1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN PABLO
AND THE CITY OF RICHMOND REGARDING SOLID WASTE COLLECTION
SERVICES AND AGREEMENT JOINT REQUEST FOR PROPOSALS
The City of San Pablo, California (“CSP”) and the City of Richmond, California (“COR”) (individually, a “ Party” and collectively, the “ Parties”) effective this Memorandum of Understanding ( “MOU”) on July 17, 2023 (“Effective Date ”), with reference to the following facts:
RECITALS
WHEREAS, CSP and COR have solid waste Collection Agreements with RSS a subsidiary of Republic Services that expire on June 30, 2025;
WHEREAS, CSP and COR Councils have provided direction to their respective City staff to seek an open competitive bid process for solid waste collection services after June 30, 2025;
WHEREAS, CSP and CO R wish to collaborate in the development and review process for an RFP for solid waste collection services to create economies of scale, generate cost savings, and provide better services to their respective communities;
W HEREAS, on July 17, 2023, COR amended its contract with the consultant group R3 (“R3 Contract”), to advise and assist in the development of a joint competitive RFP and selection process for solid waste collection services for both CSP and COR as set forth in Exhibit A (“R3 RFP Services”);
W HEREAS, CSP and COR wish to partner with one another and cost-share for the R3 RFP Services;
WHEREAS, the purpose of this MOU is to identify the Parties’ respective rights and responsibilities with respect to the R3 RFP Services.
NOW, THEREFORE, in consideration of the above Recitals, and other mutual promises and agreements, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:
TERMS AND CONDITIONS
ARTICLE I
ROLES AND RESPONSIBILITIES
2 1.1 Project Roles & Delivery.
(A) Contracting. COR will serve as the lead agency for the R3 Contract and be solely responsible for managing the R3 C ontract including, but not limited to, issuing a notice to proceed to R3 , and processing all payments to the contractor pursuant to the Contract Documents and applicable Laws. COR is responsible for invoicing CSP as outlined in the Project Costs Section 1.2. COR is responsible for requesting that R3 separately invoice line items to designate tasks and hours that are expended for each Party.
(B) RFP Development . COR and CSP will be jointly responsible for the development, review, and approval of the RFP language to be used to solicit solid waste collection proposals . Both Parties will provide the staff time reasonably needed to assist R3 with the development of RFP language. Parties understand that there will be programs and aspects of the RFP that will be specific to each Party and each Party is responsible for reviewing, commenting on, and approving their respective sections. Parties will coordinate to resolve any disputed language that must be jointly agreed upon. The RFP will b e jointly released to perspective bidders with both P arties named in the RFP. COR will be responsible for the release of the RFP. Parties will coordinate to respond to any proposer questions and to jointly approve any addenda to the RFP before it is issued.
(C) Evaluations. CSP and COR will jointly evaluate the proposals through a single mutually agreed upon set of evaluation criteria. CSP and COR will provide staff resources from each agency to evaluate proposals. Each Party is responsible for presenting the evaluation to its respective Council and for selecting a bidder with whom the Party will enter into negotiations.
(D) Negotiations. Each Party is responsible for its own negotiations and cost associated with negotiations as outlined in Section 1.2 with its chosen bidder .
Parties may choose to enter into joint negotiations, separate negotiations, or a mix of joint and separate negotiations.
(E) Final Agreement Execution. Each Party is responsible for approval , execution, and implementation of its own final Collection Agreement.
(F) Compliance. The Parties acknowledge and agree that all actions taken pursuant to this MOU must be made in compliance with all applicable laws and permit requirements (collectively, “Laws”).
(G) Best Efforts. The Parties agree to use best efforts at all times to promptly reach mutual agreement with respect to any Collection Agreement -related decisions that may arise with respect to the RFP development and proposal evaluations that are not already addressed in this MOU.
3 1.2 Project Costs.
(A) The total project costs for the R3 Services are set forth in Exhibit A. Each Party is responsible for 50% of the costs for Task 1 (Project Initiation and Kick-Off Meeting) and 50% of the costs for Task 2 (Technical Document Development and Evaluation), including contingency hours, unless otherwise agreed in writing by the City Managers of each Party. For Task 3 ( Negotiate with Top Ranked Proposer(s) and Present Results) each party will pay for only its proportionate share the Task 3 services rendered on behalf of that Party unless otherwise agreed upon in writing by the City Managers of each Party. If both Parties agree in writing to a joint negotiation process for Task 3 , then each Par ty will be responsible for 50% of the costs for the joint negotiations. The total not-to-exceed (NTE) amount for the R3 Services set forth in Exhibit A apportioned to and payable by CSP shall not exceed Ninety -One Thousand Five Hundred Twelve Dollars and Fifty Cents ($91,512.50), unless otherwise approved in writing by the CSP City Manager.
