CC - Item 5F - Award of Professional Services Agreement for Solid Waste Consultant ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
-29
FROM: BEN KIM, CITY MANAGER
DATE: SEPTEMBER 13, 2022
SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR SOLID
WASTE CONSULTANT SERVICES
SUMMARY
The City of Rosemead is in its final year of a franchise agreement for solid waste and recycling
collection services with Consolidated Disposal Services (CDS), the agreement is set to expire on
July 31, 2023. At the July 13, 2021, City Council meeting, Council Member Ly requested to
discuss the City's current franchise waste hauler agreement and inquired about the timeline and
process to procure a new agreement. Based on City Council discussion, it was determined that due
to the highly regulated and specialization of the solid waste collection industry, the use of a solid
waste consultant would be beneficial for the City to assist in procuring a new waste hauler
agreement. Furthermore, Council Member Ly requested staff to agendize an item at a future City
Council meeting to further consider the use of a solid waste consultant.
On August 8, 2022, staff released an RFP for solid waste consulting services to provide assistance
with the procurement of a new solid waste franchise agreement and associated consulting services,
and received one (1) proposal from R3 Consulting Group Inc. (R3). After review, staff determined
that R3 submitted a qualified proposal to provide solid waste consulting services in the amount of
$139,745. Fees related to the solid waste consulting services are proposed to be recovered within
the negotiations of the new franchise agreement. Staff is requesting that the City Council authorize
the City Manager or his designee to execute a professional services agreement with R3 for solid
waste consulting services.
DISCUSSION
The City of Rosemead's franchise agreement for solid waste and recycling collection services with
Consolidated Disposal Services (CDS) is set to expire on July 31, 2023. The franchise agreement
provides for the collection of waste and recycling services to residential and commercial
properties. Over the past decade, several legislative actions have resulted in adding further
complexity to a highly regulated and specialized industry. The collection of solid waste is an
essential public service and is uniquely complex and specialized provided the regulatory landscape
of waste and recycling within the State. It is in the City's best interest to retain an experienced
AGENDA ITEM 5.F
City Council Meeting
September 13, 2022
Page 2 of 4
industry expert to assist with the procurement process for a new solid waste franchise agreement
to ensure that services and rates are favorable to the community.
At the July 13, 2021, City Council meeting, under Matters from Council - Item 7.13, Council
Member Ly requested to discuss the City's current franchise waste hauler agreement and inquired
about the timeline and process to procure a new franchise waste hauler agreement. Based on City
Council discussion, it was determined that due to the highly regulated and specialization of the
solid waste collection industry, the use of a solid waste consultant would be beneficial for the City
to assist in procuring a new agreement. Furthermore, Council Member Ly requested staff to
agendize an item at a future City Council meeting to further consider the use of a solid waste
consultant.
On August 8, 2022, staff released an RFP for Solid Waste Consulting Services on the City's
website and on the City's PlanetBids Vendor Portal. Through PlanetBids, the City notified one
hundred and sixty-five (165) consultants of the RFP. In addition, staff distributed the RFP via
email to six (6) reputable solid waste consultants in the industry. The RFP scope of services
includes performing a comprehensive solid waste analysis, assisting with negotiations, and an
optional task to provide oversight of the potential transition to a new waste hauler. The services
will help to develop an understanding of program and resource needs, ensure the agreement is
advantageous to the community, and that the potential transition of services is streamlined with
minimal impacts on solid waste collection services.
Proposals were due to the City Clerk's Office or the City's PlanetBids vendor portal on August
29, 2022, at 10:00 a.m. One (1) proposal was received by the due date by R3 Consulting Group.
Staff reviewed and evaluated the proposal based on compliance with the RFP requirements,
including project understanding and approach, experience and qualifications of project team
members and firm, experience in waste services requirements and processes in the local area, level
of effort, schedule, and cost-effectiveness to provide efficient services. Based on the evaluation,
R3 submitted a comprehensive and qualified proposal.
R3 is well qualified and has extensive experience in solid waste consulting, having assisted over
120 clients within the past three years. R3 has assisted 13 cities within Los Angeles County with
projects relevant to the City's scope of work, including providing full-service procurement services
for a new solid waste franchise agreement to City of Santa Clarita in 2021. Staff performed a
reference check with the City of Santa Clarita and Santa Clarita staff reported a positive experience
with R3 and highly recommended R3's services. Santa Clarita staff stated that R3 was experienced
in solid waste, responsive, and provided services efficiently.
R3 is proposing a core project team consisting of four members that will be responsible for
managing the day-to-day tasks. The firm can also utilize additional staff members as needed. The
staff being proposed to provide the services are:
City Council Meeting
September 13, 2022
Pave 3 of 4
Position
Stal'I'Meniber
RcIeNant Experience
Senior Managing Consultant
Carrie Baxter (Lead)
➢ Procurement & Negotiation Assistance — Cities of
Banning, Citrus Heights, Dixon, Eastvale, El Cajon,
Fairfield, Half Moon Bay, Irwindale, Rancho Cordova,
Rohnert Park, San Juan Capistrano, Santa Rosa, Santa
Clarita, and Vallejo
➢ Legislative Compliance Assistance — Cities of Citrus
Heights, Elk Grove, Folsom, Westlake Village, and
Rolling Hills Estates
Principal
Garth Schultz
➢ Procurement & Negotiation Assistance — Cities of
Clayton, South Pasadena, Los Altos, and Westlake
Village
➢ Program Oversight & Development—City of El Cerrito
and Rec cleMore Waste Mana ement Authority)
Senior Director
Scott Hanin
➢ Procurement & Negotiation Assistance—Cities of Half
Moon Bay, Milpitas, Petaluma Piedmont, Santa
Barbara, Santa Clara, Santa Clarita, and Santa Rosa
➢ High Diversion Implementation — Cities of Corte
Madera, Hemet, Los Altos, Piedmont, Temple City,
and Rolling Hills Estates
Senior Managing Consultant
Rose Radford
➢ Procurement & Negotiation Assistance — Cities of Los
Altos, Piedmont, and Town of Atherton
➢ Legislative Compliance Assistance — Cities of
Brentwood, Burbank, Concord, Duarte, and Los Altos
➢ Transition Assistance— City of Glendale
Details of R3's proposal including work approach, schedule, fees, experience, and qualifications
are included in Attachment B.
R3's proposed fee to complete the scope of work is on a time and materials basis for a not -to -
exceed amount of $139,745. The fee includes costs for labor and expenses related to the work and
deliverables. The proposed fee is in line with industry standards and costs related to the solid waste
consulting agreement and is proposed to be recovered within the negotiations of the new franchise
agreement.
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager or his designee to execute a
professional services agreement with R3 Consulting Group, Inc., for full-service procurement and
solid waste consulting services in the amount of $139,745.
FINANCIAL IMPACT
The General Fund contingency account (101-1325-5975) will cover the cost of the agreement with
R3 Consulting Group. The costs associated with the solid waste consulting services agreement is
proposed to be recovered through the negotiation process for the new franchise agreement.
City Council Meeting
September 13, 2022
Paee 4 of 4
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
wz r� t /cf a
Michael Chung, P.E.
Director of Public Works
Attachment A: RFP No. 2022-19
Attachment B: Proposal from R3 Consulting Group Inc.
Attachment A
Request for Proposal No. 2022-19
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS NO. 2022-19
Solid Waste Consulting Services
August 29, 2022
4
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CONSULTING GROUP, INC
Q",.3 RESOURCES- RESPECT- RESPONSIBILITY
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IZ3CONSULTING GROUP, INC
RESOURCES • RESPECT- RESPONSIBILITY
August 29, 2022
Mr. Michael Chung, Director of Public Works
City of Rosemead
8838 E. Valley Boulevard, Rosemead, CA 91770
submitted via: PlanetBids
SUBJECT: RFP No. 2022-19 - Proposal for Solid Waste Consulting Services
Dear Mr. Chung,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached proposal to express our interest in the Solid
Waste Consultant Services project for the City of Rosemead (City).
Introduction
Our team is uniquely qualified to provide the requested services to the City, in that we have the ability to
leverage our current work efforts with neighboring jurisdictions. Most recently, for the City of Santa Clarita,
R3 led the team in procuring new solid waste collection services through a competitive process - yielding
unanimous City Council approval to transition from two franchised haulers (one for residential and one for
commercial services) to a singular hauler and 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 their
finalization on November 3, 2020. SB 1383 has complex requirements which affect many aspects of solid
waste collection and post -collection systems. While haulers can assist in implementation of many aspects of
the law, agencies ultimately bear responsibility for its implementation. Our team is currently assisting clients
throughout the state in implementing SB 1383 compliant programs.
Project Team
Carrie Baxter, Sr. Managing Consultant, will serve as Client Lead and primary point of contact. Scott Harlin,
Sr. Director, will provide direct support to Carrie. Our team also has the ability to draw upon additional,
on-call staff members on an as -needed basis. Through this project, we will work with the City to establish a
coordinated approach, thus facilitating a cost-effective and smooth transition into implementation for the City,
the selected hauler, and, of course, for your solid waste customers.
We are excited about this opportunity to work with the City's team. Should you have any questions regarding
our proposal or need any additional information, please don't hesitate to reach out directly.
Sincerelv.
_vv - a)O_V_�
Carrie Baxter I Sr. Managing Consultant
R3 Consulting Group, Inc.
916.878.7413 1 cbaxter@r3cgi.com
Scott Harlin I Sr. Director
R3 Consulting Group, Inc.
916.782.78211 shanin@r3cgi.com
1512 Eureka Road, Suite 220, Roseville CA 95661 1 p 916.782.7821 1 f 916.782.7824 1 w .Mgi.00m
TABLE OF CONTENTS
1. Approach & Scope of Work
page 1
2. Project Team, Key Personnel,
& Resumes
page 8
3. R3 Qualifications
page 13
4. References
page 17
5. Standard City Contract &
Insurance Requirements
page 19
6. Addenda Acknowledgment
page 20
7. Cost Proposal
page 21
1. APPROACH & SCOPE OF WORK
Project Understanding
The City of Rosemead currently holds one franchise agreement with Republic Services to provide solid
waste collection services to residential and commercial customers which is set to expire on July 31, 2023.
