Total available funding for the required
consultant services is therefore equal to $40,000.
Attachments:
RFP
Mid-Year Budget Request
NOTICE REQUESTING PROPOSALS
FOR
REFUSE RATES AND FRANCHISE ANALYSIS
NOTICE IS HEREBY GIVEN THAT the City Clerk of the City of San Luis Obispo, State of
California, will receive proposals for SOLID WASTE FRANCHISE AND ENVIRONMENTAL/LEGAL
CONSULTING SERVICES pursuant to Specification No. 95-31 at the City Clerk's Office, City Hall,
990 Palm Street, until 3:00 p.m., Friday, March 31, 1995.
Proposals received after said time will not be considered. Each proposal shall be submitted in a sealed
envelope plainly marked with the proposal title, specification number, bidder name, and time and date
due. Proposals shall be submitted according to the requirements stated in the specification package.
Specification packages and additional information may be obtained by contacting Cyndi Butterfield,
Utilities Department at (805) 781-7215.
CITY OF SAN LUIS OBISPO
Diane Gladwell, City Clerk
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SPECIFICATION No. 95-31
TABLE OF CONTENTS
A. Scope of Work 1
B. General Terms and Conditions 4
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 8
Contract Term
Estimated Quantities
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement 11
E. Insurance Requirements 13
F. Proposal Submittal Forms 15
References
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SCOPE OF WORK
OVERVIEW
The City of San Luis Obispo is requesting proposals for solid waste franchise and environmental/legal consulting
services, related to the City's solid waste and recycling programs. The City currently has a ten year franchise for
solid waste and authorization for recycling services under a single provider which expires in 1997. The franchisee,
San Luis Garbage Company (SLG) has requested that the City begin renegotiation of the solid waste franchise at
this time. Additionally the City wishes to review and evaluate the options related to provision of recycling services.
Therefore, the City is requesting RFP's for expert assistance in identifying an appropriate strategy and ultimately
appropriate documents to ensure long term solid waste and recycling services to meet the communities needs and
goals.
A. Solid Waste /Recycling Services Review
Background
The City's solid waste franchise, which expires in 1997, has undergone significant change over the last
several years in response to AB 939 and expansion of program services. The City has recently adopted
a revised rate review and rete setting methodology which is not currently supported by the existing
franchise agreement. Council has directed staff to negotiate a revised garbage franchise and review and
evaluate options for provision of recycling services.
Goal
Identify a strategy to comprehensively review all options and issues related to solid waste collection,
hauling and disposal, and, recyclables collection and processing.
Tasks
1. Review current franchise, SRRE, and rate setting manual.
2. Identify applicable goals and policies to be considered in review of program"service options.
3. Identify available options for service provision.
4. Identify key factors for consideration,in review and analysis of available options.
5. Identify appropriate standards for provision of solid waste and recycling services.
6. Develop an evaluation methodology for the various options identified.
B. Franchise Agreement(s) Development
Background
San Luis Garbage Company (franchisee) has requested the that City begin negotiation of a revised long
term franchise. The revised franchise needs to be completed no later than December 1995 in order to meet
some financing requirements of the franchisee. The City Council has directed staff to comply with this
request and begin negotiations with the franchisee. The current franchise includes solid waste services and
an authorization for recycling services, however, as stated above, is not fully supportive of, or consistent
with, other City policies, goals and/or documents. The current franchise agreement is also likely not
consistent with current legal, regulatory, and environmental standards.
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Goal
Based on the results of the evaluation identified in part A. above, and subsequent Council direction, assist
staff in the development of appropriate draft and final franchise agreement(s) for the long term provision
of solid waste/recycling services.
Tasks
1. Review existing draft franchise agreement as a base document. (A draft franchise agreement was
prepared for the City as a component of prior consultant services in the development of the rate
setting manual. This document is available for use as a base document if the consultant so
chooses.)
or
la. Provide other base franchise agreement(s) for City consideration.
2. Recommend draft franchise language to ensure necessary and desirable provisions for; cost
control, franchise stability,flexibility to address future program requirements, legal defensibility,
protection from liability,responsiveness to changing market conditions for recyclable commodities,
flow control, regulatory compliance, reporting,service reliability,efficiency incentives/penalties,
and other provisions as recommended by consultant.
