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HomeMy WebLinkAbout7.1 SolidWasteColl&Disposa CITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 2, 2004 SUBJECT: ATTACHMENTS: RECOMMENDATIO~ Execution of Solid Waste Collection and Disposal Agreements Report Prepared By: Richard Ambrose, City Manager Joni Pattillo, Assistant City Manager Jason Behrmann, Senior Analyst Ric Hutchinson, R3 Consulting Group 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 1) 2) 3) Amador Valley Industries Proposal Republic Services Proposal Waste Management Inc. Proposal Summary of Proposal Sections Removed Reference Summary Year 1 Cost Comparison of Agreement Scenarios Rate Comparison of Agreement Scenarios Republic Services Rate Comparison to Tri-Valley Cities Labor Contract Comparison Amador Valley Industries Rate Comparison to Tri-Valley Cities Waste Management Inc. Rate Comparison to Tri-Valley Cities Resolution Authorizing the City Manager to Execute the Collection Services Agreement Resolution Authorizing the City Manager to Execute the Disposal Services Agreement Detennine the preferred contractor(s) and service alternatives for collection and disposal services. Adopt attached resolution authorizing the City Manager to execute the Collection Services Agreement with the selected contractor Adopt attached resolution authorizing the City Manager to execute the Disposal Services Agreement with the selected contractor ------------------------------------------------------------------------------------------------------------- H/cc-forms/agdastmt.doc COPIES TO: Ric Hutchinson, R3 Consulting Gr4 ~. ITEMNO.~ Page 1 of 17 cJ FINANCIAL STATEMENT The financial impact of the solid waste agreements will be detennined by the collection contractor selected by the City Council. The impact of each option is summarized in the following table with the least expensive option listed first.: Pro osal 0 tion Total Com ensation -Year 1 Total Com ensation - 7 Years Republic Services with Altamont Dis osal $5,912,752 $41,389,264 Amador Valley Industries Collection with Vasco Road Dis osal $7,770,190 $54,391,330 Waste Management with Altamont Dis osal $7,802,764 $54,619,348 The recommended disposal option for each collection proposal has been included in the total compensation amount. The total compensation shown over the initial seven year Collection Agreement period does not include adjustments for growth or annual refuse rate index adjustments as provided in the agreement. It is estimated that the total annual compensation adjustment percentage would be similar among the three proposals, however the actual dollar amount would differ based on the Year 1 compensation amount. BACKGROUND The current contract with Waste Management Inc. ("WMI", dba Livennore-Dublin Disposal) expires on June 30, 2005. On April 6, 2004, the City executed a Consultant Services Agreement with R3 Consulting Group ("R3") to provide assistance with a competitive proposal process for solid waste services. On July 20, 2004, the City Council approved the Staff recommendation to release the Request for Proposals ("RFP") documents for the Collection Services Agreement and the Disposal Services Agreement. Proposals were due on September 13, 2004. The City received three proposals for Collection Services, including Amador Valley Industries ("A VI"), Republic Services Inc., ("Republic") and Waste Management, Inc., ("WMI"). The City received two proposals for Disposal Services, including Republic and WMI. PROCESS SCHEDULE The following table provides the RFP process schedule: Date RFP Document Available July 26, 2004 - 1 :00 p.m. Mandatory Pre-Proposal Conference August 16,2004 - 1 :00 p.m. Deadline to submit Written Questions August 27,2004 - 4 p.m. Proposals Due September 13,2004 - 1 :00 p.m. Contract Award November 2 or 16, 2004 Begin Service July 1, 2005 The table shown above contains the RFP process schedule. It is critical that the Council approve the selection of the Contractors and authorize the City Manager to execute the Collection Services Agreement and the Disposal Services Agreement as soon as possible. This is primarily due to the fact that the selected Contractor for the Collection Services Agreement must place orders for trucks, carts and bins, which is typically a lengthy process. Page 2 of 17 COLLECTION SERVICE AGREEMENT SUMMARY · Tenn: Seven (7) year initial tenn, plus (3) year option at the discretion of the City. · Minimum Diversion Rate: Contractor will be required to divert a minimum of fifty percent (50%) of all residential and commercial solid waste handled under the scope of the exclusive franchise. Contractor will be subject to liquidated damages for non-compliance. · Franchise and Administrative Fees: Contractor will be required to remit Franchise and Administrative Fees in an amount substantially equal to the amounts collected under the current contract. · Perfonnance Bond: Contractor will be required to submit a Perfonnance Bond (renewed annually) in the amount of$I,OOO,OOO. · Liquidated Damages: In an effort to ensure a high level of service, the Contractor will be subject to liquidated damages ranging from $100 - $25,000 for non-compliance with specific contractual requirements. · Continued Residential Collection and Recycling Programs: The following programs will continue to be provided to Dublin residents: o Variable Can Rate Structure: residents will continue to be offered garbage collection service in approximately 32, 64 and 96-gallon carts (similar to the current program). Residential rates will also continue to be based upon the size of the garbage cart, and will include the package of residential programs, including curbside recycling, organic waste collection, large item cleanup, etc. o Source-Separated Collection: residents will continue to use three (3) separate carts, including one each for garbage, commingled recyclables and organic waste. o Weekly Collection: the garbage, recycling and organic waste carts will continue