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Home My WebLink About4.04 SolidWasteFranchise CITY CLERK File # D[8[O][C·rgQ] AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 16, 2004 SUBJECT: Amendment to Solid Waste Franchise Consulting Services Agreement Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: 1) Resolution Approving First Amendment to Consulting Services Agreement with R3 Consulting Group RECOMMENDATIO~ Þ I) Adopt Resolution FINANCIAL STATEMENT: The revisions to the Consultant Services Agreement with R3 Consulting Group is for an amount not to exceed $25,110. These funds will be reimbursed by the selected solid waste service contractor(s). The Fiscal Year 2004-2005 Budget is sufficient to cover these additional costs, therefore a budget change is not required at this time. DESCRIPTION: The City Council approved a Consulting Services Agreement with R3 Consultant Group to assist the City in preparing a Request For Proposals and negotiating rranchise agreements for solid waste collection and disposal services. At the meeting of November 2,2004, the Council directed Staffto solicit best and final offers from Amador Valley Industries, Republic Services and Waste Management Inc. There is significant work involved in this process that was not anticipated in the original scope of work provided in the Agreement between the City and R3, therefore an amendment to the agreement is required. This additional work is described in detail in the First Amendment to the Consulting Services Agreement (Attachment 1). RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the First Amendment to the Consulting Services Agreement with R3 Consulting Group. ------------------------------------------------------------------------------------------------------------- H/cc-forms/agdastmt.doc COPIES TO: Ric Hutchinson, R3 Consulting Group ITEM NO. 4-: ~ I~f C/ l~Z RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH R3 CONSULTING GROUP FOR SOLID WASTE PROCUREMENT SERVICES WHEREAS, on April 6, 2004 the City Council approved a Consulting Services with R3 Consulting Group to assist the City in preparing a Request For Proposals and negotiating franchise agreements for solid waste collection and disposal services; and WHEREAS, the City Council has determined that it is in the City's best interest to request "best and final" offers from the companies that submitted proposals for solid waste collection and disposal services; and WHEREAS, the original scope of work provided in the agreement did not anticipate the work that is required to perform these additional services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Consulting Services Agreement with R3 Consulting Group attached hereto; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk \1-llÞ"'C'-' L.f. ~ ATTACHMENT 1 ~ÞfJi FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN CITY OF DUBLIN AND R3 CONSULTING GROUP This First Amendment to the Consulting Services Agreement between the City of Dublin and R3 Consulting Group ("Agreement") is made by and between the City of Dublin ("City") and R3 Consulting Group("Consultant") this 16th day of November, 2004. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follow: 1. AMENDMENT OF AGREEMENT. Section 2 of the Agreement is hereby amended by increasing the payment for services rendered from $79,950 to $105,060. Exhibit A Scope of Services is hereby amended by the addition of Task 5 attached hereto and Exhibit B Compensation Schedule is hereby amended by the addition of Task 5 attached hereto. 2. OTHER TERMS OF AGREEMENT TO REMAIN IN EFFECT. All other terms and conditions of the Agreement shall remain in effect. 3. CONFLICTING TERMS. Wherever the terms of this Amendment and the terms and conditions of the Agreement conflict, the terms of this Amendment shall be deemed to supersede the conflicting terms of the Agreement. CITY OF DUBLIN CONSULTANT RICHARD C. AMBROSE; CITY MANAGER RICHARD J. HUTCHINSON, PRINCIPAL First Amendment to Consulting Services Agreement between City of Dublin and R3 Consulting Group November 16, 2004 Page 1 of 1 ~'brp EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between City of Dublin and R3 Consulting Group--Exhibit A Project Approach On November 2, 2004, the Dublin City Council requested that companies that had proposed on the Collection and Disposal Services RFP submit a "best & final" offer to the evaluation team by November 16, 2004. At the same time, the evaluation team was directed to review and evaluate the "best & final offers" and prepare a staff report and recommendation for the December 6, 2004 special Council session. At the request of the City, R3 has prepared the following scope of services to assist in the review and evaluation of the "best & final" offers from the Collection and Disposal Service proposers. Work Task This section details R3' s work tasks for providing the requested