Loading...
2001/02/13 City Council Resolution (5)RESOLUTION NO. 2001 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING SELECTION OF A CONTRACTOR and AWARDING A CONTRACT To NORTH BAY CORPORATION For SOLID WASTE SERVICES WHEREAS, the existing contract with Empire Waste Management for Solid Waste Services expires June 30, 2001; and WHEREAS, the City of Rohnert Park needs to establish a new Contract effective July 1, 2001; and WHEREAS, Requests for Proposals for Solid Waste Services have been solicited and Proposals thoroughly reviewed. THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that NORTH BAY CORPORATION is selected as the Contractor for Solid Waste Services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Contract in the Request for Proposals as amended in Addenda 1 and 3 and to approve any non- substantive changes necessary in the Contract for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 13th day of February. 2001. CITY OF ROHNERT PARK CITY !-R ®HNE� 1 ATTEST: D uty ' y Jerk FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) Addendum 1 November 9, 2000 City of Rohnert Park Questions Regarding RFP and Draft Agreement • Major appliances with freon $ 20.00 each • Major appliances without freon $ 10.00 each • Tires: • Passenger $ 2.00 each • Truck $ 7.00 each • Tractor $ 20.00 each • Heavy Equipment $ 150.00 each • Tree Stumps: • 8" to 18" $ 25.75 each • 18" to 30" $ 72.25 each • Greater than 30" $ 154.50 each The current tipping fee at the Santa Rosa Subregional Wastewater Treatment Plant: • Food Waste: $ 27.00 per ton (should be used in costs) S. Organic Material (Food Waste) Collection, Page 13, 28, and Attachment 6L. RFP page 28 states that information on the pilot compost program is included in Attachment 2. Please indicate where this information is located What percentage of restaurants and businesses are participating in this pilot program? Page 13 – What is the rate for disposal of organics at the Santa Rosa Wastewater Treatment Plant? Information regarding the Organic Material (Food Waste) pilot program is provided in the attached excel spreadsheet. Table A describes the service level for the different businesses and Table B describes the tonnage. Currently the pilot program is tipping material at the Santa Rosa Wastewater Treatment Plant for no charge. Assume a $27.00 per ton tipping fee in your proposal. If you your company uses another processing location for the organic materials, please include costs for such option in your proposal. 6. In determining the Contractor's payment for service, what if Gross Revenues collected by the City are less than the Contractors request for payment? Article 8.6, Variances from Projections (retitled to be Contractor's Payment Reconciliation) was excluded from the Draft Agreement. The following is the language that should be included to address Contractor's payment for services: 8.6 CONTRACTOR'S PAYMENT RECONCILIATION The City intends to restructure the rates charged-to customers for services under this Agreement in a manner that encourages waste diversion. Because the City recognizes ' that it will have to make certain assumptions about customer behavior in structuring these rates and the actual behavior may be different than assumed, the City intends to make adjustments in the-calculation-of the Contractor's Payment for- Services -for years -three —- Addendum 1 November 9, 2000 City of Rohnert Park Questions Regarding RFP and Draft Agreement through seven of the initial term of the Agreement for differences between the actual Contractor's Payment for Services and the not to exceed amounts provided for in this Agreement during the first two years. Thereafter, it is assumed that any differences will be minimal and it will not perform such adjustments in subsequent years. If the sum of the actual Payment for Services for each of the first two years of this Agreement is estimated by the City in Year 2 to be less than the not to exceed amounts for the first two years of this Agreement as stated in Articles 8.2.1 and 8.2.2, respectively, then Contractor's Payment for Services for the following five years shall be increased by the total amount of the estimated difference in the first two years of this Agreement divided by 5. For example, should the not to exceed amount in Article 8.2.1 be $3,000,000, and the not to exceed amount in Article 8.2.2 be $3,050,000, and should the actual Payment for Services be $2,900,000 and the estimated payment be $3,000,000, respectively, then the shortfall would be $150,000 and the Contractor's Payment for Services as determined by Articles 8.3 and 8.4.3 of this Agreement for each of the following five years shall be increased by $30,000. No adjustment shall be made to Contractor's Payment for Services for differences between the actual amounts paid and the not to exceed amounts calculated in accordance with this Agreement in subsequent years. 7. Our understanding is the best a company can achieve, even if revenue billed exceeds the required revenue, is the required revenue. What incentives are being offered by the City to the contractor to achieve revenues which exceed this minimum required revenue? The company will maintain the operating ratio. The City has included a recycling incentive, which is described in Question 13. Proposers are encouraged to submit additional incentive ideas as part of your proposal. 