(B) Prompt Payment Compliance. Within 10 ( ten) business days of receipt, COR will transmit a copy of each R3 invoice via email and regular mail associated with the R3 services in Exhibit A to CSP. Within 7 (seven) business days of receipt, CSP must promptly notify COR, in writing (via email to Samantha Carr, [email protected] and Nannette Beacham ,
[email protected]), if it disputes any portion of the invoice, including the basis for that dispute, otherwise CSP is deemed to have approved the invoice. If CSP disputes any portion of the invoice, the Parties will coordinate in good faith to resolve the dispute with R3; however, CSP shall be responsible to pay COR for any and all amounts subject to dispute with R3 that are not resolved in CSP’s favor . Notwithstanding the foregoing, COR will be responsible for the prompt payment obligations to R3.
(1) Payment Correspondence CSP. For expedited processing of prom pt payments, COR will transmit a copy of each R3 invoice for R3 RFP Services to the following email and mail addresses:
a. Email- Amanda Booth: [email protected], with CC to Chiara Hanna: [email protected] and
[email protected]
b. Mail- City of San Pablo
1000 Gateway Avenue
San Pablo, California 94806
Attention: Amanda Booth
Payment Correspondence COR. For expedited processing of prompt
4 payments, CSP will transmit any dispute of a R3 invoice via email to Samantha Carr, [email protected] and Nannette Beacham, [email protected].
(C) Pay
ment to COR. Within 30 days of receipt of R3’s invoice, CSP shall send payment of all undisputed portions of the invoice to COR via electronic payment.
ARTICLE II
LIABILITY
2.1 Liability Arising from MOU. Neither Party, nor any officer or employee thereof, will be responsible for any damage or liability occurring by reason of any act or omission of the other Party under this MOU, and each Party will defend, indemnify, save and hold harmless the other Party, its officers and employees (individually, an “Indemnitee,” and collectively, the “Indemnitees”) from and against the same, except to the extent such damage or liability is caused by the negligence or willful misconduct of an Indemnitee. Nothing in the MOU is intended to affect the legal liability of e ither Party to third parties by imposing any standard of care different from that normally imposed by Laws.
ARTICLE III
GENERAL PROVISIONS
3.1 Amendments. No alteration or variation of the terms of this MOU will be valid unless made in writing and signed by an authorized representative of each Party.
3.2 Third Party Beneficiaries. There shall be no third party beneficiaries to this MOU.
3.3 Notices, Demands and Communications. Except as expressly provided above, any notice, demand or communication upon the other P arty must be made in writing and delivered personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and:
(2) if intended for CSP, addressed to:
City of San Pablo
1000 Gateway Avenue
San Pablo, California 94806
Attention: City Manager
5 (3) if intended for COR, addressed to:
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Attention: City Manager
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is made or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten days prior to the date such change is desired to be effective.
3.4 Consent or Approval. When the consent or approval of a Party is required under the terms of this MOU, the Party whose consent or approval is required will not unreasonably withhold or delay that consent or approval.
3.5 Dispute Resolution. If a dispute arises between the Parties regarding a Project- related decision, including , but not limited to, interpretation or implementation of the terms and conditions of this MOU, the staff members of the Parties who have primary responsibility related to this MOU will engage in best efforts to resolve the dispute informally. If the Parties are unable to resolve a dispute informally, the Party seeking redress may submit an informal written claim to the other Party, specifying the nature of the claim, a summary narrative of the events leading to the claim, and the remedy sought to resolve the claim. Within 30 days thereafter, the Parties’ City Managers or authorized delegees will meet and confer in person or by videoconference, in a further attempt to informally resolve the claim. If, within 30 days following the initial attempt by the City Managers or their authorized delegees to meet and confer, the claim is not resolved, the Parties agree to submit the dispute to mediation with an experienced, mutually agreed third-party neutral in an effort to resolve the claim by compromise, with each Party to share equally in the mediator’s fees and each Party to bear its own legal fees, if any. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each Party requires to represent its interests. Good faith compliance with the informal dispute resolution provisions set forth in this Section is a condition precedent to initiating legal proceedings with regard to the dispute.
The provisions of this Section will survive expiration or termination of this MOU.
3.6 Applicable Law. This MOU will be governed by California law. This MOU is made in Contra Costa County, California, and any action relating to this MOU will be instituted and prosecuted in the courts of Contra Costa County, California.
3.7 Parties Bound. Except as otherwise limited herein, the provisions of this MOU are binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this MOU to a specifically named Party shall be deemed to apply to any successor,
6 heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this MOU or under Law.
3.8 Severability. If any term of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
3.9 Headings. Any headings in this MOU are inserted for convenience of reference only and will be disregarded in interpreting any part of the MOU’s provisions.