to be collected weekly. o Used Oil Collection: used oil will continue to be collected weekly at the curb in containers provided by the Contractor. o Household Hazardous Waste Drop-off Event: the Contractor will continue to provide an annual HHW drop-off event. o Christmas Tree Collection: Christmas trees will continue to be collected at the curb during the period from December 26 through the end of January. · New Residential Collection and Recycling Programs: o On-Call Large Collection: residents may request up to three (3) Large Item collection events per year, and may place a maximum of seven (7) cubic yards of material on the curb for collection. The Contractor will be required to provide service within three business days of the customer request. The program will be expanded to include tires, E-waste, appliances, etc. at no additional charge. o Used Oil Filters: residents may place used oil filters on the curb for collection in conjunction with the used oil collection program. The Contractor will be required to provide containers to residents for the used oil containers. o Additional Organic Waste and Recycling Carts: residents may request one additional, or larger, organic waste and/or recycling cart at no additional charge. o Food Waste Collection: residents may place food waste in the organic waste cart for collection and processing. Page 3 of 17 o Household Batteries: residents may place household batteries in a zip-lock bag and place it in or on top of the recycling cart for collection. · New Commercial Programs o Commercial Recycling Service at No Additional Charge: Currently, commercial customers pay a fee for garbage collection and a separate fee for recyclables collection. Under the new Agreement, commercial customers will receive recycling services at no additional charge. This will make the commercial program consistent with the residential program, such that the customer rate is dependent on the level of garbage collection service, and includes all recycling programs. o Special Collection: the hauler will provide Special Collection Service at no additional charge (for example - up to 480 cubic yards per year at the direction of City staff for neighborhood clean-up events). · Service Rate Adjustments o Annual Rate Adjustments: Rates to be adjusted annually on July 1 S\ and the first rate adjustment will take effect on July 1, 2006. o Refuse Rate Index: Annual adjustments to the collection compensation will be based upon annual changes in five separate Indices maintained by the Bureau of Labor Statistics (Refuse Rate Index), plus pass-through disposal costs. The five indices account for cost changes in the following categories: labor; fuel and oil; vehicle replacement; vehicle maintenance; and all other costs. There is a 5% cap on the annual adjustment to the Refuse Rate Index. · Customer Service and Billing o The Contractor will continue to be responsible for customer service and billing functions. PROPOSAL EVALUATION PROCESS The proposal evaluation process fundamentally included the following four steps: Step I - Evaluation Team Perfonns Due Diligence: In the first step, the evaluation team perfonned a thorough due diligence process for each proposal received in response to the City's RFP. The evaluation team consisted of City staff members Joni Pattillo and Jason Behrmann, and Ric Hutchison of R3 Consulting Group. The due diligence process included the following tasks: · A complete review and analysis of each proposal; · Interviews with municipal client references; · Site visits to recycling, transfer, compo sting and disposal facilities; · Questions and points of clarification submitted to each proposer; · Presentations from, and interviews with, each proposer. Step 2 - Evaluation Team Assigns Raw Scores: In the second step, the evaluation team assigned raw scores to each proposal. The scoring was divided into four categories, with a possible 100 points available in each category. The evaluation criteria categories included the following: · Overall responsiveness to the RFP; · Proposers experience and qualifications; · Adequacy and completeness of the technical proposal; · Compensation (Cost / Service rates) The evaluation team assigned raw scores to each proposal on October 19,2004. Step 3 - City Council Assigns Criteria Weighting Factors to Detennine Proposal Rankings: In the third step, the City Council assigned weighting factors to each of the four evaluation criteria categories. The Page 4 of 17 final weighting factors established by the City Council at the October 19,2004 City Council Meeting were then combined with the raw scores from the evaluation team to establish the final proposal rankings. Step 4 - Final Weighting Factors: Table 1 provides a summary of the weighted scores, which are a combination of the raw scores provided by the evaluation team and the criteria weighting factors provided by the City Council. The weighted scores indicate that Republic scored the highest on the Collection Services proposal, and WMI scored the highest on the Disposal Services proposal. Table 1 Final Rankings - Weighted Scores Collection Disposal AVI 72.64 N/A Republic 81.91 83.46 Waste Management 69.55 86.63 The proposals have been included as attachments to this report. Sections ofthe proposals not affecting the evaluation process have been removed to streamline the review of the documents. Attachment 4 includes a summary of the sections removed ftom each of the proposals. The complete proposals are available upon request. The scores for each criteria used in evaluating the proposals are summarized below including a description of the relevant items affecting the outcome of the evaluations. EVALUATION TEAM PROPOSAL RATINGS ~ COLLECTION Responsiveness to RFP. In scoring this category the evaluators considered the following areas: · Order of proposal content (in relation to that required by the RFP) · Completeness of the proposal · Adequacy of the proposal content · Exceptions to the Agreement