3. Assist staff in the developaWnt of initial base franchise agreement(s) for proposal to and
negotiation with franchisee(s).
C. Franchise Negotiation
Background
The City has a long standing relationship with the current franchisee, San Luis Garbage Company(SLG).
Staff has developed a good working relationship with SLG and would like to foster a partnership approach
where the franchisee is responsive to and shares in the solid waste and, if appropriate, recycling goals of
the City. With a strong draft franchise from which to base negotiations, staff intends to limit the scope
of work of the consultant services to advice during the course of negotiations on an as needed basis, and,
review and comment on the final draft franchise agreement(s) before final action by the City or
franchisee(s).
Goal
Provide the City with environmental, legal and technical guidance in the negotiation of solid
waste/recycling fmnchise(s).
Tasks
1. Provide the City a negotiating strategy based on the base franchise agreement from B. above.
2. Provide advice to staff as the need arises throughout the course of negotiations.
3. Review, comment and provide recommendations regarding final draft franchise agreement(s).
The consultant's proposal should address any additional issues or considerations to be included in the
workscope. The proposal should indicate how previous experience may be applied to issues such as cost
containment and meeting the City's specific needs. The proposal should specify work which may be
provided by City staff to minimize or reduce consultant expenses. The proposal should also describe the
consultants recommended approach to accomplishment of the identified goals.
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Consultant Qualifications
The City is looking for professionals with recent experience in developing solid waste and recycling
franchises in California. Specific areas of expertise and knowledge should include solid waste and
recycling program needs, regulatory issues, legal and liability issues, operational and administrative
requirements, recycled products commodities markets, municipal franchise requirements. The City is
seeking to develop an ongoing relationship with a consultant who can provide expert environmental/legal
assistance.
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GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder)shall meet
all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of
its proposal submittal,the bidder acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s)provided in the RFP specifications
and accompanied by any other required submittals or supplemental materials. Proposal documents shall
be enclosed in an envelope which shall be addressed to the City Clerk, City of San Luis Obispo, 990 Palm
Street (93401), San Luis Obispo, CA. In order to guard against premature opening, the proposal should
be clearly labeled with the RFP title, name of bidder, and date and time of proposal opening. No FAX
submittals will be accepted.
3. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Clerk for its
withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received
after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be
considered. All proposals will be opened and declared publicly. Bidders or their representatives are
invited to be present at the opening of the proposals.
4. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make
or file, or to be interested in more than one proposal, except an alternative proposal when specifically
requested; however, an individual or business entity which has submitted a sub-proposal to a bidder
submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified
from submitting a sub-proposal or from quoting prices to other bidders submitting proposals.
5. Communications. All timely requests for information submitted in writing will receive a written response
from the City. Telephone communications with City staff are not encouraged, but will be permitted.
However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
6. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days
for examination and comparison. The City also reserves the right to waive nonsubstantial irregularities in
any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other,
except to the extent that proposals are qualified by specific limitations, and to make award to the lowest
responsible, responsive bidder as the interest of the City may require. See the Special Terms and
Conditions(Section B) for any other proposal evaluation and award criteria.
7. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence
and responsibility,professionally and/or financially,of bidders. Bidders will provide, in a timely manner,
any and all information which the City deems necessary to make such a decision.
9. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives
sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing
for which sales tax is allocated to the City, I% of the taxable amount of the bid will be deducted from the
proposal by the City in the calculation and determination of the lowest responsible, responsive bidder.
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9. Labor Actions. In the event that the successful bidder is experiencing a labor action at the time of contract
award(or if its suppliers or subcontractors are experiencing such a labor action),the City reserves the right
to declare said bidder is no longer the lowest responsible, responsive bidder and to accept the next
acceptable low proposal from a bidder that is not experiencing a labor action, and to declare it to be the
lowest responsible, responsive bidder.
10. Contract Requirement. The bidder to whom award is made shall execute a written contract with the City
within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in
its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
11. Failure to Accept Contract. The following will occur if the bidder to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited
in accordance with the Special Terms and Conditions if a bidder's bond or security is required; and an
award may be made to the next lowest responsible, responsive bidder who shall fulfill every stipulation as
if it were the party to whom the first award was made.