The City is seeking a consultant to manage and facilitate a competitive procurement process for hauling,
processing and disposal of municipal solid waste, recyclables, organics, and other materials to all sectors in
the City, including residential, multi -family, and commercial.
Our proposed scope of work on the following pages demonstrates our ability to conduct a comprehensive
analysis of the City's solid waste collection system, provide recommendations for new services in the
franchise agreement, and conduct a competitive procurement that provides the City with the best possible
services at sustainable customer service rates. We are prepared to work closely with City staff to ensure a
fair and reasonably scheduled competitive procurement process.
R3 will focus on providing the City and the City's rate payers with the following:
> Modern franchised services that incorporate all legislative compliance requirements.
> Consistency in services provided throughout the City to all rate payers.
> Economies of scale that result in best value to the City's rate payers.
> Streamlined franchise system that is more efficient and less costly for the City to manage and oversee.
> High accountability standards for the franchised hauler.
> Competitively procured market-based customer rates that reflect current costs.
Project Approach
We understand that undertaking a competitive procurement process is a complex and time-consuming
effort and recognize that the City has limited staff to take on a project of this importance to the community.
R3 has assisted numerous cities and counties, with staffing levels like the City's, on comparable projects
and we are prepared to work closely with the City's Project Team to complete all required tasks.
Accordingly, R3 proposes to provide "full service" procurement and solid waste consulting assistance to
complete this project. We are available to handle every detail of the competitive procurement process, at
the City's preference.
Our proposed scope of work is designed to allow R3 to act as an extension of City staff and assist
in the following aspects of this procurement project:
> Conducting a comprehensive analysis of the existing solid waste collection program, as well as City
resource and staffing needs.
> Providing recommendations for industry standard services to include in the franchise agreement.
> Preparing and issuing the RFP Package, including program requirements, qualifications, evaluation
criteria and methodology, draft franchise agreement, and customer rate worksheets.
Providing a list of recommended eligible service providers.
> Conducting a mandatory pre -proposers meeting with potential proposers.
> Preparing written responses to questions submitted regarding the RFP and preparing addenda.
> Evaluating proposals and coordinating site visits of facilities.
> Managing and facilitating interviews with proposers.
> Conducting negotiation sessions.
> Preparing staff reports and presentations.
> Finalizing the Agreement and presenting recommendations to City Council.
> Transition assistance, in the event new services or a new solid waste contractor are selected.
City of Rosemead I Solid Waste Consulting Services t
Disclosure
Because R3 provides services primarily to public agencies, our clients receive unbiased opinions and
recommendations throughout the negotiation and/or procurement process. We maintain excellent professional
working relationships and have no conflicts of interest with landfill and facility operators or haulers. More specifically,
we understand what information these solid waste, recycling and organics collection 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 City.
This approach helps remove barriers to hauler cooperation with negotiating final terms of a new agreement, 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 City's best interests are represented.
Solid waste consulting firths who provide services to haulers/solid waste operators cannot provide this same level
of protection. This vulnerability can result in an apparent — if not actual — conflict of interest, and in tum, limits the
success of the project. Unlike our competitors, R3 has the staffing backgrounds from public agencies, solid waste
firms, policy and financial companies, all of whom can aid the engagement as needed.
Scope of Work
Task 1 Kick-off Meeting and Project Management
Upon City authorization to proceed, R3 will facilitate a virtual project kick-off meeting with City staff. 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 City for the
duration of this engagement.
One item of importance for discussion during the kick-off meeting will be how R3 and the City 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 City or Republic Services to ensure as much accurate and current information is shared with prospective
proposers. After the Project Kick-off Meeting, R3 will provide meeting minutes including notes, schedule, and
milestones. Ongoing coordination will continue throughout the project through virtual meetings, schedule updates and/
or status reports.
Please Note: To provide the most cost-effective services, we have budgeted for all meetings to be virtual with the
exception of hauler interviews and facility site visits, as necessary. Virtual meetings include
project kick-off meeting, bi-weekly check-in meetings with the City staff, as well as negotiation
sessions with selected hauler, and presentations to Council and other bodies. This approach
has proven to be very successful in other similar engagements. Additional costs will be incurred for
required attendance at in-person meetings; R3 will seek City approval of additional costs before they
are incurred.
Task 2 Conduct a Comprehensive Solid Waste Analysis of the Current Programs
Task 2.1 Compliance Analysis
As mentioned in Task 1, upon authorization to proceed, R3 will provide the City with a preliminary list of documents to
review in support of this scope of work.
R3 will provide an overview of current services and analyze those services as compared to the latest solid waste and
recycling/organics trends, best management practices related to both franchise agreement services and terms and
conditions, and updates of recent legislation (AB 341, AB 1826, SB 1383), all of which should be addressed in the
City's new franchise agreement.
Requested documents may include, but will not necessarily be limited to, the following:
> Current Exclusive Franchise Agreement for Comprehensive Refuse Services and All Amendments
City of Rosemead I Solid Waste Consulting Services 2 IU
> Current Rate Tables
> Any Available Waste Characterization Studies
> Prior Rate and/or Cost of Service Studies
> Hauler Account Data (including number of accounts, service levels, tonnage and diversion reports, processing
facilities, employee data, and vehicle inventory)
> Account Information by Sector
> Prior Engagement/Direction from City Council (as related to the competitive procurement process)
The requested items, along with documents already in RTs files, will assist with our analysis of the City's current
agreement and solid waste program. R3 will provide a matrix of current and recommended new services.
Task 2.2 Resource Analysis
Based on the information gathered from the kick-off meeting and the Compliance Analysis, R3 will develop a draft
program budget that will describe the services, programs and staffing to ensure full compliance with State regulations
and requirements. R3 is currently providing similar assistance to jurisdictions throughout the State and routinely works
with CalRecycle to understand compliance expectations. Based on staff input, we will revise the City program budget
accordingly.
Task 2.3 Market Rate Analysis
R3 will provide an analysis of solid waste rates and fees in Rosemead and a comparison to other relevant jurisdictions
locally and throughout the state. Based on current rates and available cost information, R3 will estimate the likely rate
changes necessary to ensure compliance and cover program needs. It is important to note that while rates are the
most common metric for comparison purposes and no two jurisdictions are identical with many factors go impacting
rates making "apples to apples" comparisons difficult.
As part of this Task, we will provide the City in an electronic report format, an update of recent legislation, including AB
341, AB 1826, and SB 1383, all of which should be addressed in the City's new Agreement. Information will include
suggestions and/or recommendations for solid waste programs that the City may wish to consider.
R3 will include draft points for inclusion on the New Agreement that includes the following key elements:
Summary update of recent legislation, including AB 341, AB 1826, AB 1594, and SB 1383.
> Results of our analysis of the current franchise agreement and services, including recommendations for
the new franchise agreement.
> Modifications to collection services and programs to incorporate recent legislative regulations and remain flexible
enough to adapt to significant changes in the future.
> Efficient and environmentally -friendly designed program requirements, including zero emission vehicles.
> Industry best practices focused on compliant collection programs, high -levels of customer service, and
transparency in rate setting and contractor performance.
These steps along with the matrix of potential new services, and the Program Budget will be combined into a final
Solid Waste Analysis Report (administrative draft and final).
Task 3 Technical Document Development and Presentations
Task 3.1 Develop a New Solid Waste Franchise Agreement [Item (a.) from RFP]
Using our experience bringing California municipalities into compliance with CalRecycle requirements, and with our
understanding of recent state legislation, we will advise the City 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 City.
R3 will draft the new Agreement incorporating the information gathered in prior tasks. Because we are currently
developing similar agreements for several clients, we can include the current industry standards and best practices for
items such as performance bonds, indemnification, 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 both quantifiable and easily measured to verify compliance.
City of Rosemead I Solid Waste Consulting Services 3 lU
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
> Specifications for Container Size, Color, and Labeling
Public Education Program Requirements (e.g., quarterly newsletter, annual campaigns, presentations, etc.)
> Collection and Recycling Services to City Offices, Facilities, and Events
> Collection Service Hours and Collection Service Quality Standards
> Collection Driver Uniforms and Identification Badges
Task 3.2 Prepare Qualifications and Recommended Eligible Service Providers
(Item (e.) from RFP]
As part of the RFP Package, R3 will prepare minimum qualifications regarding each potential service provider's
capacity and capability to perform the requisite services during the contract term and any extension. These
qualifications will be required to be submitted with the submittal of proposals from qualified collection contractors.
R3 has an extensive list of solid waste companies operating in California and nationally and will provide a mailing
list to the City for consideration when sending out the RFP package (e.). R3 will work with the City to publicize the
availability of the RFP package and will also provide the City with a draft notice of the availability for release on City
letterhead and work with City staff to post the RFP on the City's preferred website.
As part of this task, we will provide an electronic version of the draft minimum qualifications to the City for comments.
At City staffs preference and in conjunction with our bi-weekly virtual check in meetings, we will be available to
meet with City staff to address the City's comments. Following discussion with the City and using a single compiled
document with comments from the City Contract Manager, R3 will compile our final minimum qualifications for
incorporation into the RFP Package.
Task 3.3 Prepare Criteria and Methodology to Evaluate Proposals (Item (h.) from RFP]
R3 will prepare a written set of recommended evaluation criteria and a methodology for review and discussion with
City 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 City for
comments. At City staffs preference and in conjunction with our bi-weekly virtual check in meetings, we will be
available to meet with City staff to address the City's comments. Following discussion with the City and using a single
compiled document with comments from the City Contract Manager, R3 will compile our final criteria and methodology
to evaluate proposals for incorporation into the RFP Package.