language I · Exceptions to the requested programs · Viable alternatives to the requested programs Using the above criteria the evaluators scored this category as follows: I Table 2~A I Collection Services Raw and Weighted Scores by Category I I Responsiveness to RFP Proposer Raw Score Weighting Factor Weighted Score AVI 81.67 12% 9.80 Republic 75.00 12% 9.00 Waste Management 53.33 12% 6.40 In developing these scores the evaluators considered the following factors: AVI · The proposal was substantially complete and provided the required infonnation in the appropriate order and manner requested in the RFP. · The company took no exceptions to the Agreement language. Page 5 of 17 · A VI's proposal did not include the use of Alternative Fuel Vehicles for the entire collection fleet. · The company provided an alternative collection program to reduce the number of collection vehicles. This option is discussed in greater detail in the Alternatives section of this report and in the Alternatives tab of Attachment 1. Republic · Republic's proposal was substantially in compliance with the requested order and manner requested in the RFP. · Republic's proposal included the payment of wages based on the wage scale used by Teamsters Local 315 in Contra Costa County, which may not meet the RFP requirements that the proposer pay prevailing wages in Alameda County. · Republic took several minor exceptions to the Collection Agreement language, although all items have been resolved to the satisfaction of the City. Waste Management · Waste Management's proposal was substantially in compliance with the requested order and manner requested in the RFP. However, it contained substantial amounts of inaccurate and incomplete infonnation. For example, the original compensation fonns submitted by WMI included franchise fees in the collection compensation amount, despite instructions to the contrary. This error significantly impacted the compensation amount in the original proposal. Fortunately, the error was identified by Staff and the corrected compensation fonns were submitted by WMI. Both sets offonns have been included in the Fonns section of Attachment 3. · Waste Management's proposal did not include several major programs as required by the RFP including: o The compost give-back provision; o The use of Alternate Fuel Vehicles for the entire collection fleet; o The provision of on-site supervision for neighborhood cleanup services; and o The ownership of carts by the City at the end of the Agreement. · Waste Management's compensation proposal, as originally submitted, did not include the cost of the programs referenced above. (The compensation proposal has since been revised to include the cost for the compost giveback and neighborhood cleanup programs.) · Despite instructions to the contrary, Waste Management took the position that the Collection Service Agreement provided by the City in the RFP was only to be used as a starting point for negotiations and made multiple and extensive changes to the Agreement language. They initially indicated that some of the exceptions were not negotiable, but when asked by the City if they would sign the Agreement if the City refused to accept any of their proposed changes, they indicated that they were uncertain. The majority of the issues remain unresolved. (The Collection Service Agreement, as amended by Waste Management, is contained in the appendix to the proposal submitted by Waste Management, which is provided as an attachment to this report.) Proposers Experience and Qualifications. The evaluators considered the following areas in scoring this category: · Organizational structure and management · Key staff qualifications · Similar services · Public education experience · Diversion experience · Transition experience · Customer service experience Page 6 of 17 · References · Financial stability Table 2-B Collection Services Raw and Weighted Scores by Category Experience and Qualifications Proposer Raw Score Weighting Factor A VI 78.33 30% Republic 78.67 30% Waste Management 80.00 30% In developing these scores the evaluators considered the following factors: All Companies Weighted Score 23.50 23.60 24.00 · Except as discussed below related to A VI, the proposers overall experience in providing collection and related services was very similar and therefore no detailed comments are provided. AVI · A VI is a new company and therefore the experience provided was that of companies operated by the owners of A VI. · Key staff, while new to A VI, have extensive experience in other companies owned by the owners of A VI. · A VI, as a new company, has no experience in providing collection services. However, this is offset by the experience ofthe key personnel with other waste companies. · References from municipalities receiving services from companies owned and operated by the owners of A VI were more positive than negative. There were some concerns related to business and school recycling programs. (See Attachment 5 to this report for details of the reference review.) Republic · While Republic has extensive experience in transition on a national level, the local company has limited experience. This should be mitigated by the experience of the key personnel with other waste companies. Republic & Waste Man3e:ement · References from municipalities receiving collection servIce from Republic and Waste Management were generally positive. There were some concerns related to public education and difficulties dealing with the management of Republic and Waste Management on contract and program issues. (See Attachment 5 to this report for details ofthe Reference review.) Technical Proposal - Collection. The evaluators considered the following areas in scoring this category: · Collection methods & operation · AFV plan · Diversion plan · Transition plan · Customer service plan · Public education plan · Processing plans · Violation history Page 7 of 17 Proposer AVI Republic Waste Management Table 2-C Collection