3.10 Entire Understanding of the Parties. This MOU constitutes the entire understanding and agreement of the Parties with respect to the subject matter specified herein. Neither Party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the MOU is drafted.
3.11 Multiple Originals; Counterparts. This MOU may be executed in one or more counterparts, each of which is deemed to be an original, but all of which together will constitute one instrument.
3.12 Accountability. Both Parties will provide strict accountability of the funds associated with and used for the portion of the P roject in their respective jurisdictions.
3.13 Term and Termination. The MOU will become effective on the Effective Date and will expire when C SP and COR complete the RFP process and execute final Collection Agreements unless terminated sooner pursuant to the mutual, written consent of the Parties.
3.14 Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by the Parties pursuant to this Agreement shall be the mutual property of the Parties at the moment of their completed preparation and shall be provided upon request by either Party.
3.15 Survival. The provisions that survive expiration or early termination of this MOU are Article II and Sections 3.1, 3.2, 3.3, 3.5, 3.6, 3.7, 3.8, 3.10, and 3.14.
7 WHEREAS, this MOU has been entered into by the undersigned as of the dates below.
CSP:
City of San Pablo
By: D
ate:
Matt Rodriguez, City Manager
Approved as to form by:
_____________________
Teresa Stricker, City Attorney (San Pablo)
COR:
City of Richmond
By: D
ate:
Shasa Curl, City Manager
Approved as to form by:
_____________________
David Aleshire, City Attorney (Richmond)
8 Exhibit A
Solid Waste Collection Agreements RFP – R3 Part B Proposal
R3 Letter, Scope of Work, Qualifications and Cost Proposal Dated June 30, 2023 1512 Eureka Road, Suite 220, Roseville CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com June 30, 2023
Ms. Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
submitted via email to: [email protected]
SUBJECT: Solid Waste Collection Agreements RFP - R3 3DUW%Proposal Dear Ms. Curl,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached proposal to express our interest in providing the Cities of Richmond and San Pablo (Cities) with consulting services for a competitive RFP to secure new solid waste collection agreements.
Introduction
2XUWHDPLVXQLTXHO\TXDOL¿HGWRSURYLGHWKHUHTXHVWHGVHUYLFHVWRWKH&LWLHVLQWKDWZHKDYHWKHDELOLW\WR leverage our current work efforts with multiple jurisdictions throughout the State. Most recently, for the City of Rosemead, R3 led the team in procuring new solid waste collection services through a competitive process - yielding unanimous City Council approval of the new Agreement, which has a focus on compliant organic collection programs.
R3 is at the forefront of SB 1383 compliance planning and implementation - we have been actively tracking the development of the regulations and have participated in the SB 1383 rule-making process through its ¿QDOL]DWLRQ6%KDVFRPSOH[UHTXLUHPHQWVZKLFKDIIHFWVPDQ\DVSHFWVRIVROLGZDVWHFROOHFWLRQDQG post-collection systems.
Project Team
Garth Schultz, Principal, will serve as Project Lead and primary point of contact. Scott Hanin, Rose Radford, Paulina Benner, Claire Wilson, Sarah Koplowicz and Maryann Hulsman will provide direct support. Our team also has the ability to draw upon additional staff members on an as-needed basis.
Throughout this engagement, we will work with the Cities to establish a coordinated approach, thus facilitating a cost-effective and smooth transition into implementation for the Cities, the selected hauler(s), and, of course, for your solid waste customers.
* * * * * We are excited about this opportunity to work with the Cities in this engagement. Should you have questions regarding our proposal or need additional information, please reach out to me directly.
Sincerely,
Garth Schultz | Principal
R3 Consulting Group, Inc.