Task 3.4 Prepare RFP Package
Task 3.4.1 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 along with the evaluation criteria and methodology. The draft RFP will specify minimum
requirements and qualifications and will require proposers to submit work plans that specify how they will transition to
new services, 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 Tasks
1 and 2.
Separate sections of the RFP may include, for example:
> Section A
Introduction to the RFP, Instructions, Schedule, and Procurement Goals and Objectives
> Section B
Available Background Information, Demographic, Service Account Data
(e.g., tonnage, number of accounts, historical operating information, and current services)
Section C
Overview of Requested Service Requirements
City of Rosemead I Solid Waste Consulting Services 4
> Section D
Response format, submittal process, and qualifications requirements
Section E
Required work plans, and proposed rates:
— Transition Plan: Detailing the plans and schedule of events leading up to the provision of new services.
— Operations Plan: Presenting specific collection and processing programs to be implemented in the City
including vehicles, containers, route operations, facilities, safety, and reporting.
— Customer Service Plan: Detailing specifically customer service operations.
— 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.
— Financial Services Plan: Access to capital, current financial statements, balance sheet, profit and loss
statement and debt.
— Proposal Cost and Service Forms: Excel worksheets for proposers to provide their proposed customer
rates and supporting cost data. Forms to provide additional data (e.g., RFP conditions, communication
protocol for Proposers and City, container and vehicle specifications, non -collusion affidavit of Proposer,
Pass/Fail requirement acknowledgments, references)
> Section F
Evaluation Selection Criteria and Evaluation Process
> Attachment 1
Draft Modem Solid Waste Agreement
> Attachment 2
Proposal Cost and Service Forms
> Attachment 3
Required Forms (RFP Conditions, Communication Protocol for Proposers and City, container and vehicle
specifications, non -collusion affidavit of Proposer, pass/fail requirement acknowledgments, and references)
Task 3.4.2 Finalize and Issue RFP and Agreement (Items (b.), (c.), and (d.) from RFP]
Following City staff review, R3 will be available to meet with City staff and the City Attorney to address comments.
Based on City direction, R3 will finalize the RFP package and provide the City with an electronic copy which can be
used to present to City Council for review.
Task 3.4.3 Conduct a Mandatory Pre -Proposal Meeting and Prepare the RFP [Item (f.) from RFP]
R3 will conduct a mandatory pre -proposal meeting with prospective proposers. The pre -proposal meeting will provide
the opportunity for the City 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 at the meeting. In addition, R3 will prepare addenda to the RFP as necessary.
Task 3.5 Evaluate Proposals (Items (g.), (i.), U.), and (k.) from RFP]
R3 will assist the City with the evaluation of 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 evaluating
the proposers' qualifications, references, processing and disposal facilities, approach to meeting the City's diversion
requirements, customer rates (prices), collection methods, customer service programs, financial statements, transition
experience and work plans.
After the initial evaluation is completed, we will prepare any written requests for clarification to the haulers, as
necessary. In the event a proposal does not meet the minimum requirements of the RFP, we will recommend that the
proposal be disqualified as non-compliant with the RFP requirements.
R3's role in the evaluation process will also include conducting reference checks, facilitating the evaluation meetings
and the proposer interviews, and coordinating facility site visits. This will include preparing City staff in advance with
questions to be asked to evaluate the information provided during interviews and site visits.
Separate sections of the evaluation analysis may include, for example:
> Executive Summary: Introducing and summarizing the evaluation analysis and the recommendation.
City of Rosemead I Solid Waste Consulting Services 5 R3
) Summary of RFP Responses
) Reference Checks
> Financial Capability
Technical Proposal: Work plans including Transition Plan and route design, operations and performance
requirements, public safety plan, customer service plan, diversion and sustainability programs, education and
outreach plan, and recordkeeping and data management plan.
> Customer Rate and Cost Proposals: Consistent with the proposed activities, proposed equipment, requested
services, and work plans.
Enhanced Proposal Terms
Following drafting the evaluation analysis, R3 will facilitate several meetings with City staff and the subcommittee,
as directed by the City Contract Manager. Meetings will include a summary of the proposals received, including any
proposed enhancements, and the results of the evaluation process.
This process will likely include site visits to facilities of up to four (4) potential service providers as determined by R3
and City staff.
Additional aspects of the evaluation process will Include:
> Providing Site visit questions for review and approval by City staff if needed.
> Preparing detailed evaluation report of recommended proposers.
> Meeting with City 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 City staff.
> Attending 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.
Task 4 Negotiate with Top Ranked Proposer(s) and Present Results
Task 4.1 Agreement Negotiations
Based on direction from the City, R3 will confirm and clarify deal points, and lead Agreement negotiations with the top
ranked proposer(s). Negotiations will focus on clarifying the proposer's services and cost proposal and incorporating
any optional services as may be selected by City staff.
This Task will include meetings with the City beforehand to confirm our approach for the negotiations. Our proposal
assumes up to four (4) negotiation meetings with top ranked proposers, including pre- and post -discussions with City
staff to confirm approach and recap as necessary.
Task 4.2 Finalize New Agreement and Present Recommendations to City Council
R3 will present the results of the evaluation process to City Council tentatively set for April 30, 2023, 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 direction from City Council, we will incorporate any program changes or options selected by City Council
and finalize the Agreement for finalist proposer to sign. This will include incorporating changes to the draft agreement
through the issuance of addenda by the City, any final program options selected during the selection process,
proposed rates, final work plans, exhibits, etc.
R3 will prepare a second presentation to City Council summarizing the evaluation process and recommendations for
award based on program changes or options selected by City Council during the first presentation.
Task 5 Solid Waste Contractor Transition (Optional)
Upon approval of the new Agreement, R3 will assist the City in oversight of the transition to the new company,
including compliance with the transition plan. R3 staff will be available to provide staff with support in reviewing
reports, performance metrics, and outreach documents and communication from the selected hauler.
City of Rosemead I Solid Waste Consulting Services 6 r j
We will provide guidance and advice to staff regarding means of monitoring and addressing potential performance
issues and non-compliance with the new agreement. Other tasks include ensuring all capital is purchased and
delivered as appropriate, operations are in line with current and proposed services, and public education is adequate
and consistent with all tasks agreed upon.
R3 will bring any variations from plans or concerns to City staff for direction. Our goal is to ensure that the transition is
as seamless as possible for the current customers.
Project Schedule
R3's proposed schedule, below, incorporates tentative completion dates.
TASK
Project Kick-off Meeting
TENTATIVE COMPLETION
September 19, 2022
Comprehensive Analysis of the City's Solid Waste Program
October 2022
Develop New Franchise Agreement
October 31, 2022
Prepare RFP Package
October 31, 2022
Finalize and Issue RFP and Agreement
November 7, 2022
Mandatory Pre -Proposal Meeting and Prepare RFP Addenda
November 16, 2022
Proposals Due
December 16, 2022
Negotiate with Top Ranked Proposer(s)
February 1, 2022
Finalize New Agreement and Present Recommendations
February, 2023
Transition to New Services
Ongoing
Initiate New Service
August 1, 2023
City of Rosemead I Solid Waste Consulting Services 7 Z3
2. PROJECT TEAM, KEY PERSONNEL, & RESUMES
Project Team
Carrie Baxter will serve as Client Lead and primary point of contact. She currently leads our negotiation
section and has assisted numerous jurisdictions in procuring and negotiation new agreements. Carrie
has over a decade of experience in solid waste consulting, in a broad range of operational, planning, and
financial projects. She specializes in providing legislative compliance assistance to local jurisdictions for
implementing or expanding programs related to organic material collection, tracking, and infrastructure
development, as well as assisting in negotiating improvements and incorporating best practices into
municipal codes and solid waste collection contracts.
Scott Harlin has assisted dozens of California jurisdictions in the procurement, development, and
negotiation of their solid waste agreements. He also understands the financial and cost issues and is
particularly adept at negotiating solutions that work for both parties. Carrie and Scott recently worked
together on revisions to a City of Westlake Village's solid waste management ordinance and negotiated
a new solid waste collection contract. Rose Radford - one of R3's preeminent experts in all aspects of
contract administration and oversight, contract compliance monitoring, oversight of the implementation of
new programs, grant management, and reporting - will provide overall project support. The team will be
rounded out by Garth Schultz, R3 President, who will serve in an advisory capacity, as needed.
Organizational Chart
The City's core project team will be the primary, day -today staff responsible for this engagement. Our team
also has the ability to draw upon additional, on-call staff members on an as -needed basis.
Core Project Team
Carrie Baxter
Sr. Managing Consultant
Garth Schultz Scott Hanin Rose Radford
Principal Sr. Director Sr. Managing Consultant
r
r
Additional, On -Call Staff Members
William Schoen
Sr. Director
Alex Soulard
Sr. Consultant
Peggy Paulsen
Managing Consultant
Angela Micheletti
Associate Consultant
City of Rosemead I Solid Waste Consulting Services 8
Relevant Experience
Carrie Baxter
Sr. Managing Consultant
About _
Came Baxter has over a decade of experience in solid waste consulting, in a broad range of
operational, planning, and financial projects. She specializes in providing legislative compliance
assistance to local jurisdictions for implementing or expanding programs to maximize
recovery efforts, tracking, and infrastructure development, as well as assisting in negotiating
improvements and best practices into municipal codes and collection agreements. Carrie also
has significant experience with competitive procurement projects for solid waste management
services, including providing financial analysis services, such as studying rates and how to
incentivize diversion, and engaging the community and stakeholders. In addition, Carrie routinely
supports operations and performance reviews, evaluating billing and reporting systems and
conducting on-site route audits, and conducting comprehensive benchmarking and rate surveys.