Services Raw and Weighted Scores by Category Technical Proposal - Collection Raw Score Weighting Factor 77.00 30% 81.00 30% 76.67 30% Weighted Score 23.10 24.30 23.00 In developing these scores the evaluators considered the following factors: All ComDanies · Collection methods and operations of all proposers were very similar. AVI · A VI's Alternative Fuel Vehicle plan did not include the use of clean air vehicles for large item and roll off collection services. · A VI's Transition Plan provided very little detail of the specific steps to be completed leading up to and through transition and the planning required to complete those steps in a timely manner. · A VI's Public Education Plan was very detailed and included some innovative and aggressive ideas including the Neighborhood Recycling Leaders program and the Go Green Initiative. In addition, the Plan included funding to implement the Go Green Initiative in the initial year and to fund it through year 6 of the Agreement. ReDublic · Republic's Alternative Fuel Vehicle plan included the use of clean air vehicles for all collection service vehicles. · Republic's Transition Plan was very detailed and comprehensive. It included a substantial amount of community education. · Republic's Public Education Plan contained some innovative ideas, such as the Neighborhood Recycling Leaders program and the Neighborhood Grant program. · The School Outreach and Education portion of Republic's Public Education Plan was very brief and did not include any innovative or aggressive ideas. Waste Mana!!ement · Waste Management's Alternative Fuel Vehicle plan did not include the use of clean air vehicles for roll off collection services. · Waste Management's Transition Plan was very brief and did not adequately address transition to the new "no charge" recycling programs for multi-family and commercial customers. · Waste Management's Public Education Plan contained little detail and did not contain any innovative or aggressive new programs. Compensation - Collection. The evaluators considered the following areas in scoring this category: · Collection compensation · Discount (for award of Collection and Disposal Service Agreements to the same proposer) Page 8 of 17 Proposer AVI Republic Waste Management Table 2-D Collection Services Raw and Wei2;hted Scores by Cate2;ory Compensation - Collection Raw Score Weighting Factor 58.00 28% 89.33 28% 57.67 28% Weighted Score 16.24 25.01 16.15 In developing these scores the evaluators considered the following factors, which are highlighted in Table 3 below: AVI · A VI's Collection & Container compensation proposal was 44.9% higher than that of the lowest proposer, Republic. · A VI's proposal was based on the delivery of solid waste to the Vasco Road Landfill. In the event the waste was directed to the Altamont Landfill the Collection compensation element for the first year of the Agreement would be increased by 3.88% or $220,450 for a total of $5,902,200. · A VI's container compensation proposal was approximately 1% higher than that submitted by Republic. Republic · Republic's Collection & Container compensation proposal was the lowest by approximately $1.8 million as shown in Table 3 below. · Republic's proposal was based on the delivery of solid waste to the Vasco Road Landfill. In the event the waste was directed to the Altamont Landfill the Collection compensation element would be increased by 4.02% or $155,270 resulting in a total collection and container compensation of $4,209,770. · Republic's container compensation proposal was the lowest. Waste Mana2;ement · Waste Management's Collection & Container compensation proposal was 44.6% higher than that ofthe lowest proposer, Republic. · Waste Management's proposal was based on the delivery of solid waste to the Altamont Landfill. However, they did not provide a cost differential for delivery of waste to the Vasco Road Landfill. · Waste Management's container compensation proposal was approximately 49% higher than that submitted by Republic. COLLECTION COMPENSATION COMPARISON FOR AGREEMENT YEAR 1 The following table provides a comparison of the proposed collection and container compensation amounts in each of the three proposals received. A more detailed comparison including the franchise and administrative fee element and the disposal element is included in Attachment 6. Table 3 Collection Compensation Container Compensation Total Proposed Collection & Container Compensation For Agreement Year 1 A VI Republic Waste Management $5,681,747 $3,862,500 $5,677,141 $193,654 $192,000 $285,501 $5,875,401 $4,054,500 $5,962,642 Page 9 of17 In addition, the compensation fonn required the proposers to submit a tonnage amount that they anticipated for Year 1. The tonnage amount affects the overall compensation as the tonnage is multiplied by the disposal tip fee, to produce the disposal compensation amount shown on Attachment 6. The tonnage submitted by the three companies is shown on the following page. Proposal Disposal Tonnage AVI 31,107 Republic 27,650 WMI 32,637 EVALUATION TEAM PROPOSAL RATINGS - DISPOSAL The following table shows the weighted scores for the disposal proposals for each of the evaluation criteria. Table 4 DisDosal Services Raw and Weighted Scores by Catefwrv Responsiveness to RFP - Disposal Evaluation Criteria Weighting Republic Waste Factor Management Responsiveness to the RFP · Order of proposal content & completeness of the proposal · Adequacy of the proposal content · Exceptions to the Agreement language · Exceptions to the requested programs · Viable alternatives 12% 9.92 9.00 Experience and Qualifications · Overall structure and management · Key staff qualifications · Similar services · References · Financial stability 30% 25.80 26.00 Technical Proposal- Disposal · Disposal services · Operations plan · Capacity guarantee · Required expansion · Facility location · Violations history 30% 24.50 25.50 Compensation - Disposal · Disposal rates 28% 23.24 26.13 · Discount