510.292.0853 | [email protected]
Exhibit A
TOCCities of Richmond and San Pablo | Solid Waste Collection Agreements
1. Scope of Work
page 1
2. 4XDOL¿FDWLRQV
page 6
3. Cost Proposal
page 8
TABLE OF CONTENTSTABLE OF CONTENTS
Exhibit A
1Cities of Richmond and San Pablo | Solid Waste Collection Agreements
1. 3DUW % SCOPE OF WORK
Because R3 primarily provides services to public agencies, our clients receive unbiased opinions and recommendations throughout the negotiation and/or procurement process. We maintain excellent SURIHVVLRQDOZRUNLQJUHODWLRQVKLSVDQGKDYHQRFRQÀLFWVRILQWHUHVWZLWKODQG¿OODQGIDFLOLW\RSHUDWRUVRU haulers. R3 staff have heard directly from many of the companies that they appreciate our knowledge and non-confrontational style in achieving successful outcomes for all parties. 0RUHVSHFL¿FDOO\ZHXQGHUVWDQGZKDWLQIRUPDWLRQWKHVHVROLGZDVWHUHF\FOLQJDQGRUJDQLFVFROOHFWLRQ companies will need to provide, how they can best provide that information, and can further anticipate and address business interest concerns that may arise during the procurement process. Our approach to working with solid waste, recycling and organics collection companies is to be direct, respectful of their time and effort, and help them prepare the best possible proposal for the consideration by the Cities. 7KLVDSSURDFKKHOSVUHPRYHEDUULHUVWRKDXOHUFRRSHUDWLRQZLWKQHJRWLDWLQJ¿QDOWHUPVRIDQHZDJUHHPHQW minimizes the number of information requests to haulers, and provide for cost-effective completion of the project without the need for intensive City staff involvement. Our focus on providing services exclusively to public agencies helps ensure that the Cities’ best interests are represented. 6ROLGZDVWHFRQVXOWLQJ¿UPVZKRSURYLGHVHUYLFHVWRKDXOHUVVROLGZDVWHRSHUDWRUVFDQQRWSURYLGHWKLV VDPHOHYHORISURWHFWLRQ7KLVYXOQHUDELOLW\FDQUHVXOWLQDQDSSDUHQW±LIQRWDFWXDO±FRQÀLFWRILQWHUHVW DQGLQWXUQOLPLWVWKHVXFFHVVRIWKHSURMHFW8QOLNHRXUFRPSHWLWRUV5KDVWKHVWDI¿QJEDFNJURXQGVIURP SXEOLFDJHQFLHVVROLGZDVWH¿UPVSROLF\DQG¿QDQFLDOFRPSDQLHVDOORIZKRPFDQDLGWKHHQJDJHPHQWDV needed.
Project Approach
Our approach to conducting procurement projects is structured and orderly and follows a well-tested methodology. R3 will prepare a draft franchise agreement for the Cities. The draft agreement will be included as part of the RFP packet that R3 develops. Proposers will be required to identify exceptions they take to the draft language and offer acceptable alternative language for the Cities’ consideration. The Cities will not however be required to accept any proposed exception.
R3 will also provide the following services as part of the procurement process:
› Develop a list of haulers to receive the RFP.
› Conduct a pre-proposal Zoom meeting with potential proposers. › Prepare written responses to questions submitted regarding the RFP and preparing addenda as necessary.
› Evaluate proposals and work with but not necessarily be part of the Evaluation Team. › Manage and facilitate interviews with proposers, if needed. › Conduct negotiation sessions.
› Prepare staff reports and presentations.
› Finalize the franchise agreement(s).
› Present recommendations to the City Councils.
Scope of Work3DUW%
Task %1 Kick-Off Meeting
Upon authorization to proceed, R3 will facilitate a kick-off meeting with staff from the Cities. The meeting will provide an opportunity to review the project objectives, R3’s project approach, schedule, and data availability. The kick-off meeting will serve to set the expectations, project responsibilities, milestones and timeline for the Scope of Work and establish the best means for ongoing communication and collaboration between R3 and the Cities for the duration of this engagement.
1. SCOPE OF WORKExhibit A
2Cities of Richmond and San Pablo | Solid Waste Collection Agreements One item of importance for discussion during the kick-off meeting will be how R3 and the Cities’ staff will work collaboratively to ensure that this project provides the best possible outcomes for customers and ratepayers, while still achieving meaningful compliance with the law. Also, at this meeting or sooner, R3 will develop an information request from the Cities to ensure as much accurate and current information is shared with prospective proposers. After the kick-off meeting, R3 will provide meeting minutes including notes, schedule, and milestones. Ongoing coordination will continue throughout the project through virtual meetings.
To provide the most cost-effective services, we have budgeted for many meetings to be virtual, including regular check-in meetings with the Cities’ staff. This approach has proven to be very successful in other VLPLODUHQJDJHPHQWV,QSHUVRQPHHWLQJVDUHVWLOOEHQH¿FLDOIRUFRPSOHWLQJPDMRUPLOHVWRQHVRIWKHSURMHFW Task %2 Technical Document Development and Presentations Task %2.1 Develop a New Solid Waste Franchise Agreement Using our experience bringing California municipalities into compliance with CalRecycle requirements, and with our understanding of recent state legislation, we will advise the Cities on the latest solid waste trends as it pertains to both franchised services and the Agreement development. This information will be discussed during our kick-off meeting, as well as in follow-up correspondence with the Cities. R3 will draft the new Agreement incorporating the information gathered in prior tasks. Because we are currently developing similar agreements for several clients, we FDQLQFOXGHWKHFXUUHQWLQGXVWU\VWDQGDUGVDQGEHVWSUDFWLFHVIRULWHPVVXFKDVSHUIRUPDQFHERQGVLQGHPQL¿FDWLRQ insurance, liquidated damages and reporting and record keeping requirements. The new Agreement will also include detailed performance requirements that establish minimum service standards for inclusion in the Agreement that are ERWKTXDQWL¿DEOHDQGHDVLO\PHDVXUHGWRYHULI\FRPSOLDQFH Performance requirements may include, but are not necessarily limited to, the following:
› Disposal and processing facility requirements.