Education & Achievements
» Bachelor of Science in Organization, Leadership & Management, University of San Francisco
» Ms. Baxter authored an article in the BioCyde Magazine; Presented at the BioCycle West Coast
Conference and at CRRA Conferences on Rate Setting for Organics Diversion and Disaster Planning
» Procurement and Negotiation Assistance j Cities of Banning, Citrus Heights, Dixon, EI Cajon, Fairfield, Hatt Moon Bay,
Irwindale, Rancho Cordova, Rohned Park, San Juan Capistrano, Santa Rosa, Vallejo, Counties of Nevada and Santa Clara, Berkeley
Lab, and CalPoly Pomona
Sr. Managing Consultant, for various clients over the past decade, she used her particular expertise in reviewing
Agreements and recommending updates and revisions to contract language to incorporate legislative requirements and
improve the efficiency, safety, and overall cost-effectiveness of existing operations.
» Solid Waste Negotiation and Legislative Compliance Assistance I City of Westlake Village
Client Lead, Sr. Managing Consultant, drafted revisions to the City's solid waste management ordinance to comply with SB
1383. She reviewed the current contract and hauler proposal, developed a list of negotiation deal points into a new contract,
and provided draft contract language. She also participated in negotiations with the City and hauler, educated residents
on changes, and presented recommendations to City Council. The new agreement incorporates industry best practices,
programs to comply with current legislation, and added exclusivity to commercial services.
» Negotiation and Legislative Compliance Assistance j City of Rolling Hills Estates
Sr. Managing Consultant, recently assisted the City with an ordinance update to modernize and streamline municipal
code language with best practices, state legislation and the City's needs. Subsequently, she assisted in amending the Solid
Waste Collection Agreement and drafted a side agreement to address delayed rate adjustments due to economic impacts of
Covid-19 related to concerns raised in the community. The amended agreement provides provisions to allow the City's hauler
to assist the City in complying with state legislation and improve public education and reporting.
» Solid Waste Negotiations and Procurement j City of Santa Clarita
Sr. Managing Consultant, in 2019, she reviewed and analyzed hauler financial statements, confirmed the logic and
evidence supporting the rate adjustment request, compared the resulting outcomes to other rates in the region, and provided
a final memorandum of findings and recommendations. She recently prepared procurement documents and guided the City
through its competitive RFP process. As a result, a new agreement was awarded that incorporated industry best practices,
programs that comply with current legislation, and customer rates locked in until 2025.
» Solid Waste Negotiation Assistance j City of Santa Barbara
Sr. Managing Consultant, currently working with the City to negotiate a new solid waste collection agreement with its
current hauler. She is reviewed the current agreement and developed a list of deal points to negotiate into a new agreement
and presented recommendations to City staff and City Council for direction on whether to enter negotiations or to conduct a
competitive procurement process. She is participating in negotiation meetings with the City and the hauler
» Solid Waste Procurement Services j City of Eastvale
Sr. Managing Consultant, conducted a limited competitive RFI whereby current contractors vied for an exclusive agreement
to provide all solid waste services to all sectors of the City. She conducted a procurement process that focused on compliant
collection programs, competitive rates, and high -levels of customer service. Following receipt of proposals, she led
negotiations which resulted in full reimbursement of the RFI process and updated agreement language.
» Mandatory Organics Recycling Compliance Program j City of Citrus Heights, Elk Grove, and Folsom
Client Lead, Sr. Managing Consultant, led the development of a strategic plan for implementing the requirements of SB
1383. She assisted City staff with updating elected officials and the public of current and upcoming state recycling laws,
with a large focus on SB 1383, and helped jurisdictions with meeting and maintaining current legislative requirements and
achieving compliance with SB 1383 regulations.
City of Rosemead l Solid Waste Consulting Services
Relevant Experience
Scott Hanin
Sr. Director
About
Scott Hanin has more than 30 years of solid waste experience, including serving as the
Executive Director of the West Contra Costa Integrated Waste Management Authority
(RecyleMore). Scott was also City Manager for the City of EI Cerrito for 17 years, a member
agency of the RecycleMore. Scott oversaw all aspects of city government including budget
development, strategic planning, community engagement, organizational development and
restructuring, capital projects, legislative compliance, and oversight of all department heads.
Throughout his career Scott has worked in many related capacities including a recycling
outreach coordinator, project manager of buy-back and drop of centers and environmental
analyst for the City of New York. In his work as a consultant, Scott has assisted agencies
throughout California with all aspects of their solid waste and diversion programs including
contract development and management, program design, financial analysis and rate setting.
He is currently assisting a number of jurisdictions in developing and evaluating SB 1383
programs and administering the related contract documents.
Education
a Master of Public Administration, New York University
» Bachelor of Arts in Political Science, University of Delaware
» Program Oversight, Development, Negotiation, and Compliance I RecycleMore"
Former Executive Director, in this role, Scott was primarily responsible for developing programs and public education,
negotiating agreements, setting rates, and ensuring regulatory compliance for six jurisdictions. Scoff was also responsible for
rate setting and negotiating with franchised haulers for new organics program and area wide public information program.
» Cost -Based Review, Performance Review, and Negotiations I City of San Bruno
Sr. Director, currently assisting the City with their process of negotiating a new solid waste franchise agreement which is
including both operational and financial reviews and development of new SB 1383 programs and their evaluation.
» Solid Waste Negotiation and Legislative Compliance Assistance I City of Westlake Village
Consultant, recently assisted the City in negotiating a new solid waste collection contract and developing support for City
fees that will comply with Proposition 218.
» Negotiation and SB 1383 Compliance Assistance j City of Clayton
Sr. Director, working with the City to review SB 1383 programs, review the cost impacts and develop a new franchise
agreement for negotiation of a long-term franchise agreement.
» Assistance with Agreement Assignment I Cities of Cerritos and Downey
Sr. Director, worked with the Cities to conduct a high-level review of the financial strength of Athens, including the impact of
the assignment on Athens finances, and to review Athens's operations and organizational structure, in order to determine its
ability to take over all the responsibilities described in the Franchise Agreement.
» Assistance with Agreement Assignment I Novato Sanitary District
Sr. Director, working with the City to evaluate the possible assignment of the current collection franchise from the sanitary
district to the city. Coordinating the assignment with all of the stakeholders including the Sanitary District, City, LAFCO and
the hauler. The franchise agreement between Novato San and Recology covers both the entirety of the City of Novato, and
some parts of Unincorporated Marin County.
» Assistance with Disposal Agreement Negotiations I City of Los Altos
Sr. Director, currently serving as negotiator for the City to assist in securing a new disposal agreement with Republic
Services in an effort to ensure disposal capacity increased diversion and rate stability.
» Solid Waste Agreement Negotiations and Procurement Support I City of South Pasadena
Sr. Director, assisting the City in the review of their current exclusive franchise agreement and developing a new, SB 1383
compliant agreement with the necessary services and requirements.
» Solid Waste Program Oversight and Development I City of EI Cenito'
Former City Manager, in this role, Scott oversaw all aspects of the Citys programs, including managing the franchise
agreement, providing municipal recycling collection, developing a new state-of-the-art drop off center, and ensuring all
aspects of legislative compliance and program funding.
City of Rosemead I Solid Waste Consulting Services
`denotes experience prior to joining R3
10 R3
Relevant Experience
Garth Schultz
Principal
About
Mr. Schultz brings 18 years of solid waste management experience in both the private and public
sectors. His areas of expertise include managing or assisting with sole source and competitive
procurement of collection, materials processing, and transfer and landfill services. Pulling from
his extensive solid waste management experience, in both the private and public sectors, Garth
is particularly skilled in designing visionary approaches to solid waste collection systems to meet
the needs and interests of particular communities. He has served as Project Manager on a wide
range of projects for the management of solid waste, recycling, green waste, organic waste, and
construction and demolition debris.
Garth will provide analytical support and contribute his expertise developing strategies for
straightforward legislative compliance and organics planning, as well as developing and
revising ordinances and policies. His vertically integrated history (from recycling truck driver to
solid waste manager) supports his unique ability to simplify otherwise complicated regulatory
frameworks.
Education & Certifications
Master of Public Administration and Public Policy Development; California State East Bay
u Bachelor of Science in Environmental Science and Minor in Public Policy, UC Berkeley
» Solid Waste Negotiations and Procurement I City of Santa Cladta
Principal, recently provided support to Came in preparing procurement documents and guiding the City through its
competitive RFP process. As a result, a new agreement was awarded that incorporated industry best practices, programs that
comply with current legislation, and customer rates locked in until 2025.
» Solid Waste Negotiation Assistance I City of Santa Barbara
Principal, currently working with the City to negotiate a new solid waste collection agreement with its current hauler. She
is reviewed the current agreement and developed a list of deal points to negotiate into a new agreement and presented
recommendations to City staff and City Council for direction on whether to enter negotiations or to conduct a competitive
procurement process. She is participating in negotiation meetings with the City and the hauler.
» Procurement and Negotiation Assistance I Cities of Piedmont, Half Moon Bay, Santa Rosa, Los Altos
Principal, recently managed 133's work with the City of Piedmont to pursue a negotiated franchise extension with the City's
franchised hauler, and previously assisted with the procurement processes for the cities of Half Moon Bay and Santa Rosa.
» Procurement and Negotiation Assistance j RecycleMore Member Agencies and the Cities of Milpitas and Petaluma
Principal, evaluated post -collection services alternatives for RecycleMore's member agencies (Contra Costa County and the
cities of EI Cerrito, Hercules, Pinole, Richmond, and San Pablo). He also led transition assistance for the City of Milpitas when
they switched to a new franchised hauler for solid waste collection. On behalf of the City of Petaluma, he recently assisted in
R3's extensive review of the proposed assignment of multiple collection, processing, transfer, and other contracts to Recology
Sonoma Marin forjurisdictions throughout the counties of Mann and Sonoma.
» Franchise Extension Negotiations I City of Healdsburg
Principal, recently led the negotiation process to extend, amend, and restate the City's franchise agreement with their service
provider (Recology Sonoma Mann). Garth and other members of the R3 team identified, redrafted, and negotiated agreement
terms and conditions that required updating, while also reviewing and negotiating around several iterations of financial
proposals from Recology. After several months of negotiations, the City voted unanimously to extend.