Total Weighted Scores 100% 83.46 86.63 ResDonsiveness to RFP There was not a great differential in the scoring of this category. The primary issue in this category was that Waste Management did not submit disposal rates for the entire ten year period as required by the RFP, but instead included the first year cost with a note that rates would be adjusted annually based on 80% of CPI. At Staffs request, WMI resubmitted the disposal rates fonn in accordance with the RFP. Both Republic and WMI included an exception to remove the "Most Favored Customer" provision from Page 10 of17 the Disposal Agreement. This provision requires that the City's disposal rate not exceed the lowest rate charged at the disposal facility to any similar size jurisdiction at any time during the agreement. Experience and Qualifications Both companies have similar qualifications and experience resulting in virtually identical scores. Technical Proposal There is a minor scoring differential in the category primarily due to the capacity guarantee and expansion plans of Republic. The proposal submitted by Republic indicated that there were plans to expand the Vasco Road Landfill in the next several years and the impact of that expansion was unknown, although Republic did indicate that it would not affect its ability to accept waste due to an abundance of remaining pennitted capacity at the landfill. Republic indicated that it would provide a capacity guarantee but it was not included as part of the proposal. Compensation The following table includes a rate comparison of the proposals: Table 5 Component Total Cost Per Ton Comparison Republic (Vasco Waste Management Road) (Altamont Landfill) $17.20 $12.76 $13.41 $13.41 - $1.25 - $.075 Tip Fee Government Fees -Misc Open Space Fee County Planning Fee Total $30.61 $27.50 As shown in the above table, there is a modest rate differential between the two proposals. Additionally, WMI stated during the interview process that there are two governmental surcharges and/or fees levied at the Altamont Landfill that are not levied at the Vasco Road Landfill. The two fees include the County Open Space Fee ($1.25/ton) and the County Planning Department Fee ($.075/ton), for total additional fees of$1.325/ton collected at Altamont (compared to Vasco). WMI expressed concern that the comparison of cost proposals for disposal services is not equitable if governmental fees are charged at Altamont that are not charged at Vasco. In addition, WMI stated that there is currently an effort underway to implement these government fees and surcharges at the Vasco Road Landfill in an effort to "level the playing field". It is unknown at this time when or if these fees will be imposed at the Vasco Road Landfill although Staff believes that there is a high probability that these fees will be levied sometime during the tenn of the Agreement. It is important to note that all new governmental fees are passed through to the City. If the additional fees are levied in the future, the compensation differential will be even greater. The compensation category provided the most significant scoring difference, resulting in WMI receiving the highest weighted disposal score. FRANCHISE FEE CALCULATION The City currently receives a 12.6% Franchise Fee and a 2% Administrative Fee on gross revenues received under the Collection Services Franchise Agreement. The Franchise Fee revenues received by the City grow proportionally to the annual increases in the total revenues generated under the Franchise Agreement. During the period from Fiscal Year 1997-98 through Fiscal Year 2003-04, Franchise Fees received by the City grew at an average annual rate of 11.01 %, due to Page 11 of 17 the City's growth and annual rate adjustments. Based on Staff projections, it is estimated that these fees will generate approximately $942,604 in General Fund revenues during the 2005-06 Fiscal Year. The Collection Services Agreement language will be amended to establish the Franchise am;! Administrative Fee percentage at a level that will generate a similar amount of revenue to that which the City currently receives This percentage will differ depending on the contractor selected by the Council, but will be set to produce the desired revenue. By establishing the fee as a percentage of gross revenues, the franchise fee revenues will continue to grow throughout the life of the Collection Services Agreement consistent with the current agreement. COLLECTION AND DISPOSAL SERVICE OPTIONS There are a number of different options for the provision of solid waste collection and disposal services that should be carefully considered. The following sections provide a detailed comparison of the pros and cons of selecting among the three collection service providers. Staff has included the recommended disposal site for each collection service option. A complete comparison of the total compensation for Year 1 for each of the service alternatives is included in Attachment 6. The proposal options are presented with the least expensive option first. REPUBLIC SERVICES COLLECTION WITH AL T AMONT LANDFILL DISPOSAL Republic Services was the number one overall Collection Services proposal according to the weighted scores. The total cost for selecting Republic as the collection service provider, including awarding the Disposal Agreement to WMI for the Altamont Landfill is $5,912,752 as shown in option 1 of Attachment 6. If Republic is selected by the City Council as the preferred collection option, Staff recommends the Disposal Agreement be awarded to WMI for the Altamont Landfill. When comparing the first year costs between Republic Services disposing at the Vasco Road Landfill and the Altamont Landfill, it appears that Republic collection with disposal at Vasco Road is the least expensive option as shown on Attachment 6. Although the disposal proposal from WMI for the Altamont Landfill included a lower tip fee, the multi- service discount submitted by Republic Services if awarded both