› Minimum waste diversion requirements.
› Collection vehicle emissions standards and requirements. › Collection vehicle weight, size, and noise limitations. › 6SHFL¿FDWLRQVIRUFRQWDLQHUVL]HFRORUDQGODEHOLQJ › Public education program requirements (e.g., quarterly newsletter, annual campaigns, classroom presentations). › &ROOHFWLRQDQGUHF\FOLQJVHUYLFHVWRWKH&LWLHV¶RI¿FHVIDFLOLWLHVDQGHYHQWV › Collection service hours.
› Collection service quality standards.
› &ROOHFWLRQGULYHUXQLIRUPVDQGLGHQWL¿FDWLRQEDGJHV
› Customer service standards.
7DVN% 3UHSDUH4XDOL¿FDWLRQVDQG5HFRPPHQGHG(OLJLEOH6HUYLFH3URYLGHUV $VSDUWRIWKH5)33DFNDJH5ZLOOSUHSDUHPLQLPXPTXDOL¿FDWLRQVUHJDUGLQJHDFKSRWHQWLDOVHUYLFHSURYLGHU¶V capacity and capability to perform the requisite services during the contract term and any extension. These TXDOL¿FDWLRQVZLOOEHUHTXLUHGWREHVXEPLWWHGZLWKWKHVXEPLWWDORISURSRVDOVIURPTXDOL¿HGFROOHFWLRQFRQWUDFWRUV5 has an extensive list of solid waste companies operating in California and nationally and will provide a mailing list to the Cities for consideration when sending out the RFP package. R3 will work with the Cities to publicize the availability of the RFP package and work with staff to post the RFP on the Cities’ websites. $VSDUWRIWKLVWDVNZHZLOOSURYLGHDQHOHFWURQLFYHUVLRQRIWKHGUDIWPLQLPXPTXDOL¿FDWLRQVWRWKH&LWLHVIRU comments. At staff’s preference and in conjunction with our check in meetings, we will be available to meet with staff to address comments. Following discussion with the Cities and using a single compiled document with comments IURPWKH&LWLHV5ZLOOFRPSLOHRXU¿QDOPLQLPXPTXDOL¿FDWLRQVIRULQFRUSRUDWLRQLQWRWKH5)33DFNDJH Task %2.3 Prepare Criteria and Methodology to Evaluate Proposals R3 will prepare a written set of recommended evaluation criteria and a methodology for review and discussion with staff. In R3’s experience, the evaluation will include, but not be limited to, conducting an initial “pass-fail” review.
We will provide an electronic version of the draft criteria and methodology to evaluate proposals to the Cities for comments.
1. SCOPE OF WORK
Note:
Exhibit A
3Cities of Richmond and San Pablo | Solid Waste Collection Agreements At staff’s preference and in conjunction with our regular virtual check in meetings, we will be available to meet with staff to address comments. Following discussion with the Cities and using a single compiled document with comments IURPWKH&LWLHV5ZLOOFRPSLOHRXU¿QDOFULWHULDDQGPHWKRGRORJ\WRHYDOXDWHSURSRVDOVIRULQFRUSRUDWLRQLQWRWKH5)3 Package.
Task %2.4 Prepare RFP Package
Task %2.4.1 Prepare Request for Proposal (RFP) Package R3 will develop an RFP package – this includes a draft RFP, a draft Solid Waste Agreement and cost forms for proposers to complete, and the evaluation criteria and methodology. The draft RFP will specify minimum requirements DQGTXDOL¿FDWLRQVDQGZLOOUHTXLUHSURSRVHUVWRVXEPLWZRUNSODQVWKDWVSHFLI\KRZWKH\ZLOOWUDQVLWLRQWRQHZVHUYLFHV achieve diversion requirements, implement customer service programs, and promote public education activities. The RFP package will include waste data (tonnage and current account data) previously collected in Task 1.
Separate sections of the RFP may include, for example:
› Section A: Introduction to the RFP, Instructions, Schedule, Procurement Goals and Objectives. › Section B: Available Background Information, Demographic, Service Account Data (i.e., tonnage, number of accounts, historical operating information, and current services). › Section C: Overview of Requested Service Requirements. › Section D:5HVSRQVH)RUPDWDQG6XEPLWWDO3URFHVV4XDOL¿FDWLRQ5HTXLUHPHQWV5HTXLUHG:RUN3ODQV and Proposed Rates.