» Procurement and Negotiation Assistance I City of Santa Clara
Principal, recently led negotiations for the City of Santa Clara for the City's future exclusive Agreements with Recology South
Bay (Recology) and Mission Trail Waste Systems, including a rate study to help the City establish customer rates for services
to be provided under the new Agreements. The new Agreements are designed to achieve the City's objectives, including
compliance with applicable state legislation, and the City's long-term financial and diversion goals.
» High Diversion Implementation Plan I Cities of Los Altos, Corte Madera, Piedmont, Hemet, Rolling Hills Estates, and Temple
City; the Town of Windsor, and the Novato Sanitary District
Principal, recently led the development of the City's High Diversion Implementation Plan, assisting in developing
recommendations for the City's hauler to meet its 78% diversion requirement and AS 1826 legislative requirements, such as
advocating mixed -waste processing to remove organics and recyclables from commercial and mufti -family waste streams.
As part of this engagement, he assisted in updating the City's Municipal Code to make recycling service mandatory and meet
new state legislative requirements under AS 341, AS 1826, AB 1594 and CALGreen mandatory C&D diversion.
City of Rosemead I Solid Waste Consulting Services
11 FU
Relevant Experience
Rose Radford
Sr. Managing Consultant
About
With her strong background in research and technical writing, Rose Radford has accumulated
valuable experience in solid waste management planning, program development, and regulatory
reporting. She actively tracks state regulations such as SB 1383, and projects impacts of the
regulations on programmatic requirements and diversion for our clients throughout California.
She is currently engaged by the cities of Fairfield, Los Altos, Concord, Brentwood, Martinez, and
Glendale, as well as the JPAs RecycleMore and Zero Waste Marin, in contracts that include SB
1383 and organics management planning.
Rose has assisted several jurisdictions in planning for SB 1383 requirements, providing advice
to client jurisdictions on the anticipated effects of changing requirements for organics programs,
as well as the implications of the changes in reporting regulations for diversion performance,
regulatory compliance, and long -tern planning efforts. Her diverse solid waste industry
experience also includes Zero Waste planning and implementation, hauler and facility audits,
Municipal Code analysis and revision, data and tonnage tracking and modeling, and strategic
planning for landfill, organics, and recyclables processing capacity.
Education & Certifications
» Master of Public Administration in Environmental Science and Policy, Columbia University
» Bachelor of Science in Conservation and Resource Studies, University of Califomia, Berkeley
» Assistance with Disposal Agreement Negotiations I City of Los Altos
Sr. Managing Consultant, currently negotiating a new disposal agreement between Los Altos and Republic Services
to secure disposal capacity, increased diversion and rate stability. The new disposal agreement is anticipated to include
provision of several additional services, including C&D debris processing, compost and mulch to help the City meet its SS
1383 procurement goals, and improvements to regular reporting schedules to facilitate easy administration of the agreement.
» Planning Assistance in Response to SB 1383 Organic Waste Reduction Mandates I RecycieMore
Sr. Managing Consultant, evaluated the member agencies' (Contra Costa County and the cities of EI Cerrito, Hercules,
Pinole, Richmond, and San Pablo) preparedness for SB 1383 by providing guidance on areas of concern, recommending
responsible entities for each requirement, and assisting in the first stages of implementation. Currently, she is reviewing
municipal code updates to be provided to each member agency for their consideration.
» Transition Assistance I City of Glendale
Sr. Managing Consultant, currently assisting the City in its transition to a districted exclusive franchise system by leading
weekly hauler meetings and ensuring haulers are meeting key transition deadlines and their franchise agreements'
requirements. Glendale's transition included significant increases on commercial rates and a complex transition from over
twelve non-exclusive permitted haulers to four exclusive haulers as well as a fully SB 1383 -compliant franchise agreement
that includes mandatory universal roll-out of recycling and organics service to all customers.
» Legislative Compliance Assistance I Cities of Burbank, Duarte, Concord, Los Altos, and Brentwood and County of San Benito
Sr. Managing Consultant, identified and monitored covered generators for compliance with AB 1826, including site visits to
covered generators to assist in right -sizing containers and setting up organics service. Evaluated new solid waste program
options for the Cities on SS 1383 compliance, including direct engagement with each of the City's haulers.
» Negotiation and Procurement Assistance I Town of Atherton
Analytical Support, provided procurement assistance services for the Town by evaluating and determining their best option
for solid waste collection, recycling, processing, and disposal services. R3 also assisted with identifying and documenting
known current services and costs for those services provided to the Town by Recology and SBWMA and evaluating the
Town's options for securing a different service provider for collection services only, and for collections, recycling, processing
and disposal services together.
» Solid Waste Hauler Procurement I Cities of Los Altos and Piedmont
Consultant, she was instrumental in each step of the City of Piedmont's recent procurement assistance project for solid
waste collection services, participating in community engagement processes, incorporating requests from City Council, and
writing both the RFP and the base contract used in the procurement.
City of Rosemead I Solid Waste Consulting Services
12
3. R3 QUALIFICATIONS
About R3 Consulting Group Inc. (R3)
Incorporated in California in 2002, R3 is a California Certified Small Business with offices in Oakland
and Roseville. For the past two decades, we have specialized in providing a diverse range of solid waste
management consulting services to public agencies, including rate and financial reviews, competitive
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.
> Rate and financial reviews and analyses of fees, rates, and rate structure options.
> Competitive procurements and/or extension negotiations of collection, processing, and disposal.
> Developing, implementing, and monitoring hauler performance of service contracts and agreements.
Our team has dedicated their careers to the field of solid waste management and sustainability, and
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.
> Assistance with the technical and financial evaluation of proposals.
> Evaluation of commercial collection system service options and structures.
> Development of policy and programmatic alternatives that meet the specific needs of the community.
> 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.
Legislative Compliance Assistance
R3 provides a full range of planning, design, implementation, monitoring, and administrative services in
support of regulatory compliance. Our knowledgeable, experienced staff advise and guide our clients
to ensure that jurisdictions meet and remain compliant with all current regulatory requirements, and
proactively plan for the demands of impending legislation. We provide a coordinated approach that is
logical, cost-effective, and draws upon our operational, public policy, and public education and outreach
capabilities.
City of Rosemead I Solid Waste Consulting Services 13
Our specific legislative and regulatory compliance services include the following:
> Developing and evaluating commercial recycling and organics recycling programs.
> Analyzing options for program improvement and potential new programs.
> Identifying businesses subject to compliance with AB 341 and AB 1828.
> Monitoring and tracking covered generator compliance.
> Designing and assessing public education and outreach materials and methods for notifying businesses of their
requirements and compliance options.
> Developing franchised waste hauler tracking methods for necessary reporting, public education and outreach,
and compliance monitoring requirements.
> Providing on-site waste assessments, material characterizations, and hands-on technical assistance to regulated
businesses to support their compliance.
> Facilitating private sector diversion opportunities, including food donations and recycle/reuse vendors.
Hauler Transition Support
As part of R3's RFP process, we usually ask for, or assist in the development of a transition plan from the proposing
service providers. This plan, which is typically formatted as a checklist to organize and track implementation tasks
during the transition period, is initially developed at the project kick-off meeting, and reviewed and updated at the
regularly scheduled meetings between the service provider(s) and R3. With our extensive experience and knowledge,
we determine what is required for the transition and scope out a timeline to make sure that all items are completed,
and services start without a big interruption.
Other than the need for potential cart delivery, purchase of new trucks, customer cart selections, route maps, etc.,
transition assistance often requires the development and distribution of public outreach and education materials. R3
has extensive experience engaging a wide range of diverse community stakeholder groups as part of Zero Waste
implementation planning, revisions to ordinances, education and outreach programming, service contract/franchise
agreement drafting, and overall strategic solid waste plan development.
Hauler Cost -Based Rate Reviews
R3 regularly assists jurisdictions with solid waste rate and cost -based studies, consisting of the following:
> Review and analysis of fees, rates, and rate structure options.
> Projection and analysis of revenues and expenses over an extended planning period (5-10 years).
> Development of rate models, cost -of -service rates and multiple -year rate -adjustment recommendations.
> Analysis of annual costs, including capital expenditures, operations and maintenance, debt service, depreciation,
and reserve requirements.
> Evaluation and analysis of the current cost of services.
> Evaluating rates and rate structures for Proposition 218 compliance.
> Conducting nexus studies to support enterprise fund transfers.
> Developing enterprise fund rate models.
Sample Projects Table
Since 2022, 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.