8. Can the City provide a history of gross revenues collected and amounts dispersed to Contractor Revenue Type Residential Commercial Total Fiscal Year 1997/1998 07/1/97 — 06/30/98 $ 1,029,324 $ 1,948,703 $ 2,978,027 Fiscal Year 1998/1999 07/1/98 — 06/30/99 $ 1,085,730 $ 2,103,870 $ 3,189,600 Fiscal Year 1999/2000 07/1/99 — 06/30/00 $ 1,154,838 $ 2,217,600 $ 3,372,438 Less Deductions: 10% Franchise Fee ($ 297,803) ($ 318,960) ($ 337,244) 3% City Billing Fee ($ 89,341) ($ 95,688) ($ 101,173) Addendum 3 November 22, 2000 City of Rohnert Park Questions Regarding the RFP and Draft Agreement The City of Rohnert Park (City) has responded to each of the questions it received and provided information regarding numbers and costs based on readily available information when appropriate. However, it is each proposer's responsibility to independently satisfy itself regarding the accuracy of this data and proposers /contractors shall hold the City of Rohnert Park and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the City with regard to information stated below. QUESTIONS AND ANSWERS: 1. How will adjustments in Contractor's Payment for Services be adjusted for new construction of residential complexes and commercial businesses? The following changes have been made to Article 8 of the Draft Agreement. Note added text appears in bold font: 8.1 GENERAL City shall establish rates for Refuse collection pursuant to Section 8. 12.2.60 of the Rohnert Park Municipal Code. City shall establish rates at an amount reasonably estimated to produce revenues sufficient to provide payment to the Contractor as provided for in this Article 8. Contractor shall be paid ("Contractor's Payment for Services') for Collection Services described in Article 5, from the Gross Revenues billed to the customers by the City, at rates established by the City Council. Payment for Services shall be the full, entire and complete payment due to the Contractor pursuant to this Agreement for all labor, equipment materials and supplies, taxes, insurance, bonds overhead, operations profit, and all other things necessary to perform all Collection Services required by this Agreement in the manner and at the times prescribed. Payment for Services to be disbursed to Contractor during any rate year shall be the lesser of Gross Revenues (less bad debts) billed by City less City costs (as prescribed in Articles 6, 7 and 8) for that fiscal year, or the Maximum Allowable Payment for Services for that rate year. Maximum Allowable Payment for Services means the maximum amount that may be disbursed to Contractor for each fiscal year, and is determined as set forth in this Article 8, Sections 8.2 through 8.5 for each specific rate year. Payment for Services shall be disbursed to Contractor each month on the tenth (10th) day of the month, or the next succeeding business day if the tenth of the month falls on a weekend or City holiday, for services performed in the previous month. 8.1.1 CONTRACTOR'S PAYMENT FOR SERVICES The Contractor's Maximum Allowable Payment for Services calculated for each Rate Year pursuant to this Article 8 for in Sections 8.1.2 for new construction provided for in Section 8.8. shall not be adjusted, except as provided or demolition of existing structures or' as Addendum 3 November 22, 2000 City of Rohnert Park Questions Regarding the RFP and Draft Agreement 8.1.2 ADJUSTMENTS TO CONTRACTOR'S MAxuvWM ALLOWABLE PAYMENT FOR SERVICES City shall adjust Contractor's Maximum Allowable Payment for Services for new construction or demolition of residential or commercial buildings that receive solid waste services. The adjustment for new construction of a building shall be made during. the first month when all of the following have occurred: (i) a certificate of occupancy has been issued by the Building Department for the building; (ii) the new building has been fully occupied; and (iii) full refuse service has been established and billed by the City for the entire building. In the case of Multi- Family Complexes, all units do not have to be occupied for the adjustment to occur, as long as full refuse and recycling service for the entire complex have been established and billed by the City. The adjustment for demolition of a building shall occur in the month the building is demolished. No additional adjustments to Contractor's Maximum Allowable Payment for Services shall be made for subsequent changes in refuse or recycling service levels to new or existing buildings. Monthly, City shall determine whether residential or commercial buildings have been constructed or demolished. If construction, or demolition without replacement, has occurred, City shall calculate the total billings attributable to the constructed or demolished buildings. Contractor's Maximum Allowable Payment for the Rate Year in which City begins or ceases to bill said building for refuse collection services, shall be adjusted for the months remaining to reflect the increase or decrease in Gross Revenue, less City billing costs and fees. Thereafter, Contractor's monthly Payment for Services shall include the additional revenue calculated by the adjustment. For example, if Contractor's Maximum Allowable Payment for Services is $3,172,438 and 100 new single - family units are occupied on July 1 and their total billings (less bad debt), net of City services and fees, equals $1,736 per month; then, the Contractor's Maximum Allowable Payment for Services would increase during the remaining six months by $10,416 ($1,736 multiplied by 6). Thereafter, the total Contractor's Maximum Payment for Services would be $10,416 plus the original $3,172,438 resulting in an adjusted Contractor's Maximum Allow Payment for services of $3,182,854. Conversely, if 100 single- family units were demolished on July 1 and their total billings (less bad debt), net of City services and fees, equals $1,736 per month; then the Contractor's Maximum Allowable Payment for Services would decrease during the remaining six months by $10,416 and the adjusted Contractor's Maximum Allowable Payment for Services would equal $3,162,022 ($3,172,438 less $10,416). 