—Transition Plan, detailing the plans and schedule of events leading up to the provision of new services. —2SHUDWLRQV3ODQSUHVHQWLQJVSHFL¿FFROOHFWLRQDQGSURFHVVLQJSURJUDPVWREHLPSOHPHQWHGLQWKH&LWLHV including vehicles, containers, route operations, facilities, safety, and reporting. —&XVWRPHU6HUYLFH3ODQGHWDLOLQJVSHFL¿FDOO\FXVWRPHUVHUYLFHRSHUDWLRQV —Diversion Plan, describing the diversion and sustainability programs associated with providing the requested services.
—Education and Outreach Plan, specifying methods and public education materials that will be used at program start-up and throughout the agreement term and any extensions. —)LQDQFLDO6HUYLFHV3ODQDFFHVVWRFDSLWDOFXUUHQW¿QDQFLDOVWDWHPHQWVEDODQFHVKHHWSUR¿WDQGORVV statement and debt.
—Proposal Cost and Service Forms, excel worksheets for proposers to provide their proposed customer rates and supporting cost data.
› Section E: Evaluation Selection Criteria and Evaluation Process. › Section F: RFP Conditions, Communication Protocol for Contractors and the Cities, and Proposal Cost and Service Forms.
› Attachment 1: Draft Solid Waste Agreement.
Task %2.4.2 Finalize and Issue RFP and Agreement
Following staff review, R3 will be available to meet with staff and the Cities’ legal counsels to address comments. %DVHGRQ&LWLHV¶GLUHFWLRQ5ZLOO¿QDOL]HWKH5)3SDFNDJHDQGSURYLGHWKH&LWLHVZLWKDQHOHFWURQLFFRS\ZKLFKFDQ be used to present to City Councils for review, if desired. Prior to issuance of the RFP, each City Council will have the opportunity to review and provide comments.
Task %2.4.3 Conduct a Mandatory Pre-Proposal Meeting and Prepare the RFP R3 will conduct a mandatory pre-proposal meeting with prospective proposers. The pre-proposal meeting will provide the opportunity for the Cities to review the RFP with prospective proposers and answer questions as appropriate. We will prepare written responses to questions raised before and during the pre-proposal meeting for submittal to all parties that attended the meeting. In addition, R3 will prepare addenda to the RFP as necessary.
Task %2.5 Evaluate Proposals
R3 will assist the Cities with the evaluation of up to four proposals received in response to the RFP. The evaluation will include, but not be limited to, conducting an initial “pass-fail” checklist against RFP minimum requirements, and HYDOXDWLQJWKHSURSRVHUV¶TXDOL¿FDWLRQVUHIHUHQFHVSURFHVVLQJDQGGLVSRVDOIDFLOLWLHVDSSURDFKWRPHHWLQJGLYHUVLRQ UHTXLUHPHQWVFXVWRPHUUDWHV
SULFHV
FROOHFWLRQPHWKRGVFXVWRPHUVHUYLFHSURJUDPV¿QDQFLDOVWDWHPHQWVWUDQVLWLRQ experience and work plans.
1. SCOPE OF WORK
Exhibit A
4Cities of Richmond and San Pablo | Solid Waste Collection Agreements $IWHUWKHLQLWLDOHYDOXDWLRQLVFRPSOHWHGZHZLOOSUHSDUHDQ\ZULWWHQUHTXHVWVIRUFODUL¿FDWLRQWRWKHKDXOHUVDV necessary. In the event a proposal does not meet the minimum requirements of the RFP, we will recommend that the SURSRVDOEHGLVTXDOL¿HGDV³QRQFRPSOLDQW´
R3’s role in the evaluation process will also include facilitating the evaluation meetings and developing proposal summaries and rankings as appropriate. This will include providing staff with questions in advance to be asked to evaluate the information provided during interviews.
Separate sections of the evaluation analysis may include, for example:
› Executive Summary (introducing and summarizing the evaluation analysis and the recommendation.) › Summary of RFP Responses
› Financial Capability
› Technical Proposal (work plans including route design, public safety plan, sustainability programs, and education and outreach plan.)
› Customer Rate and Cost Proposals (consistent with the proposed activities, proposed equipment, requested services, and work plans.)
› Enhanced Proposal Terms
› Rate Revenues to the Hauler and Cities
› Start-up Capital Costs
Following drafting the evaluation analysis, R3 will facilitate several meetings with Cities’ staff, as directed. Meetings will include (1) a summary of the proposals received, including any proposed enhancements, and (2) the results of the evaluation process.
Additional aspects of the evaluation process will include:
› Meeting with Cities’ staff to discuss evaluation criteria and select proposers to be selected for interviews. › Coordinating interviews with up to four (4) proposers, including scheduling and development of questions in consultation with Cities’ staff.
› Leading up to two (2) meetings to provide (1) a summary of the proposals received, including any proposed enhancements; and (2) the results of the evaluation process. › Collaborating with staff to present results to the City Councils.
