City of Sacramento
City Council - 5PM Report
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File ID: 2023-00139 5/9/2023 Consent Item 3.
Supplemental Agreement: Landfill and Waste Disposal Services with L and D Landfill, Limited Partnership [Published for 10-day Review on 4/27/2023]
File ID: 2023-00139
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager's designee to execute Supplemental Agreement No. 4 to City Agreement PRC000602 with L and D Landfill, Limited Partnership, to provide Landfill and Waste Disposal Services for an amount not-to-exceed $625,000 bringing the agreement’s total not-to-exceed amount to $1,544,240.10.
Contact: Stacy Larkin, Administrative Analyst, (916) 808-6356, [email protected]; David Levine, Program Manager, (916) 808-6216; [email protected]; Pravani Vandeyar, Director, (916) 808-3765, [email protected], Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental Agreement No. 4
Additional Description/Analysis
Issue Detail: Various operations within the Department of Utilities (DOU) collect tons of debris daily from sewer and waterworks trenches, street excavations, and catch basins and have an ongoing need to dispose of the waste at landfill facilities.
Policy Considerations: This supplemental agreement exceeds the City Manager’s approval authority and requires approval by City Council.
The Sacramento City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to council action. This item was published for 10-day review on April 27, 2023, in compliance with the
File ID: 2023-00139 5/9/2023 Consent Item 3.
City code.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Services Manager has determined that the proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378 (b). The activity is a continuing administrative or maintenance activity, such as the purchase of supplies, and is not subject to CEQA. CEQA Guidelines Section 15060(c)(3).
Sustainability: The Landfill and Disposal Services purchased under this contract comply with Section 4 of the City’s Sustainability Master Plan to encourage the reuse and local recycling of materials, and to work with stakeholders to maximize landfill diversion given reasonable cost effectiveness of constraints.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: On May 7, 2019, DOU issued Invitation for Bid (IFB) B19141431023 for Landfill and Waste Disposal Services. The project was publicly advertised, and bids were received and opened on May 22, 2019. One bid was received from L and D Landfill, Limited Partnership (L&D). PRC000602 was executed for a 5-year term in an amount not to exceed $835,673.10.
Supplemental Nos. 1 and 2 each extended the time of performance for an additional year, along with an adjustment for annual increases in the tipping fees. Supplemental No. 3 included a 10% increase to the not-to-exceed amount due to tipping fee increases and extended the contract to September 30, 2023.
Due to current market conditions, tipping fees have increased significantly over the term of this contract and will increase again in September 2023. Supplemental No. 4 will extend this contract one additional year and increase the not-to-exceed amount by $625,000 while City staff update the specifications for this service and complete an out-of-cycle solicitation process for a new contract.
Financial Considerations: Supplemental No. 4 will increase the contract amount by $625,000, for a revised total not-to-exceed amount of $1,544,240.10. There is sufficient funding in the Fiscal Year 2022-23 Operating Budget (Funds 6005, 6006 & 6011) to fund services through June 30, 2023.
Funding for this agreement in future fiscal years will be subject to the availability of sufficient funds in the adopted fiscal year.
There are no impacts to the General Fund for this Agreement.
File ID: 2023-00139 5/9/2023 Consent Item 3.
Local Business Enterprise (LBE): L&D Landfill, Limited Partnership is an LBE.
1 CONTRACT #: PRC00602-4CONTRACT EFFECTIVE DATE: May 2, 2023CONTRACT NAME: Landfill and Waste Disposal ServicesCONTRACT PROJECT #: 14001451 6005 442021DEPARTMENT: UtilitiesDIVISION: Business Services Division - Logistics-The City of Sacramento ("City") and L and D Landfill, Limited Partnership ("Contractor"), as parties to that certain Contract awarded for the above Event and designated as City Contract Number PRC000602, including any prior Contract Amendments modifying the Contract (the Contract and Contract Amendments are hereafter collectively referred to as the "Contract"), hereby amend and modify the Contract as follows:1 SCOPEThe Services specified in the Scope of Services Exhibit of the Contract are not changed.2 TIME OF PERFORMANCE - RENEWALThe Contract is renewed and extended for the final 1-year term beginning October 1, 2023 and ending September 30, 2024.3 UNIT RATEThe Contract rates are not changed.4 CONTRACT AMOUNTIn consideration of the Contract Amendment(s) described above, the maximum not-to-exceed amount that is specified in the Contract is INCREASED $625,000, and the Contract's maximum not-to-exceed amount is amended as follows:The original Contract sum was: $835,673.10The net change by previous Contract Amendment was: $83,567.00The Contract sum prior to this Contract Amendment was: $919,240.10The Contract sum will be INCREASED by this Contract Amendment: $625,000.00The new Contract sum including all Contract Amendments: $1,544,240.10 2 5 FULL COMPENSATIONContractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section, above, shall constitute full compensation for the additional and/or revised Services specified in section, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised Services, including costs associated with any changes and/or delays in work schedules or in the performance of other Services or work by Contractor.6 AUTHORIZED SIGNATUREContractor warrants and represents that the person or persons executing thisamendment on behalf of Contractor has or have been duly authorized by the Contractor to sign this amendment and bind Contractor to the terms hereof.7 FULL FORCE AND EFFECTExcept as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this amendment to the original agreement.