3422 CLOSEDAgreement.k 2
CONTRACT FOR SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
CONSOLIDATED DISPOSAL SERVICE
This AGREEMENT is entered into this 20th, day of December, 2004, by and between the
CITY OF EL SEGUNDO, a general law city a municipal corporation ( "CITY") and
CONSOLIDATED DISPOSAL SERVICE, a D� corporation ( "CONTRACTOR ").
1. CONTRACTOR'S SERVICES. By this Agreement, CITY retains CONTRACTOR
exclusively to provide the following services:
A. Transportation of greenwaste ( "Waste ") from CITY's Maintenance Facility at 150
Illinois Street to a dump site certified for greenwaste disposal and complying with
all applicable laws and regulations for the disposal of greenwaste;
B. Complying with all local, state, and federal regulatory reporting and providing
copies of such reports to CITY.
2. TRANSPORTATION OF WASTE.
A. Carriers employed or contracted by CONTRACTOR, as authorized below, to
transport the Waste identified in this Agreement must be properly licensed and
insured.
B. Routes taken by all trucks used by CONTRACTOR must comply with all
regulations or directives from the United States Department of Transportation,
California Highway Patrol, and California Department of Transportation.
C. CONTRACTOR must report to CITY all accidents involving vehicles transporting
the Waste, regardless of whether the incident involved any Waste discharge.
3. OWNERSHIP OF WASTE. CONTRACTOR will immediately own all Waste it collects,
whether by itself or by its haulers, pursuant to this Agreement.
4. PAYMENTS. In consideration of CONTRACTOR performing the SERVICES, above,
CITY agrees to pay CONTRACTOR as follows:
A. CITY will pay the CONTRACTOR a sum not to exceed FIFTEEN THOUSAND
FIVE HUNDRED DOLLARS ($15,000.00) for the Work set forth in the Scope of
Services set forth in Exhibit A to the Agreement.
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3422.
5. TERM. The term of this Agreement will be for three (3) years from the date set forth
above. This Agreement may be extended for an additional three (3) year terms for a total
of six (6) years.
6. TIME FOR PERFORMANCE.
A. CONTRACTOR will not perform any work under this Agreement until:
i. CONTRACTOR furnishes proof of insurance as required under Section 18
of this Agreement; and
ii. CONTRACTOR provides to CITY a hold harmless agreement in a form
approved by CITY's counsel from CONTRACTOR's hauler, if any, as
provided by this Agreement.
iii. CITY gives CONTRACTOR a written Notice to Proceed.
B. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such services are at CONTRACTOR's own risk.
7. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause. Notice of
termination will be in writing. CONTRACTOR may terminate this Agreement with
or without cause upon thirty (30) days notice.
B. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONTRACTOR
will, at CITY's option, become CITY's property, and CONTRACTOR will receive
just and equitable compensation for any work satisfactorily completed up to the
effective date of notice of termination as set forth in Section 4.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on
its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and
the contract time will be adjusted accordingly. All such changes must be authorized in
writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting
from changes in the services will be determined in accordance with written agreement
between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with
a Taxpayer Identification Number.
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10. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates
that may be required in connection with the performance of services under this Agreement,
including a El Segundo Business Tax Certificate.
11. PROJECT COORDINATION AND SUPERVISION.
A LeWiS 6 t.:-q,yNt (&e v- lay. -eoI is assigned as CONTRACTOR's
Representative and will be responsible for job performance, negotiations,
contractual matters, and coordination with CITY's Representative(s).
B. Roger Groman, General Services Manager is designated as CITY's Representatives
and will be responsible for instructing, directing, and communicating with
CONTRACTOR. CONTRACTOR may rely and act upon all such instructions,
directions, and communications from these Representatives only.
12. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONTRACTOR under this Agreement will not be construed to operate as a waiver of any
rights CITY may have under this Agreement or of any cause of action arising from
CONTRACTOR's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character.
13. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONTRACTOR under this Agreement are
CITY's property. CONTRACTOR may retain copies of said documents and materials as
desired, but will deliver all original materials to CITY upon CITY's written notice or at the
conclusion of the project, whichever comes first.
14. INDEMNIFICATION.
A. CONTRACTOR agrees to the following:
i. CONTRACTOR indemnifies and holds CITY harmless from and against
any claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response o�
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment.. Should CITY be named in any
suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of this Agreement, or its
performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any
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3422.
judgment rendered against it or any sums paid out in settlement or
otherwise.
ii. The foregoing indemnity is intended to operate as an agreement pursuant to
42 USC § 9607(e) (the Comprehensive Environmental Response,
Compensation and Liability Act; "CERCLA ") and Health & Safety Code §
25364 to defend, protect, hold harmless, and indemnify CITY from all
forms of liability under CERCLA, or other applicable law, for any and all
matters addressed in this Agreement.
B. As used throughout this Agreement, "Hazardous Waste," "HW," or "Waste" means
any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous
wastes, substances or related materials or any other chemicals, materials or
substances, exposure to which is prohibited, limited or regulated by any federal,
state, local law or regulation or which, even if not so regulated, may or could pose a
hazard to public health and safety, including, without limitation, asbestos, PCBs,
petroleum products and byproducts, substances defined or listed as "hazardous
substances" or "toxic substances" or similarly identified in, pursuant to, or for
purposes of, the California Solid Waste Management, Resource Recovery and
Recycling Act (Gov't. Code §§ 66700 et seq.); the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the
Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource
Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); Health & Safety Code
§§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code
of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance
Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any "toxic pollutant" under the
Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under
the Clean Air Act (42 U.S.C. §§ 7901 et seq.).