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and
amounts specified in Section E of these specifications within 10(ten)calendar days after notice of contract
award as a precondition to contract execution.
13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior
to execution of the contract. Additional information regarding the City's business tax program may be
obtained by calling(805)781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all federal, state, county,city, and special district laws, ordinances,
and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply
with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations
and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor's operations create a condition haardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain
such fences, temporary railings, barricades, lights, signs and other devices and take such other protective
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measures as are necessary to prevent accidents or damage or injury to the public and employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved
by the City, to protect City property from injury or damage. If City property is injured or damaged as a
result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The
facilities shall be replaced or restored to a condition as good as when the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for
the performance of this work that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not
engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment
of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of
such persons.
23. Worst Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder
by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or
any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal
government restrictions arising out of defense or war programs, then the time of completion may, at the
City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor.
In the event that there is insufficient time to grant such extensions prior to the completion date of the
contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have
accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons
for such delay, and making a finding as to the causes of same.
24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that
the services of the Contractor are being performed in accordance with the requirements and intentions of
this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill
its contract requirements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials
used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest,and shall not acquire
any interest dirue or indirect or otherwise, which would conflict in any manner or degree with the
performance of the work hereunder. The Contractor further covenants that, in the performance of this
work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that
no one who has or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall
at all times be deemed an independent contractor and not an agent or employee of the City.
28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the
City and its agents, officers and employees harmless from and against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees, agents or officers which arise from or are connected with or are caused or claimed to be caused
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by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or business
entity of any kind without the previous written consent of the City.
30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully
abiding by any term or condition contained herein, the City may notify the Contractor in writing of such
defect or failure to perform; which notice must give the Contractor a 10 (ten)calendar day notice of time
thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the
work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of
the contract and the City may terminate the contract immediately by written notice to the Contractor to said
effect. Thereafter, neither party shall have any further duties,obligations,responsibilities,or rights under
the contract except, however, any and all obligations of the Contractor's surety shall remain in full force
and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus
any offset from such payment representing the City's damages from such breach. The City reserves the
right to delay any such payment until completion or confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its
proposal.
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SPECIAL TERMS AND CONDITIONS
1. Contract Invoices. The Contractor shall deliver a monthly invoice supported by appropriate detail of labor
and material expenses.
2. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Your proposal must include a summary table itemizing your recommendations for the tasks and
subtasks to achieve the goals listed in the scope of work. Each task or subtask should show a
corresponding estimate of hours and related charges.
b. References from at least three firms, preferably cities, for whom you have provided similar
services.
General Information
d. Description of your approach to completing the work, including any recommendations for
deviation from the outlined tasks to accomplish the stated goals
e. Experience of your firm in performing similar services
f. Tentative schedule for completing the work
S. Warranties or guarantees that you would provide to the City regarding your performance in
completing the work
h. Resumes of the individuals that would be assigned to this project
i. Hourly billing rates for staff to be assigned to this project
j. Services or data to be provided by the City
k. Proposed compensation stated on a time and material basis.
1. Any other information that would assist us in making this contract award decision
Proposal Length and Copies
M. Proposals should not exceed 15 pages, including attachments and supplemental materials.
n. Six (6) copies of the proposal must be submitted.
3. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the
following criteria:
a. Understanding of the work required by the City
b. Quality and responsiveness of the proposal
C. Demonstrated competence and professional qualifications necessary for satisfactory performance
of the work required by the City
d. Recent experience in successfully performing similar services
e. Proposed approach in completing the work
f. References
g. Background and related experience of the specific individuals to be assigned to this project
h. Proposed compensation
As reflected above, the award of contract will not be based solely on price, but on a combination of factors
as determined to be in the best interest of the City. After evaluating the proposals and discussing them
further with the finalists or the tentatively selected contractor, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
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4. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
Issue RFP 3/9
Receive proposals 3/31
Complete proposal evaluation 4/7
Conduct finalist interviews 4/14
Finalize staff recommendation 4/21
Award contract 4/28
Execute contract 5/5
Start work 5/8
5. Start and Completion of Work. Work on this project shall begin immediately after contract execution
and shall be completed 120 calendar days thereafter.