8.2 PAYMENT FOR SERVICES IN RATE YEARS ONE AND TWO Except as provided in Section 8.1.2 and 8.8 of this Agreement, Contractor's Maximum Allowable Payment for Services provided for in this Section 8.2 shall be fixed Addendum 3 November 22, 2000 City of Rohnert Park Questions Regarding the RFP and Draft Agreement for both years and shall not be increased to reflect increases in costs above those anticipated by Contractor, nor decreased to reflect decreases in costs below those anticipated by Contractor. 8.2.1 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES IN RATE YEAR ONE For the initial twelve (12) months of this Agreement (Rate Year One from July 1, 2001, to June 30, 2002), Contractor's Payment for Services shall be an amount equal to the Gross Revenue (less bad debts) billed to customers by the City at the rates established pursuant to Section 8. 12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse the City for providing billing services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee in Section 7.1, but, in no event shall the Contractor's Payment for Services for Rate Year One exceed $ . except as provided for in Sections 8.1.2 and 8.8. 8.2.2 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMFNT FOR SERVICES iN RATE YEAR TWO For the second twelve (12) months of this Agreement (Rate Year Two from July 1, 2002, to June 30, 2003), Contractor's Payment for Services shall be an amount equal to the Gross Revenue (less any bad debts) billed to customers by the City at the rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse the City for providing billing services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee in Section 7.1, but, in no event shall the Contractor's Payment for Services for Rate Year Two exceed $ , except as provided for in Sections 8.1.2 and 8.8. 8.3.3 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES IN RATE YEAR THREE Contractor's Payment for Services for Rate Year Three (from July 1, 2003, to June 30, 2004), shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, Contractor's Payment for Services shall not exceed the Maximum Allowable Payment of Services for Rate Year Three (as determined in Article 8.3.2), which shall include any adjustments provided for in Article 8.1.2. Addendum 3 November 22, 2000 City of Rohnert Park Questions Regarding the RFP and Draft Agreement 8.4.1 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR FouR Contractor's Payment for Services for Rate Year Four (from July 1, 2004, to June 30, 2005) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, but, in no event shall Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Four, which shall include any adjustments provided for in Sections 8.1.2 and 8.8. Each of these amounts shall be calculated as follows:... [See Draft Agreement for remainder of this clause which remains as originally written] 8.4.2 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR FIVE Contractor's Payment for Services for Rate Year Five (from July 1, 2005, to June 30, 2006) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, but, in no event shall Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Five, which shall include any adjustments provided for in Sections 8.1.2 and 8.8. 8.4.3 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR SIX Contractor's Payment for Services for Rate Year Six (from July 1, 2006, to June 30, 2007) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, but, in no event shall- Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Six, which includes any adjustments allowed in Sections 8.1.2 and 8.8. 8.4.4 CONTRACTOR'S MAXIMUM ALLOWABLE Payment for Services for Rate Year Seven Contractor's Payment for Services for Rate Year Seven (from July 1, 2007, to June 30, 2008) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert /�:... .. x'77 .. L......a 7D....1. Addendum 3 November 22, 2000 City of Rohnert Park Questions Regarding the RFP and Draft Agreement Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, but, in no event shall Contractor's. Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Seven which shall include any adjustments provided for in Sections 8.1.2 and 8.8. 8.5.1 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR EIGHT Contractor's Payment for Services for Rate Year Eight (from July 1, 2008, to June 30, 2009) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7. 1, but, in no event shall Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Eight, which shall include any adjustments provided for in Sections 8.1.2 and Section 8.8. 8.5.2 CONTRACTOR'S MAXTMOM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR NINE Contractor's Payment for Services for Rate Year Nine (from July 1, 2009, to June 30, 2010) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the Franchise Fee described in Section 7.1, but, in no event shall Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Nine, which shall include any adjustments provided for in Sections 8.1.2 and 8.8. 8.5.3 CONTRACTOR'S MAXIMUM ALLOWABLE PAYMENT FOR SERVICES FOR RATE YEAR TEN Contractor's Payment for Services for Rate Year Ten (from July 1, 2010, to June 30, 2011) shall be an amount equal to the Gross Revenues (less bad debts) billed to customers by the City, at rates established pursuant to Section 8.12.260 of the Rohnert Park Municipal Code, less the sum of (i) the amount necessary to reimburse City for providing billing and some customer services under this Agreement; and (ii) any and all fees imposed pursuant to Article 7 of this Agreement, including but not limited to the . Franchise Fee described in Section 7.1, but, in no event shall Contractor's Payment for Services exceed the Maximum Allowable Payment of Services for Rate Year Ten, which shall include any adjustments provided for in Article 8.1.2.