City of Rosemead I Solid Waste Consulting Services
14 IV
m E C y c —
._ m m
m O N C N C
H o o y F x O
U i Z w
City of Atascadero
X
City of Banning
X
X
X
X
X
City of Brentwood
X
X
City of Burbank
X
X
X
X
City of Cerritos
X
X
City of Chula Vista
X
X
City of Citrus Heights
X
X
X
X
X
City of Clayton
X
X
X
City of Cloverdale
X
X
City of Milpitas
X
X
City of Cotati
X
X
X
City of Downey
X
X
X
X
City of Duarte
X
X
City of Eastvale
X
City of EI Cajon
X
X
City of Elk Grove
X
X
City of Folsom
X
X
X
City of Glendale
X
X
X
City of Irwindale
X
X
City of Los Altos
X
X
X
X
City of Los Banos
X
X
X
City of Menlo Park
X
X
X
City of Newark
X
X
X
X
City of Petaluma
X
X
X
X
City of Pomona
X
X
X
X
City of Porterville
X
X
X
City of Rancho Cordova
X
X
X
X
X
City of Rancho Cucamonga
X
X
City of Rio Vista
X
X
X
City of Riverside
X
X
X
City of Rocklin
X
X
City of Rosemead I Solid Waste Consulting Services z Z3
N
—
�
City of Rohnert Park
X
X
X
X
City of Rolling Hills Estates
X
X
X
X
City of Salinas
X
X
City of San Bruno
X
X
X
City of San Luis Obispo
X
City of San Ramon
X
X
City of Santa Barbara
X
X
City of Santa Clara
X
X
City of Santa Clarita
X
X
X
X
X
X
City of Santa Monica
X
X
City of Santa Rosa
X
X
X
X
X
City of Sausalito
X
X
X
City of Shafter
X
X
City of South Pasadena
X
X
X
City of Thousand Oaks
X
X
City of Turlock
X
X
City of Vallejo
X
X
X
X
City of Wasco
X
City of West Sacramento
X
X
X
City of Westlake Village
X
X
X
City of Wildomar
X
X
X
County of San Benito
X
X
X
Las Gallinas Valley Sanitary District
X
Plumes County
X
X
Stinson County Water District
X
Tamalpais Community Services District
X
X
X
X
Town of Corte Madera
X
X
Town of San Anselmo
X
X
Town of Tiburon
X
X
X
Town of Windsor
X
X
X
X
X
Ventura County
X
X
City of Rosemead I Solid Waste Consulting Services R3
4. REFERENCES
1. City of Santa Clarita
Mr. Curtis William, Administrative Assistant
23920 Valencia Boulevard, Santa Clarita, CA 91355
661.255.4308 1 cwilliams@santa-clarita.com
Brief Description
R3 was engaged by the City of Santa Clarita to provide an analysis of its exclusive Franchise
Agreements (Agreements) for solid waste residential and commercial service with Waste Management
(WM) and Burrtec Waste Industries Inc. (Burrtec), which are set to expire in 2023. R3 also prepared
a comparative rate and services analysis of surrounding market conditions. One objective of this
analysis was to develop an understanding of how the City's current solid waste collection programs
and services, performance standards and operational requirements compare to solid waste industry
standard best practices. Another was to determine the key negotiation points to consider during
discussions with WM and Burrtec regarding contract terms, extensions, and/or amendments. Our
team comprehensively reviewed the City's existing Agreements, including amendments, and provided
recommendations for contract enhancements that address the City's goals and state legislative
requirements including SB 1383, AB 1826, AB 939, and the China National Sword.
R3 was also engaged in 2019 to review an extraordinary rate request from Burrtec relating to
extraordinary changes in the cost of providing services to the City's solid waste customers. Via that
effort, R3 reviewed and analyzed financial statements provide by Burrtec, confirmed the logic and
evidence supporting Burrtec's rate adjustment request, compared the resulting outcomes to other
rates in the region, and provided a final memorandum of findings and recommendations.
2. City of Eastvale
Mr. Marc Donohue, City Clerk / Communications Director
12363 Limonite Ave., Suite 910, Eastvale, 91752
951.703.44211 mdonohue@eastvaleca.gov
Brief Description
The City had exclusive Franchise Agreements with Waste Management of the Inland Empire (WM)
and Burrtec Waste Industries (Burrtec) for the collection of refuse, recycling, and green waste.
The City engaged R3 to conduct a limited competitive Request for Information (RFI) whereby both
haulers will vie for an exclusive agreement to provide all solid waste services to all sectors of the City.
The focus of this engagement was to conduct a transparent procurement process that focuses on
compliant collection programs, competitive rates, and high levels of customer service.
R3 contracted with the City to develop procurement strategies and deal points for a new agreement.
With that information, we prepared and issued RFI documents, including a new agreement. The
procurement process included R3 leading a mandatory pre -proposal conference, responding to and
providing clarification to questions submitted by the haulers, conducting evaluation of proposals,
negotiating with the top ranked proposer, and finalizing and presenting the new draft agreement for
City Council approval.
City of Rosemead I Solid Waste Consuihng Services 17
3.
4.
City of Westlake Village
Mr. Michael Forbes, AICP, Planning Director
31200 Oak Crest Drive, Westlake Village, CA 91361
818.706.1613 1 michael@wlv.org
Brief Description
Since August 2021, R3 has partnered with the City to evaluate the City's current solid waste collection system,
hauler contract, and regulatory requirements. R3 assisted the City with revisions to the City's solid waste
management ordinance and negotiated a new solid waste collection contract. R3 worked with City staff to
develop a complete list of deal points to negotiate into a new contract, including SB 1383 compliant programs
and services (3 -container collection for all customers, reporting and compliance provisions, route inspections and
reviews, color -compliant containers, standardized labeling, and public outreach and education), industry best
practices, exclusivity of the commercial market, and program fees to cover the cost to manage the agreement.
To comply with SB 1383, R3 also assisted the City by drafting revisions to the City's solid waste management
ordinance. In summary, SB 1383 requires all jurisdictions through the State to update their municipal codes
to enable jurisdictions to enforce the new requirements, which were incorporated in the City's municipal code
update. At this time, R3 continues to work alongside City staff to comply with solid waste legislation including SB
1383, in addition to administering the solid waste and recycling programs and interface with CalRecycle on the
City's behalf.
City of Pomona
Ms. Shandy Dittman, Sr. Management Analyst
505 South Garay Ave., Pomona, 91766
909.620.3797 1 shandy_dittman@ci.pomona.ca.us
Brief Description
R3 assisted through management reviews and efficiency studies of its municipal solid waste collection
operations in support of a decision as to whether to continue with municipal operations or outsource the system.
Our team projected the estimated revenues realized through outsourcing and the potential impact on customer
rates, and conducted a refuse vehicle impact study to quantify the impact of the City's residential solid waste
vehicles on the City's residential streets and the associated street maintenance costs. The operational review
considered safety, customer service, routing analysis, routing productivity, management and administration,
maintenance, and regulatory compliance. The vehicle impact fee study reviewed impacts and associated costs
of refuse vehicles on residential and commercial streets. The financial analysis of outsourcing found that unless
the City is willing and able to invest in the significant necessary capital expenditures needed to improve and
maintain its municipal residential solid waste collection operation, privatization will need to be considered.
5. City of Rolling Hill Estates
Ms. Alexa Davis, Assistant City Manager
4045 Palos Verdes Drive North I Rolling Hills Estates, CA 90274
310.377.1577 x111 I alexad@rollinghillsestatesca.gov
Brief Description
The City of Rolling Hills Estates (City) selected R3 to assist with a competitive process to procure solid waste
services. R3 worked closely with City staff and residents to address several concerns, including the impact
of a shift from unlimited manual collection to containerized, automated collection, and the shift from an open
commercial system to an exclusive commercial franchise system. The City staff also had concerns over the
level of franchise fees needed to cover the costs of contract administration, and R3 worked to increase City
revenue by 35% without increases to collection rates. The project team conducted a series of community
workshops to gain direct input from the community and assisted on the evaluation of the submitted proposals.
R3 also prepared the City's new solid waste ordinance to conform to the franchise agreement requirements, and
provided assistance in the transition process.
City of Rosemead I Solid Waste Consulting Services 18 IV
5. STANDARD CITY CONTRACT & INSURANCE
REQUIREMENTS
Acceptance of City Contract & Ability to Provide Insurance
We have reviewed and understand all elements of the City's RFP and intend to perform the services
outlined. We are willing to comply with the agreement, as prescribed by the RFP, including the insurance
requirements and those terms and conditions prescribed in the sample Service Agreement.
R3 Team, June 2022
City of Rosemead I Solid Waste Consulting Services
am
6. ADDENDA ACKNOWLEDGMENT
Addendum No. 1 - Released August 17, 2022
Change in due date, from August 24, 2022 to August 29, 2022
Answers to Questions - Released August 18, 2022
Answers to 10 questions released
R3 Team at Quarry Adventure Park, March 2022
City of Rosemead I Solid Waste Consulting Services 20 R°j
7. COST PROPOSAL
Project Budget
We propose to complete the Project Scope of Work on a time -and -materials basis for a not -to -exceed
budget totaling $139,745. Our project budget includes labor and project expenses for the work and
deliverables as listed in Tasks 1 — 5. We would be happy to discuss changes to our scope or budget as
may be needed to align with the City's needs.
City of Rosemead I Solid Waste Consulting Services 21 K3
CLASSIFICATION•
TASKTask
Principal
Sr. Managing
Managing Associate
Hours
Task
Budget
Consultant
Consultant Consultant
$ 285.00
$ 225.00
$ 200.00 $ 155.00
Kick-off Meeting & Project
1
Management
4
4
4 4
16
$ 3,460
2
Solid Waste Analysis
2
24
4 40
70
$ 12,970
Document Development &
3
Presentations
90
156
28 148
422
$ 89,290
4
Negotiations
4
56
8 24
92
$ 19,060
Tasks 1 - 4 Total
600
$ 124,780
5
Transition Assistance
4
25
10 40
79
$ 14,965
Tasks 1 - 5 Total
679
$ 139,745
City of Rosemead I Solid Waste Consulting Services 21 K3
Standard Hourly Billing Rates
In the table below, we have provided the hourly billing rates for the R3 Project Team that may be involved in providing
solid waste consultant services. These rates are effective July 1, 2022 and are subject to periodic adjustments based
on CPI.
IZ3CONSULTING GROUP, INC
RESOURCES- RESPECT RESPONSIBILITY
CLASSIFICATION•
Principal
$ 285
Sr. Director
$ 285
Director
$ 240
Sr. Managing Consultant
$ 220
Managing Consultant
$ 200
Sr. Consultant
$ 190
Consultant
$ 170
Associate Consultant
$ 155
COSTSREIMBURSABLE
Consultants/Subcontractors
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
Payments
Unless otherwise agreed in writing, fees for work completed will be billed monthly at the first of each month for the
preceding month and will be payable within 30 days of the invoice date.
City of Rosemead I Solid Waste Consulting Services 22 IU
Attachment B
Proposal from R3 Consulting Inc.