6. Submittal of References. Each bidder shall submit a statement of qualifications and references on the
form provided in the RFP package.
7. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or services under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
8. Release of Reports and Information. Any reports, information,data,or other material given to,prepared
by or assembled by the Contractor as part of the work or services under these specifications shall be the
property of City and shall not be made available to any individual or organization by the Contractor without
the prior written approval of the City.
9. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating
of such copies at the Contractor's direct expense.
10. Required Deliverable Products. The contractor will be required to provide:
a. Ten (10) copies of their final report which addresses tasks included in section A. of workscope
and final review report included in section C. of workscope. Any documents or materials
provided by the Contractor will be reviewed by City staff and, where necessary, the Contractor
will be required to respond to staff comments and make such changes as deemed appropriate.
b. One camera-ready original, unbound, each page printed on only one side, including any original
graphics in place and scaled to size, ready for reproduction.
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C. When computers have been used to produce materials submitted to the City as a part'of the
workscope, the Contractor must provide the corresponding computer files to the City, compatible
with the following programs unless otherwise directed by the project manager:
Word Processing Wordperfect Version 5.1
Spreadsheets Lotus Release 2.4
Desktop Publishing Coreldraw Version 3.0
Pagemaker Version 4.0
Computer Aided Drafting (CAD) AutoCad Release 12
Computer files must be on 5-'k", high-density, write-protected diskettes, formatted for use on
IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the
directory.
11. Required attendance at public meetings. Contractor will be expected to attend two public meetings,
typically held on Tuesday evenings. These are anticipated to be one Council study session and one regular
Council meeting.
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of_
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter
referred to as City, and [ ], hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, City requested proposals for consultant services for solid waste franchise and
environmental/legal consulting services pursuant to Specification No. 95-31.
WHEREAS,pursuant to said request,Contractor submitted a proposal which was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as first written above, until acceptance or completion of said services.
2. INCORPORATION BY REFERENCE. City Specification No.95-31 and Contractor's proposal
dated [ ], are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation in a total sum not to exceed [$ I.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as
described in Exhibit A attached hereto and incorporated into this Agreement.
5. AMENDMENTS. Any amendment, modification,or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the City Council.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding,or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding,or representation be binding upon the parties
hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
P.O. Box 5100
San Luis Obispo, CA 93403
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Contractor [ ]
[ ]
[ ]
[ ]
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN V4TNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
Diane Gladwell, City Clerk Allen K. Settle, Mayor
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attorney
CONTRACTOR
By:
By:
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INSURANCE REOUIREMENTS: CONSULTANT SERVICES
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials,employees and volunteers; or the Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses. '
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers,officials,employees,agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned,occupied or used by the Contractor; or automobiles owned,
leased,hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials,employees,agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided,cancelled by either party, reduced in coverage or in limits except after thirty(30)days'
prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
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Verification of Covern>ie. Contractor shall furnish the City with a certificate of insurance showing maintenance
of the required insurance coverage. Original endorsements effecting general liability and automobile liability
coverage required by this clause must also be provided. The endorsements are to be signed by a person authorised
by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before
work commences.
14
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present
business name:
List and describe fully the last three contracts performed by your firm which demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City reserves
the right to contact each of the references listed for additional information regarding your fun's qualifications.
Reference No. l
Customer Name:
Contact Individual: Phone No:
Address:
Contract Amount: Year:
Description of Services Provided:
Reference No. 2
Customer Name:
Contact Individual: Phone No:
Address:
Contract Amount: Year.