Agreements and the compensation increase required by Republic to haul to the Altamont Landfill make the Vasco Road Landfill option less expensive in Year 1. However, the RFP required Contractors submitting cost proposals for disposal services to provide tip-fees for the full ten-year tenn of the Disposal Agreement. Based upon those tip-fee proposals and assuming the additional $1.325/ton open space and planning fees will be imposed at the Vasco Road Landfill, if the City were to select Republic to provide Collection Services, the costs to the City to enter into a Disposal Agreement with Republic for disposal at Vasco Road are roughly equal to the cost of a Disposal Agreement with WMI for disposal at Altamont over the tenn of the Agreement as shown below: Total Compensation for duration ofTen Year contract Republic to Vasco Road with $1.325/ ton additional fees: $60,887,556 Republic to Altamont $60,805,765 Additionally, there may be some advantage to selecting different collection and disposal companies. The execution of the Collection Agreement with one contractor and the Disposal Agreement with a separate contractor creates an incentive for the Collection Contractor to maximize the level of recycling. This results from the fact that if the Collection Contractor is required to pay a tip-fee to a separate company for disposal capacity, the Collection Contractor has a strong incentive to maximize landfill diversion to avoid paying the tip-fee to the separate company. On the other hand, if the Collection Contractor is disposing of material at its own landfill, the tip-fees are generating revenues that will remain within the company, and the only recycling incentive for the Collection Contractor is to comply with the provision of the Agreement. Page 12 of 17 Rate Impact The option to select Republic as the collection service provider and the Altamont Landfill as the disposal site will require the lowest rate increase among the three proposals. As shown on Attachment 7, the overall rate increase would be approximately 14%. A comparison of these rates to those of other cities in the Tri-Valley is included as Attachment 8. Labor Impact The proposal from Republic calls for collection vehicles servicing the City of Dublin to be staged out of its facility in the City of Richmond. The Richmond facility operates under a labor contract with Teamsters Local 315. The Local 315 contract provides a wages and benefits package that is slightly lower than the Teamsters Local 70 contract for the current Dublin drivers. A detailed comparison of the labor contract compensation packages is included as Attachment 9. It should be noted that the total compensation differential between the two unions for the Dublin drivers is estimated to be approximately $125,000 per year as shown on page 2 of Attachment 9. This difference is not sufficient to explain the $1.8 million difference in cost between the Republic proposal and the other two proposals. Republic has indicated that if it were selected, the current Local 70 employees with WMI will be offered employment with Republic under the Local 315 contract. If the current employees reject a job with Republic, they will remain in the Local 70 driver pool and will likely be reassigned to a different City as their seniority level pennits. The current draft Collection Services Agreement requires the payment of prevailing wages of Alameda County. While there has been no detennination made on the current solid waste prevailing wages in Alameda County, it is likely that the prevailing wage would be similar to those provided by Local 70, given they represent the majority of solid waste workers in Alameda County. Therefore, if Republic is the preferred contractor, Staff recommends that the current draft Collection Agreement language be amended to specify the payment of Teamsters Local 315 wages. If the Council does not wish to amend the Collection Agreement language, Republic has indicated that it would be unable to sign the Collection Agreement. AMADOR VALLEY INDUSTRIES WITH VASCO ROAD LANDFILL DISPOSAL Amador Valley Industries was the number two overall Collection Services proposal according to the weighted scores. The total first year cost of selecting A VI as the collection service provider, including awarding the Disposal Agreement to Republic Services for the Vasco Road Landfill is $7,770,190 as shown in option 2 of Attachment 6. If A VI is selected by the City Council as the preferred collection option, Staff recommends the Disposal Agreement be awarded to Republic Services for the Vasco Road Landfill. Although the disposal proposal from WMI for the Altamont Landfill included a lower tip fee, the additional compensation required by A VI to haul to the Altamont Landfill make the Vasco Road Landfill option less expensive over the life of the Agreement. Rate Impact The option to select A VI as the collection service provider and the Vasco Road Landfill as the disposal site will require a significant rate increase for Dublin ratepayers. As shown on Attachment 7, the overall rate increase would be approximately 50%.. A comparison ofthese rates to those of other cities in the Tri- Valley is included as Attachment 10. Labor Impact A VI currently has no labor contracts with any union organization. However, A VI has submitted a letter to the City, included in the Labor Agreement section of Attachment 1, indicating that if it were selected, it would be willing to sign a contract with Local 70 and offer employment to the existing employees. Page 13 of17 WASTE MANAGEMENT WITH ALTAMONT LANDFILL DISPOSAL Waste Management was the number three overall collection service proposal according to the weighted scores. The total cost for selecting WMI as the collection service provider, including awarding the disposal contract to WMI for the Altamont Landfill is $7,802,764 as shown on option 3 of Attachment 6. If WMI is selected by the City Council as the preferred collection option, Staff recommends the disposal