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL NO. 2022-19
SOLID WASTE CONSULTING SERVICES
SUBMITTALS:
Four (4) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in
sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by:
no later than August 24, 2022 at 10:00 am
or
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids
at: https://pbsystem.planetbids.com/portal/54150/portal-home
Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than
August 24, 2022 at 10:00 am
CONTACT PERSON:
Michael Chung, Director of Public Works
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2158, MChung@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
Please direct questions or concerns regarding this RFP to Michael Chung, Director of Public
Works via email: MChung ta-Dcitvofrosemead. oro or on the City's PlanetBids Vendor Portal by
August 15, 2022 by 5:00 pm. Answers to submitted questions will be posted on the City's website
and Planetbids.
This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at:
httlps://pbsVstem.planetbids.com/portal/54150/portal-home
Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by:
Michael Chung, Director of Public Works
City of Rosemead
City of Rosemead — Public Works RFP No. 2022-19
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
SOLID WASTE CONSULTING SERVICES
A. OBJECTIVE
The purpose of this Request for Proposals (RFP) is to select the most -qualified Consultant to
provide Solid Waste Consulting Services to manage and facilitate the procurement of a Solid
Waste Contractor for the collection, hauling, processing, and disposal of municipal solid
waste, recyclables, organics, and other materials. The City's current solid waste hauler
franchise agreement is set to expire on July 31, 2023.
B. BACKGROUND OF THE CITY
The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of
downtown Los Angeles. It is bounded on the north by the cities of Temple City and San
Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles
County community of South San Gabriel, on the south by Montebello, plus by EI Monte and
South EI Monte on the east. The City is 5.5 square miles (2,344 -acres) in size. According to
the 2020 Census, the City had a population of 51,185.
C. DESCRIPTION OF PROJECT AND SERVICES
The purpose of this Request for Proposals (RFP) is to select the most -qualified Consultant to
provide Solid Waste Consulting Services. The Consultant will evaluate the City's existing
waste programs and assist the City in the procurement of a Solid Waste Contractor.
The scope of services to be provided by the selected consultant for this project includes but
are not limited to the following:
Task 1. Project Management
a. Attend kick-off meeting with City Staff after award of contract to discuss scope of
work, information needs, and project schedule.
b. Provide a detailed project schedule that includes milestones and assigns tasks to
relevant parties. Initiate updates to the project schedule as necessary and provide
notification of changes to the City. The schedule shall be managed and updated
throughout the term of the services.
c. Coordinate bi-weekly meetings with the City to provide project progress and status
of schedule.
d. The Consultant shall be responsible for preparation and distribution of meeting
minutes for all related meetings attended by the Consultant and shall manage
action items in a timely manner.
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August 8, 2022
City of Rosemead — Public Works
Task 2. Solid Waste Analysis Report
RFP No. 2022-19
a. Compliance Analysis: Evaluate the City's existing waste programs to assess the
City's compliance with solid and organic waste, and recycling regulations.
Evaluate the City's solid waste ordinances, solid waste franchise agreement, and
other waste diversion related programs and efforts. Identify, scope of services,
actions and/or new programs needed to ensure compliance with current State
waste and recycling regulations, and anticipated future regulations, if applicable.
b. Resource Analysis: Based on Task 2a Consultant shall develop budget,
programming, service, and staffing needs that are recommended to achieve full
compliance with State waste and recycling regulations.
c. Market Rate Analysis: Evaluate state, regional, and local industry rates and
franchise fees as well as new or additional service costs (one-time, annual, or on-
going expenses) needed to comply with solid and organic waste recycling
regulations. Provide an analysis of potential rate changes needed to adequately
meet solid waste regulations.
d. Submit a Solid Waste Analysis Report that includes the Compliance Analysis,
Resource Analysis, and Market Rate Analysis.
Task 3. Technical Document Development and Presentations
a. Based on the results of Task 2, develop and prepare a Request for Proposal (RFP)
for the solicitation of contractors to provide Solid Waste services for the City under
a contractual franchise agreement. Key items to be included in the RFP but are
not limited to:
z
• Draft Franchise Agreement: Consultant shall develop and prepare a draft
waste hauler franchise agreement between the City and solid waste
contractor, including insurance requirements, performance standards with
liquidated damages and provisions for specific performance failures, and
indemnifications.
• Contract Scope of Services: Consultant shall prepare a scope of services
and contract requirements to be included in the draft franchise agreement.
• Waste Data: Consultant shall collect, review, and provide detailed
operational and service data to assist proposers in developing their
proposals
• Proposer Worksheets: Consultant shall prepare worksheets designed for
proposers to enter proposed rates and supporting cost data.
• RFP Requirements: The Consultant shall develop RFP format, criteria
requirements. Requirements include items such as waste collection
program descriptions, transition and implementation plans, firm
information, and experience references.
August 8, 2022
City of Rosemead — Public Works
b. Hold meeting with City staff to present draft agreement and RFP.
RFP No. 2022-19
c. Address and provide written response to all City staff review comments of the Solid
Waste services RFP and franchise agreement.
d. Prepare presentation material to summarize key services and programs outlined
within the Solid Waste RFP to present City Council for input and concurrence.
e. Prepare a list of prospective proposers and invite each proposer to submit a proposal.
f. Conduct a pre -proposal meeting with prospective proposers and the preparation of
the written response(s) of any subsequent addenda to the RFP.
g. Coordinate any site visits to facilities of potential service providers and prepare
questions for City to ask providers during visit.
h. Develop the written criteria and methodology to evaluate and rank each
proposal submitted.
i. Prepare a technical analysis of each proposer to verify the ability to comply with,
provide for, and meet the requirements of a contract period. Evaluate each
proposer's experience, ability to perform the contract through references, and
analyze the financial capability and strength of the proposer to perform in the
contract.
j. Hold meeting with City staff to present results of the proposal analysis and
recommended proposers.
k. Manage and facilitate interviews with the most qualified prospective proposers.
Task 4. Contract Negotiations
a. Assist the City in negotiating services, terms, rates, and the preparation of a final
agreement for approval by City Council.
b. Incorporate any changes in the scope of services and contract requirements during
negotiations to the franchise agreement.
b. Prepare report and presentation to City Council for the recommendation/options
for the procurement of a solid waste contractor. The target date for the resolution
approving a solid waste contractor is tentatively April 30, 2023. The target date to
initiate contract service is August 1, 2023, for the collection, hauling, processing
and disposal of solid waste services.
Task 5. Solid Waste Contractor Transition (Optional)
a. Assist the City in all tasks related to the potential transition between the City's
current solid waste contractor and new solid waste contractor.
D. PROPOSAL SUBMISSION
Electronic or Hardcopy proposals will be accepted as follows:
Hardcopy Proposal Submittals:
Four (4) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in
M% rfg;
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August 8, 2022
City of Rosemead — Public Works
sealed envelope(s)
Hardcopy proposals shall be addressed to:
City of Rosemead -City Hall
City Clerk's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn : Ericka Hernandez, City Clerk
Electronic Proposal Submittals:
RFP No. 2022-19
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by
PlanetBids at: https://Dbsystem.planetbids.com/portal/54150/portal-home
Proposal submittal due date is:
August 24, 2022, at 10:00 a.m.
Late proposals will not be accepted.
E. CONSULTANT SELECTION SCHEDULE
Release of Requests for Proposals
Submittal of Questions
Response to Questions
Proposal Due Date
Proposal Evaluation
Optional Interview (if required)
Tentative City Council award
Tentative Start date
August 8, 2022
August 15, 2022 by 5:00 pm
August 19, 2022
August 24, 2022 by 10:00 am
August/September 2022
August/September 2022
September 13, 2022
September 19, 2022
F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Professional Services Agreement is provided in Attachment A. Please review
and provide any comments you have. City does not guarantee that any revisions to contract
will be accepted.
G. CONSULTANT SELECTION METHODOLOGY
—�� �t,,-,
KOSE7v� if,
4
August 8, 2022
City of Rosemead — Public Works
RFP No. 2022-19
The City will evaluate the Proposals submitted, and select the most qualified consultant. In
evaluating the Proposals, the City may consider the following factors:
• Completeness of the RFP and compliance with the required format.
• Project understanding and approach to provide the requested services efficiently.
• Experience and qualifications of the project team members.
• Experience and qualifications of the firm.
• Experience in local area and project requirements and process.
• Experience in working as an extension of City staff and providing services in similar
capacities with minimal direction from City staff.
During the evaluation process, the City may also contact listed references (or request
additional references), and include the feedback received in the evaluation factors listed
above as applicable.
H. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
Cover Letter: Provide an executive summary of your proposal.
Table of Contents: Provide contents of proposal with page number references for each
proposal section listed below.
Section 1. Approach, and Scope of Work: Provide your understanding of the project,
scope of work, schedule, and describe your approach in providing services.
Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart
showing the names and responsibilities of key personnel and subconsultants. Provide
resumes of all key personnel identified in the organization chart.
Section 3. Company Qualifications: Provide qualifications of your, emphasize similar
services provided, and local experience.
Section 4. References: Provide five (5) Public Agency references for similar projects.
Section 5. Standard City Contract and Insurance Requirements: Proposers shall
review the attached Standard City Contract and Insurance Requirements and provide a
statement that they will comply with all aspects of the Agreement or provide any comments
that they would like the City to consider.
Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall
OSE FiE'AD
August S, 2022
City of Rosemead — Public Works
be acknowledged in this section.
RFP No. 2022-19
Section 7. Cost Proposal: Consultant shall submit a not to exceed cost proposal listing
a detailed cost for each task and sub -task; including work classification, rate, and
estimated hours for each subtask of work. The general Scope of Services outlined herein
is only provided as a guide in this Request for Proposals. Consultants shall provide a
detailed Scope of Services in their submitted Technical Proposal as necessary to reflect
the method and procedure in which they intend to provide the required professional
services, consistent with the general Scope of Services.
Provide your firm's current Hourly Fee Rates for staff classifications who may provide the
services.