services and is a continuation of the original Scope of Services. Task 5: Evaluation of "Best & Final" Offers Task 5.1 Preparation of "Best & Final Documents and Forms R3 will prepare a draft of the Instructions to Proposers which will be presented as Addendum 4 to the RFP and will include the following documents and forms. · Instructions for preparing "best & final" offers for Collection and Disposal proposers; · Submittal of signature pages for Collection and Disposal Service proposers; · Updated Collection Compensation Proposal forms D-1 through D-4 and D-6 through 0-8; · Updated Disposal Rate Forms E-1 through E-5; · New Collection Service Information Forms to gather data regarding the information used by the proposers to develop their Collection Compensation proposals, including number and type of vehicles, number of routes by type of service, number of drivers & helpers, number of trips by type of service, tonnage collected, tonnage disposed and tonnage diverted by type of service, and customer census data. The Addendum will be submitted to the City for review, finalized and delivered to the proposers. J1I$f)ß Scope of Services Task 5 R..3 Page- 1 Scope of Services Q3 Page- 2 6~<J Task 5.2 Proposer Meetings As part of the evaluation team, R3 will meet with the proposers during the week of November 8, 2004 to discuss the status of their submittal and to answer questions and provide direction during the preparation of the documents. This will help ensure that the final documents are complete and prepared in the manner directed by Council. Task 5.3 Evaluation of "Best & Final" Proposals R3 will assist the City in evaluating the "best and final" proposals. For this task, R3 will be responsible for the following: · Preparing written responses to questions received during the re-submittal process; · Assisting the evaluation committee with the evaluation of each proposal; · Preparing an evaluation matrix to easily compare the proposed collection compensation and disposal rates for each service or program; · Scheduling and conducting interviews with the proposers if needed; · Preparing written request for clarification to the proposers, as necessary; · Negotiating proposed program changes and the related contractual language changes developed by the three proposers as part of the submittal of "best and final: submittals; and · Developing financial comparisons of alternate cost and compensation scenarios for Collection and Disposal Service proposals. Task 5.4 Council Report and Presentation R3 will assist the City in developing the Council staff report and presentation on the evaluation results and presenting that report to the Council to the December 6, 2004 meeting. For this task R3 will be responsible for: · Assisting in the preparation of the staff report to Council on the results of the evaluation; · Assisting in the development of the Council presentation; and · Attendance and participation at the December 6, 2004 Council Session. Task 5.5 Additional Negotiations with Selected Contractor(s), and Finalization of Revised Franchise Agreements for City Council Approval R3 will participate in Franchise Agreement negotiations with the selected contractor(s). Negotiations will focus on c1arifyingchanges in the contractor's service and cost proposals and finalizing contractual language developed as a result of the "best and final" process. Based on similar project experience, we anticipate a series of offers and counter-offers with the selected contractor(s) over an approximate two-week period. For this task, R3 will be responsible for: · Participating in negotiations with the selected contractor(s). Negotiations will focus on clarifying the contractors' service and cost proposals, finalizing contractual language, developed as the result of the submittal of "best & final" offers. This task will also include clarification of the proposed collection compensation and disposal rates; · Preparing a listing of outstanding service, cost, and Franchise Agreement issues to be negotiated with the contractor(s); · Revising the Franchise Agreement(s) based on the results of the "best and final" negotiation sessions; and · Assisting in the presentation of the results of the final negotiations of the "best & final" submittals to the City Council. Scope of Services (P'1{Þ Q3 Page~ 3 1tJÖ~ COMPENSATION SCHEDULE Consulting Services Agreement between City of Dublin and R3 Consulting Group--Exhibit 8 t~$ Scope of Services Project Budget The project budget table below provides a not-to-exceed cost estimate for Task 5. Task Hours Cost Task 5.1: Preparation of "best & final" 6 $ 810 documents and forms Task 5.2: Proposers Meetings 20 $ 2,700 Task 5.3: Evaluation of "Best & Final" 48 $ 6 ,480 Proposals Task 5.4: Council Report and Presentation 32 $ 4,320 Task 5.5: Negotiation and Execution of 80 $10,800 Revised Franchise Agreement(s) Totals 186 $25,110 Q3 Page- 4