All work performed through Task 2 will be coordinated as a joint procurement effort covering both Cities at once.
Following presentation of evaluation results to the City Councils, R3 will work with the Cities individually to negotiate ¿QDODJUHHPHQWVZLWKWKHVHOHFWHGSURSRVHU7KHUHIRUH7 DVNZLOOHQWDLOZRUNHIIRUWVSHUIRUPHGWRWKHEHQH¿WRIWKH individual Cities, and not jointly.
Task %3 Negotiate with Top Ranked Proposer(s) and Present Results Task %3.1 Agreement Negotiations
%DVHGRQGLUHFWLRQIURPWKH&LWLHV5ZLOOFRQ¿UPGHDOSRLQWVDQGOHDG$JUHHPHQWQHJRWLDWLRQVZLWKWKHWRSUDQNHG proposer(s). Negotiations will focus on clarifying the proposer’s services and cost proposal and incorporating optional VHUYLFHVDVPD\EHVHOHFWHGE\&LWLHV¶VWDII7KLV7 DVNZLOOLQFOXGHPHHWLQJVZLWKWKH&LWLHVEHIRUHKDQGWRFRQ¿UPRXU approach for the negotiations. Our proposal assumes up to two (2) negotiation meetings with top ranked proposers, LQFOXGLQJSUHDQGSRVWGLVFXVVLRQVZLWK&LWLHV¶VWDIIWRFRQ¿UPDSSURDFKDQGUHFDSDVQHFHVVDU\ Task %3.2 Finalize New Agreement and Present Recommendations to City Councils R3 will present the results of the evaluation process to City Councils tentatively set for February 2024, including recommendations made by the evaluation team. This will include a summary of the proposal process, proposals received, the evaluation process, and the results and recommendations for award of the Agreement. Based on GLUHFWLRQIURP&LW\&RXQFLOVZHZLOOLQFRUSRUDWHSURJUDPFKDQJHVRURSWLRQVVHOHFWHGE\&LW\&RXQFLOVDQG¿QDOL]HWKH $JUHHPHQWIRUWKH¿QDOLVWSURSRVHUWRVLJQ7KLVZLOOLQFOXGHLQFRUSRUDWLQJFKDQJHVWRWKHGUDIWDJUHHPHQWWKURXJKWKH LVVXDQFHRIDGGHQGDE\WKH&LWLHV¿QDOSURJUDPRSWLRQVVHOHFWHGGXULQJWKHVHOHFWLRQSURFHVVSURSRVHGUDWHV¿QDO work plans, exhibits, etc.
R3 will prepare a second presentation to City Councils summarizing the evaluation process and recommendations for DZDUGEDVHGRQSURJUDPFKDQJHVRURSWLRQVVHOHFWHGE\&LW\&RXQFLOVGXULQJWKH¿UVWSUHVHQWDWLRQ
1. SCOPE OF WORK
Exhibit A
5Cities of Richmond and San Pablo | Solid Waste Collection Agreements Project Schedule
R3’s proposed schedule, below, incorporates tentative completion dates. Please note that this schedule provides the relative timing of major project tasks and will be adjusted, if necessary, based on when authorization to proceed is granted.
TASK TENTATIVE
COMPLETION
Project Initiation and Kick-Off Meeting August 2, 2023 Develop New Franchise Agreement September 13, 2023
Prepare RFP Package September 13, 2023
Finalize and Issue RFP and Agreement October 11, 2023
Conduct a Mandatory Pre-Proposal Meeting and Prepare RFP Addenda November 8, 2023 Proposals Due December 6, 2023
Proposals Evaluation January 10, 2024
Interviews January 24, 2024
Present Evaluation Team Results to City Councils February 21, 2024 Negotiate with Top Ranked Proposer(s) March 20, 2024
Finalize New Agreement and Present Recommendations to City Councils May 15, 2024 New Agreements July 1, 2025
1. SCOPE OF WORK
Exhibit A
6Cities of Richmond and San Pablo | Solid Waste Collection Agreements
2. R3 QUALIFICATIONS
$ERXW5
,QFRUSRUDWHGLQ&DOLIRUQLDLQ5LVD&DOLIRUQLD&HUWL¿HG6PDOO%XVLQHVVZLWKRI¿FHVLQ2DNODQG and Roseville. For the past two decades, we have specialized in providing a diverse range of solid waste PDQDJHPHQWFRQVXOWLQJVHUYLFHVWRSXEOLFDJHQFLHVLQFOXGLQJUDWHDQG¿QDQFLDOUHYLHZVFRPSHWLWLYH procurement and/or extension negotiations of collection, processing and disposal services; development, implementation and monitoring of service contracts and franchise agreements; and legislative compliance.