I. PROTEST PROCEDURES
This section sets forth the protest remedies available with respect to the RFP. Each
prospective consultant, by submitting its Proposal, expressly recognizes the limitation on its
rights to protest contained herein, and expressly waives all other rights and remedies. Each
prospective consultant agrees that the decision on any protest, as provided herein, will be final
and binding on the protestant.
All protests and related statements described in this section shall be submitted to:
City of Rosemead -City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ericka Hernandez, City Clerk
J. DEBRIEFING
Proposers who submit a proposal in response to the RFP shall be notified in writing when the
proposer was not selected.
K. PUBLIC RECORDS ACT
Proposals may be subject to public disclosure under the California Public Records Act and
other public records laws, and by submitting a proposal, the proposer waives all rights to
confidentiality of any information submitted in the proposal and agrees to any and all such
disclosures required or permitted by law. Proposals become the property of the City when
submitted and by submitting a proposal, the proposer agrees that the City may use any
information, documentation or writing contained in the proposal for any the City purpose.
L. PRE -CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION
The City is not liable for any pre -contractual expenses incurred by any proposer or by any
selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the
City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the
ROS�AD
M
August 8, 2022
City of Rosemead — Public Works RFP No. 2022-19
entity participating in the preparation of its response to this RFP. Pre -contractual expenses are
defined as expenses incurred by proposers and the selected consultant, if any, in:
• Preparing and submitting information in response to this RFP
• Negotiations with the City on any matter related to this procurement
• Costs associated with interviews, meetings, travel or presentations
• All other expenses incurred by a proposer/consultant prior to the date of award and a
formal notice to proceed.
The City reserves the right to amend, withdraw and cancel the RFP. The City reserves the
right to reject all responses to this request at any time prior to contract execution, or only award
a partial.
M. QUESTIONS REGARDING THIS RFP
Please direct any questions or concerns regarding this RFP to Michael Chung, Director of
Public Works via email: MChung@cityofrosemead.org by August 15, 2022 by 5:00 pm.
Answers to submitted questions will be posted on the Cities' website and Planetbids.
ATTACHMENTS:
Attachment A — City Agreement and Insurance Requirements
Attachment B — Distribution List
7
August 8, 2022
ATTACHMENT A - CITY AGREEMENT AND INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
[INSERT TYPE OF PROFESSIONAL SERVICE]
[INSERT COMPANY NAME]
1. PARTIES AND DATE.
This Agreement is made and entered into this this Day of _, 20_
(Effective Date) by and between the City of Rosemead, a municipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ("City") and [INSERT COMPANY] a
[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at
[INSERT ADDRESS] ("Consultant'). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF
SERVICE] consulting services to public clients, is licensed in the State of California and
is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such ongoing professional [INSERT
NAME OF PROJECT] ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
[INSERT COMPANY NAME]
Page 2 of 19
3.1.1 General Scope of Services: Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [INSERT TYPE
OF SERVICES] services necessary for the Project, herein referred to a "Services". The
Services are more particularly described in Exhibit [INSERT EXHIBIT LETTER] attached
hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The term of this Agreement shall be for a [INSERT WRITTEN
YEARS] [(INSERT YEAR IN NUMBER)] year period from the Effective Date shown
above, with [INSERT WRITTEN YEARS] [(INSERT YEARS)] extension at the sole and
absolute discretion of the City, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services: Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
[INSERT COMPANY NAME]
Page 3 of 19
3.2.3 Conformance to Applicable Requirements: All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel: Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative: The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Agreement. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative: Consultant hereby designates
[INSERT NAME], or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his/her professional skill and attention, and shall be responsible for all means,
methods, techniques, sequences and procedures and for the satisfactory coordination of
all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City business License, and
[INSERT COMPANY NAME]
Page 4 of 19
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of
and in compliance with applicable local state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be
liable for all violations of such laws and regulations in connection with Services. If the
Consultant performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any liability to the extent found to be
arising out of any failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for
the duration of this Agreement insurance coverage as specified in Exhibit B attached to
and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of its
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation: Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed [INSERT WRITTEN AMOUNT] Dollars [(INSERT NUMERIC AMOUNT)] and in
accordance with consultant's proposal dated [INSERT DATE]. Consultant's proposal is
hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as
[INSERT COMPANY NAME]
Page 5 of 19
described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation: Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 30 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on
"public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and
if the total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft; classification or type of worker needed to execute the
Services available to interested parties upon request and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
[INSERT COMPANY NAME]
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transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices: All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
C40itA
[INSERT COMPANY NAME]
[INSERT ADDRESS]
Attn: [INSERT PRIMARY CONTACT]
Tel: [INSERT PHONE NUMBER]
City of Rosemead
8838 Valley Boulevard
Rosemead, CA 91770
Attn: [INSERT CITY CONTACT]
[INSERT COMPANY NAME]
Page 7 of 19
Such notice shall be deemed made when personally delivered or when mailed, forty- eight
(48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property: This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited
to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared
by design professionals other than Consultant or provided to Consultant by the City.
The Documents & Data are intended for use solely with respect to the project for which
they were prepared. Any reuse or modification by City shall be at City's sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate
with one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
[INSERT COMPANY NAME]
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3.5.5 Attorney's Fees: If either party commences an action against
the other party, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all costs of such action as
part of prevailing party's total damages as determined by court of competent jurisdiction
or as agreed upon by the parties in settlement.
3.5.6 Indemnity and Defense.
a. Indemnity and Defense
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
Agency and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all losses, liabilities, damages, costs and expenses, including legal
counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
services under this agreement. Consultant's duty to indemnify and hold harmless Agency
shall not extend to the Agency's sole or active negligence.
b. Duty to Defend
In the event the Agency, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the performance
of the services encompassed by this agreement, and upon demand by Agency,
Consultant shall defend the Agency at Consultant's cost or at Agency's option, to
reimburse Agency for its costs of defense, including reasonable attorney's fees and costs
incurred in the defense of such matters to the extent the matters arise from, relate to or
are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is
not a condition precedent to enforcement of this provision. In the event of any dispute
between Consultant and Agency, as to whether liability arises from the sole or active
negligence of the Agency or its officers, employees, or agents, Consultant will be
obligated to pay for Agency's defense until such time as a final judgment has been
entered adjudicating the Agency as solely or actively negligent. In no event shall the cost
to defend charged to the design professional exceed the design professional's
proportionate percentage of fault.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
[INSERT COMPANY NAME]
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3.5.8 Governing Law: This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
calendar days and not work days. All references to Consultant include all personnel,
employees, agents, and subcontractors of Consultant, except as otherwise specified in
this Agreement. All references to City include its elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
[INSERT COMPANY NAME]
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3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as
required under state law in the performance of the Services. For breach or violation of
this warranty, City shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
[INSERT COMPANY NAME]
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3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on next Page]
CITY OF ROSEMEAD
Gloria Molleda, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
[INSERT COMPANY NAME]
Al
Name:
Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED]
0
Name:
Rachel Richman Date
City Attorney Title:
[INSERT COMPANY NAME]
Page 12 of 19
[INSERT COMPANY NAME]
Page 13 of 19
EXHIBIT A
SCOPE OF SERVICES/ RATE SCHEDULE
[INSERT COMPANY NAME]
Page 14 of 19
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage. The policy
must include contractual liability that has not been amended. Any endorsement restricting
standard ISO "insured contract" language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state -approved policy form providing statutory
benefits as required by law with employer's liability limits no less than $1,000,000 per
accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-insured
retention for liability not covered by primary but covered by the umbrella. Coverage shall
be provided on a "pay on behalf basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is
[INSERT COMPANY NAME]
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determined, not requiring actual payment by the insured first. There shall be no cross -
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend the
Named Insured. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with an A.M. Bests rating of A- or
better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 (or
otherwise consistent with the insurer's endorsement). Consultant also
agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the
right of subrogation prior to a loss. Consultant agrees to waive subrogation
rights against City regardless of the applicability of any insurance proceeds,
and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement
relating to the City or its operations limits the application of such insurance
coverage.
[INSERT COMPANY NAME]
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4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over' claims, including any
exclusion for bodily injury to an employee of the insured or of any contractor
or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall
not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall
be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage
is provided, City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Consultant or deducted from sums due Consultant, at
City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City
of any cancellation of coverage. A ten (10) day notice to City shall apply to
nonpayment of premiums. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that
any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage (except Professional Liability and Workers' Compensation)
required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other
insurance or self-insurance available to City.
[INSERT COMPANY NAME]
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10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self -insure its
obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does
it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the
agreement is canceled or terminated for any reason. Termination of this
[INSERT COMPANY NAME]
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obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its employees, officials and agents.
18. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue, and is not intended by any
party or insured to be limiting or all inclusive.
19. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here
to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by
this agreement. Any such provisions are to be deleted with reference to City.
It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
[INSERT COMPANY NAME]
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Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Attachment B - Distribution List
CSG Consultants, Inc.
Attn: Kathleen M. Gallagher
550 Pilgrim Drive,
Foster City, CA 94404
Phone: (650) 483-9097
kathleengAcsgengr. corn
HFBH Consultants
Attn: Kim Ervin
19200 Von Karman Avenue #360
Irvine, CA 92612
Phone: (949) 251-8628
kerwin(c hfh-consultants.com
KJ Services Environmental Consulting
Attn: Kevin Sales
12025 Florence Ave., Suite 201,
Santa Fe Springs, CA 90670
info(a) kiservicesenviro. com
MSW Consultants
Attn: Dave Davis
41760 Ivy St., Suite 203
Murrieta, California 92562
Phone: (951) 694-4001
davea.msw-consu Itants.com
R3 Consulting
Attn: Peggy Paulsen
1512 Eureka Rd STE 220,
Roseville, CA 95661
Phone: (916) 782-7821
goaulsen(&r3cgi.com
SCS Engineers
Attn: Michelle Leonard
438 S. Marengo Ave.
Pasadena, CA 91101
Phone: (626) 322-3823
mleonard Ccbscsennineers. com