Agreement be awarded to WMI for the Altamont Landfill due to the significantly lower disposal compensation. As can be seen from Attachment 6, the disposal compensation for the Altamont landfill is $101,501 less than the compensation for Vasco Road in Year 1 of the Agreement. Although there are significant benefits to selecting different collection and disposal companies as previously described, the cost benefits of selecting WMI for both Agreements outweigh these other benefits. Rate Impact The option to select WMI as the collection service provider and the Altamont Landfill as the disposal site will require a significant rate increase for Dublin ratepayers. As shown on Attachment 7, the overall rate increase would be approximately 51 %. A comparison of these rates to those of other cities in the Tri- Valley is included as Attachment 11. Labor Impact WMI currently stages the collection vehicles operating in the City of Dublin out of its facility in the City of Livennore. WMI operates its Livennore facility under a labor contract with the Teamsters Local 70. If the City elects to enter into an agreement with WMI, the current WMI employees would continue operating within the City at their current salary, seniority and benefit level. COST SAVINGS FOR PROGRAM ALTERNATIVES The RFP required proposers to provide cost proposals for several different program alternatives, including the following: I) the elimination of the Residential Food Waste Collection Program; 2) the reduction of the allowable material volume limit in the Large Item Collection Program from seven (7) cubic yards to five (5) cubic yards per collection event; 3) the elimination of electronic waste from the Large Item Collection Program; and 4) the elimination of the requirement for Alternate Fuel Vehicles. Table 6 below provides the cost savings provided by each of the three haulers for each program alternative: Table 6 Net Cost Savings for Program Alternatives A VI Republic Alternative No Residential Food Waste Collection Program Large Item Collection program @ 5 cubic yards versus 7 cubic yards No E-waste accepted III Large Item Collection Program No Alternate Fuel Vehicle Requirement $ 59,128 $ - $ 66,667 $ 400,392 $ 508 $- $ 4,200 $ 223,800 Waste Management $- $ 36,004 $ 12,000 $ 295,085 With the exception ofthe Alternate Fuel Vehicle option, the potential cost savings offered by the proposers are not sufficient to offset the benefits the residents will receive from the services as specified in the RFP. The cost savings from deleting the requirement for Alternate Fuel Vehicles are sufficient to merit a review of the effect selecting this option would have on the residential and commercial rates. Page 14 of 17 Alternate Fuel Vehicle ODtion ComDarison Table 7 Republic With AFV Without AFV Required Rate Increase (%) 14.00% 9.60% Service Level 32 Gallon Residential Cart $11.57 $11.12 1 Cubic Yard Container Once per Week $49.54 $47.63 AVI With AFV Without AFV Required Rate Increase (%) 50.30% 42.5% Service Level 32 Gallon Residential Cart $15.26 $14.46 1 Cubic Yard Container Once per Week $65.32 $61.93 Waste Mana2ement With AFV Without AFV Required Rate Increase (%) 51.00% 45.20% Service Level 32 Gallon Residential Cart $15.33 $14.74 1 Cubic Yard Container Once per Week $65.62 $63.1 0 PROGRAM ALTERNATIVES A VI and Waste Management presented additional program alternatives that are described in the following section of this report. AVI A VI proposed to implement a "Brown Bag" diversion program. Under this program residents would seal their non-recyclable garbage in a "brown bag" and place the bag in the Recyclable Cart. The brown bags would then be removed from the recyclable stream at the MRF/transfer station. Under this program the number of trucks and carts would be reduced from 3 to 2 providing for less truck traffic and benefiting the residents through reduced air emissions, reduced impact on Dublin streets and reduced noise impact. However only those residents subscribing to the minimum level of garbage service, which represents approximately 65% of Dublin residents, would be able to eliminate a cart. The garbage/recycling cart proposed by A VI would be 96 gallon, therefore a 32 gallon garbage cart and 64 gallon recycling cart would have the same capacity as the proposed 96 gallon garbage/recycling cart, thereby eliminating the need for a third cart. However with either of the current 64 gallon or 96 gallon garbage carts service level options, the 96 gallon garbage/recycling cart would have less capacity than the existing combination of separate garbage and recycling carts, therefore, residents would have to either reduce their capacity or add a third cart. While A VI did indicate that this program would reduce their capital costs over the life ofthe Collection Service Agreement by $950,000 they did not provide alternative compensation proposal fonns as required by the RFP to allow the City to actually evaluate the alternative proposal. In addition, when questioned about this alternative at the proposer interview they indicated that this alternative was only presented for discussion purposes and that implementation would require a considerable amount of effort, including obtaining pennission from the City of Pleasant on to bring garbage to the MRF/Transfer Station along with the recyclables. In addition, to be successful the program would require that several conditions be met by the residents including; the participation of virtually all of the residents in the residential food waste program so that Page 15 of17 only "dry" garbage was placed in the "brown bags" and utilization by the residents of a special "brown bags" that were strong enough to withstand being mixed in the collection vehicle with the recyclables without splitting and contaminating the recyclable materials. While staff applauds A VI for their initiative in proposing the program, and believes that this type of program may one day be a viable alternative, it does not appear