For the past two decades, we have specialized in providing a diverse range of solid waste management consulting services to public agencies, including:
› Planning, implementation and monitoring, and administrative services in support of legislative compliance with SB 1383 and SB 1016 and Assembly Bill (AB) 939, AB 341, AB 1826, AB 1594, AB 1669, AB 901, and AB 876.
› 5DWHDQG¿QDQFLDOUHYLHZVDQGDQDO\VHVRIIHHVUDWHVDQGUDWHVWUXFWXUHRSWLRQV › Competitive procurements and/or extension negotiations of collection, processing, and disposal. › Developing, implementing, and monitoring hauler performance of service contracts and agreements. 2XUWHDPKDVGHGLFDWHGWKHLUFDUHHUVWRWKH¿HOGRIVROLGZDVWHPDQDJHPHQWDQGVXVWDLQDELOLW\DQG skillfully deliver expert industry analysis and recommendations to our clients, who consist of municipalities, jurisdictions, public agencies, and joint power authorities - but never the solid waste companies we may be reviewing someday.
Procurement & Negotiation Services
Our team provides a variety of negotiation and procurement assistance services for our clients, ranging from assisting jurisdictions with “sole-source” negotiations with an existing service provider, to managing all aspects of a competitive procurement process for solid waste and recycling collection, recycling, organics, processing and disposal services. We typically provide “full-service” procurement assistance, meaning that we work closely with our clients on all aspects of a competitive procurement project.
Our procurement and negotiation services include the following:
› Negotiation, development, and monitoring of contracts and Agreements. › $VVLVWDQFHZLWKWKHWHFKQLFDODQG¿QDQFLDOHYDOXDWLRQRISURSRVDOV › Evaluation of commercial collection system service options and structures. › 'HYHORSPHQWRISROLF\DQGSURJUDPPDWLFDOWHUQDWLYHVWKDWPHHWWKHVSHFL¿FQHHGVRIWKHFRPPXQLW\ › Compliance monitoring and review.
› Design of performance standards, incentives, and penalties related to contractor performance. › Development of an annual adjustment mechanism to contractor compensation and user rates and fees. › Leadership in community and stakeholder engagement processes, including workshops, focus groups, surveys, interviews, and presentations.
› Preparation and distribution of Request for Proposals packages, including the Agreement and operating contracts.
2. R3 QUALIFICATIONS
Exhibit A
7Cities of Richmond and San Pablo | Solid Waste Collection Agreements Relevant Experience and References
Since 2002, R3’s project team has developed a unique level of relevant experience and knowledge of solid waste solutions that can help you deliver the programs and policies that your community needs. Our work, with a sampling shown below, covers everything from agreement negotiations to policy and ordinances development, legislative compliance, and education and outreach.
2XUWHDPLVSURXGWRKDYHVHUYHGFOLHQWVRYHUWKHSDVWWKUHH\HDUVDQGEHORZZHKDYHFRPSLOHGD sample list of projects relevant to the Cities’ scope of work.
Operations &
Performance
Review
Rate Study /
Financial
Review
SB 1383
Compliance
Negotiation
Assistance
Procurement
Assistance
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2. R3 QUALIFICATIONS
Exhibit A
8Cities of Richmond and San Pablo | Solid Waste Collection Agreements
3. PROJECT BUDGET
R3 proposes to complete a joint procurement for the Cities for a cost of $183,025. 7DEOH, below, shows the cost and relative level of effort broken out by task. Additional consulting services beyond those proposed will be charged at the hourly billing rates shown in Table 2, below. Note: The cost share, per City, is half of the total budget, or $91,512.50 per City. Fees for work completed will be billed monthly at the ¿UVWRIHDFKPRQWKIRUWKHSUHFHGLQJPRQWKDQGDUHGXHZLWKLQGD\VRIWKHLQYRLFHGDWH,WLVFRPPRQ to have the selected proposer reimburse the jurisdiction for the cost of the effort, and it is our intention to support the Cities in doing so via this engagement.
R3’s current agreement with the City is projected to have approximately $51,575 in remaining value after the conclusion of the current community engagement efforts. Given this remaining value, approval of this proposal would require an amendment of $131,450 to our agreement, for a revised not-to-exceed contract amount of $268,185.
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Breakdown of Costs
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Standard Hourly Billing Rates
CLASSIFICATION HOURLY RATE
Principal $ 285
Sr. Director $ 285
Director $ 240
Sr. Managing Consultant $ 220
Managing Consultant $ 200
Sr. Consultant $ 190
Consultant $ 170
Associate Consultant $ 155
REIMBURSABLE COSTS
&RQVXOWDQWV6XEFRQWUDFWRUV Cost plus 10%
Lodging and Meals Direct cost
Travel — Private or company car At Current Federal Rate Travel — Other Direct cost
Delivery and other expenses Direct cost
3. PROJECT BUDGET
Exhibit A