Description of Services Provided:
Reference No. 3
Customer Name:
Contact Individual: Phone No:
Address:
Contract Amount: Year:
Description of Services Provided:
15
1994-95 Mid-Year Budget Request
SIGNIFICANT OPERATING PROGRAM CHANGE
PROGRAM: Solid Waste (100-5570)
REQUEST TITLE: Franchise Renewal Consultant Services (200-053)
Request Summary
Approval of this request would identify$40,000 for consulting and environmental legal services associated with franchise renewal
and negotiations for solid waste hauling and recyling activities. (Of the$40,000, only $30,000 would need to be appropriated from
fund balance as $10,000 would come from existing budget.) Staff is seeking expert assistance in the identifying an appropriate
strategy to ensure the long term solid waste and recycling services that meet the community's goals. Once the strategy is
developed,the consultant would assist staff by ensuring drat the agreements are legally defensible and environmentally appropriate,
as well as advising during negotiations. The use of the consultant will be minimized, as staff intends to perform as much of the
work as possible.
At their January 3, 1995 meeting, Council directed staff to begin negotiations with the current solid waste franchisee for the
performance of solid waste hauling. In addition,Council directed staff to analyze the alternatives for providing recycling services.
At present, the current franchisee performs both solid waste collection and hauling as well as recycling services. The current
franchise period was for ten years,but the Charter allows franchise periods up to 35 years.
Solid waste collection and disposal, and recycling and materials processing, is a $5.1 million operation in 1995. In 1996, it is
projected to be a $5.48 million operation. The amount of money involved, as well as the constantly evolving state of the law
regarding solid waste and recycling, have persuaded staff that a solid waste consultant expert in franchise negotiations and an
environmental attorney with specific knowledge of solid waste law, will best serve the long term interest of the community.
Project Objectives, Goals and Policy Links
■ Council direction on January 3, 1995,to proceed with franchise contract renewal negotiations.
■ City Charter, Article X, regarding franchise authorization.
■ Compliance with AB 939.
Primary Factors Driving the Request
■ Need to develop a long-term solid waste/recycling franchise to best serve the community.
• Letter from San Luis Garbage Company requesting that franchise negotiations begin.
■ Request from Council that staff analyze and present the alternatives for providing recycling services.
Alternatives
■ Staff can develop a plan and alternatives for providing solid waste and recyling services, and draft a franchise agreement.
However, staffs recommendation for developing the best long term strategy that considers an array of important factors,
including cost,stability,fitture program implementation, compliance with city SRRE and HWWE goals, legal defensibility,
envirormtentel protections,enforceability,and long term flexibility, is to request expert help. It has been staffs experience,
given the amount of money, complexity and duration of these franchise arrangements, that contracting with technicaUlegal
experts is the smartest coarse. They offer objectivity, comprehensive subject knowledge, and, often, have suggestions that
result in savings that more than pay for the contracting cost.
�- yi9
Cost Summary
Amount of
Budget Request Total
1994/95 1994/95 1994/95
CONTRACT SERVICES
200-053 $10,000 $30,000 $40,000
Implementation
The City's purchasing and procurement policy will be followed in obtaining these services. A request for proposal will be
prepared and mailed to industry experts. Following review of submittals and oral interviews, staff will recommend to the City
Administrative Officer the appropriate consultant.
�'- z/-c2O
MEETING AGENDA
MEMORANDUM DATE ITEM # L4'
March 7, 1995
To: Mayor and City Council ^/
Via: John Dunn, City Administrative Offic 2
From: John E. Moss, Utilities Director?
Subject: Solid Waste Consulting Services RFP, Agenda item C-4 meeting of March 7,
1995.
In review of this item based on Council"direction on February 28, 1995 I would propose the
recommended action be modified as follows:
By motion, approve allocation of$15,000 funding from the general fund for Solid Waste
Consulting Services. Approve RFP for Solid Waste Consulting Services and authorize
Staff to advertise and CAO to award if contract proposal is within staff estimate of
$25,000.
As an alternate to this recommendation, Council may wish to remain the award authority for this
contract. This will result in some impact to the already tight schedule for this project.
If you have any questions regarding this revised recommendation, please don,t hesitate to contact
me.
COUNCIL ❑ CDD DIR
Pr CAO ❑ FIN DIR
WACAO ❑ FIRE CHIEF
RECEIVED
16 ATTORNEY VPW DIR
1'7 V ® ❑ MGMTTEAMgrcLERKKRO ❑ EC DiR LICE LICE HF
❑ C READ FILE VUTIL DIR
MAR 0 7 1995 ❑ PERS DIR
CITY CLERK
SAN LUIS OBISP0.CA
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