that this program has been developed to the point where it could be implemented in the near future. Waste Manae:ement Waste Management proposed to utilize their existing vehicles and carts instead of providing Alternate Fuel Vehicles and new carts. With this option, carts would continue to be replaced or repaired as required, however by using an older vehicle fleet, there may be more time lost due to repair and maintenance requirements that could impact the delivery of service. The table below compares the proposed alternative Collection and Cart compensation with that of their base proposal and that ofthe other proposers. Table 8 Comparison of Proposed Base and Alternative Collection & Container Compensation AVI Republic WM WM Alternative Base Proposal Base Proposal Base Proposal Proposal Collection $5,681,747 $3,862,500 $5,677,141 $5,026,626 Compensation Container Compensation $ 193,654 $ 192,000 $ 285,501 $ 181,078 Total $5,875,401 $4,054,500 $5,862,642 $5,207,704 While this alternative proposal does provide a Collection and Cart compensation reduction of $745,000, or 14.30%, it is still $1,153,000 higher than the base proposal of Republic. The required rate increase and a sample of the resulting rates are set forth in the following table. Table 9 Waste Management - Comparison of Base and Alternative Proposal Base Proposal Alternative Proposal Required Rate Increase (%) 51.00% 36.4% Service Level 32 Gallon Residential Cart $15.33 $13.84 1 Cubic Yard Container Once per Week $65.62 $59.28 Decision Points To assist the City Council in their decision to select a solid waste contractor for the City of Dublin for the next 7-10 years, Staff recommends that the Council consider the following key issues: 1) A key factor in the decision is whether to require Alameda County prevailing wages for the selected Collection Contractor. 2) If the Council detennines that there is some flexibility in this Collection Agreement provision, the Council must then decide which of the three proposals best meets the needs of the City and its residents and businesses. 3) If the Council decides that the Alameda County wage provision must be included in the Collection Agreement, Republic would be effectively eliminated from consideration, given their current labor contract with Teamsters Local 315, which would presumably not meet the prevailing wage requirements of Alameda County. The Council must then decide between the proposals submitted by A VI and WMI. Page 16 of 17 4) The Council should then consider whether the proposed 50% rate increase resulting from selecting either A VI or WMI, is acceptable and whether the additional services justify this expense. 5) If the Council is satisfied with either of the proposals and the potential rate increase, then the Council can select the proposal that the Council detennines is in the best interest of the City and approve the resolution executing the Collection Agreement. 6) If the Council detennines that the 50% rate increase is unacceptable, there are several options that could be considered to reduce the total compensation and the impact to the rates. The following options may be considered: a. Eliminate Alternative Fuel Vehicle requirement - Table 7 shows the potential rate reduction that could result from selecting this option. b. Accept alternative proposals submitted by WMI to utilize existing trucks and carts. Table 9 indicates the potential rate reduction that could result from selecting this option. c. Explore "Brown Bag" proposal from A VI. This would require additional discussions between Staff and A VI and it is unclear at this time what impact this would have on the rates. 7) If the Council gets to this point and is not comfortable with any of the available options, the Council could direct Staff to extend the current agreement with Waste Management by one year and go back out to bid. There were a number of external factors that affected the number of proposals received, including other RFPs released at the same time. It is possible that additional companies may elect to submit a proposal if it were re-released. RECOMMENDATION Detennine the preferred contractor(s) for collection and disposal services and adopt the attached resolution authorizing the City Manager to execute the Collection Services Agreement with the selected Collection Contractor and adopt the attached resolution authorizing the City Manager to execute the Disposal Services Agreement with the selected Disposal Contractor. Final minor amendments have been made (changes highlighted) to the attached proposed Agreements. Staff recommends that with the exception of the "Most Favored Customer" provision, that all company proposed Agreement language changes be disregarded and that the Agreements be approved in substantially the fonn attached as exhibits to the resolutions. Staff recommends deletion of the "Most Favored Customer" provision due to the Staffs concurrence that the Disposal Agreement should stand on its own merit and that other contracts may not reflect the same operating assumptions and risks. This was an item that neither WMI nor Republic was willing to negotiate. Additionally, if Republic is selected as the Collection Contractor, that the Collection Service Agreement Prevailing Wages section be amended as follows: "20.02 Prevailing Wages. Wages and benefits applicable to employees of CONTRACTOR performing work under the Agreement shall not be less than those prevailing for comparable work. The prevailing wages shall be governed by the wages and benefits provided to Teamster's Garbage and Recycling Unit Members for Local 315 or Local 70 depending on which local has jurisdiction over the CONTRACTOR's workers for work under this Agreement." Any additional Agreement language changes will be limited to clarification and will not affect the content or intent of the Agreement approved by City Council. Any significant changes prior to execution will be brought back to the Council for approval. Page 17 of 17