B. For purposes of this section "CITY" includes CITY's officers, officials, employees,
agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of the
State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be maintained
by CONTRACTOR as required by Section 18, and any approval of said insurance
by CITY, are not intended to and will not in any manner limit or qualify the
liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this
Agreement, including, without limitation, to the provisions concerning
indemnification.
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6422 • . .
15. SUBCONTRACTING AND ASSIGNABILITY. CONTRACTOR may subcontract for
hauling services with H 16. That subcontractor comply with the insurance
indemnification provisions of this Agreement to the same extent as required of
CONTRACTOR by this Agreement including, without limitation, naming CITY as an
additional insured and executing a hold harmless agreement in a form approved by CITY's
legal counsel. Other than such subcontracting, CONTRACTOR's attempts to assign the
benefits or burdens of this Agreement without CITY's written approval are prohibited and
will be null and void.
16. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which is it performed. CONTRACTOR will be free to contract for
similar service to be performed for other employers while under contract with CITY.
Except as described in Paragraph 1, CONTRACTOR is not an agent or employee of CITY
and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
CITY provides for its employees. Any provision in this Agreement that may appear to give
CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a
measure of control over the work means that CONTRACTOR will follow the direction of
the CITY as to end results of the work only.
17. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or its designee, has the right to review, obtain,
and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or its designee, with any relevant
information requested and will permit CITY, or its designee, access to its premises,
upon reasonable notice, during normal business hours for the purpose of
interviewing employees and inspecting and copying such books, records, accounts,
and other material that may be relevant to a matter under investigation for the
purpose of determining compliance with Government Code § 8546.7.
CONTRACTOR further agrees to maintain such records for a period of three (3)
years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to
this Agreement separate from other activities unrelated to this Agreement.
18. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
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Limits (combined single)
$1,000,000
$1,000,000
3422 • , .
Workers compensation Statutory requirement.
B. Commercial general liability insurance must meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by CITY will be excess thereto.
Such insurance must be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to CITY.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00
O1 06 92, including symbol 1 (Any Auto). The Automobile Liability policy must
be endorsed to delete the Pollution exclusion and add the Motor Carrier Act
endorsement (MCS -90), TL 1005, TL 1007 and/or other endorsements required by
federal or state authorities.
D. CONTRACTOR will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by CITY from time to time. Insurance must
be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer
will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will 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, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
F. CITY agrees that CONTRACTOR's insurance companies and insurance limits
existing on the date this Agreement is executed are acceptable for this Agreement.
CONTRACTOR must comply with the certificate and endorsement requirements of
this section and maintain its existing insurance policies, or insurance as otherwise
required by this section, during the term of this Agreement.
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64 .
19. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of El Segundo Consolidated Disposal Service
Public Works Department 12949 Telegraph Road
150 Illinois Street Santa Fe Springs, CA 90670
El Segundo, CA 90345
20. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor
retained any company or person, other than CONTRACTOR's bona fide employee, to
solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor
has it agreed to pay any company or person, other than CONTRACTOR's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement
without liability.
21. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONTRACTOR's or CITY's obligations under this Agreement.
22. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County Superior Court.
23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the
parties. There are no other understandings, terms or other agreements expressed or
implied, oral or written. This Agreement will bind and inure to the benefit of the parties to
this Agreement and any subsequent successors and assigns.
24. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
25. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply,
as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or
against either Party.
26. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and, as
so modified, such portion and the balance of this Agreement will continue in full force and
effect.
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3422 • . . .
27. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement
and to engage in the actions described herein. This Agreement may be modified by written
amendment. CITY's CITY Manager, or designee, may execute any such amendment on
behalf of CITY.
28. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be entered
into in connection with this Agreement will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in all
respects as having the same effect as an original signature.
29. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing
such covenants and conditions had been used in each separate paragraph.
30. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
31. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
32. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
33. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR
represents that it has demonstrated trustworthiness and possesses the quality, fitness and
capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR
represents that its financial resources, surety and insurance experience, service experience,
completion ability, personnel, current workload, experience in dealing with private
contractors, and experience in dealing with public agencies all suggest that
CONTRACTOR is capable of performing the proposed contract and has a demonstrated
capacity to deal fairly and effectively with and to satisfy a public agency.
34. COMPLIANCE WITH LAW. CONTRACTOR will comply with all federal, state and
local laws applicable to the performance of this Agreement including, without limitation,
the El Segundo Municipal Code.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
ATTES
CONSOLIDATED DISPOSAL SERVICE- .�--�-
a Cnzhforttiff Corporation
J
- Pr ident
Print Name-pusse () t • 10X
Title: NY-ec.
By: (,� (/�/�( V Taxpayer ID
CindyLMortesen Number
City Clerk
Contractor State
License Number
Contractor City
Business License
Number
APPROVED AS TO FORM:
MARK D. HEN Y, CITY ATTO EY
By:
Karl H. Berge ,
Assistant City Attorney
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City of El Segundo, Public Works Department Request for Proposal
Green Waste Hauling and Recycling Services RFP No. 04 -08
RFP DATA
RFP Number: 04 -08
Commodity Title: Green Waste Hauling and Recycling Services
Issue Date:
RFP OPENING
Day / Date: Tuesday, October 26, 2004
Time: 11:00 A.M.
Location: City Clerk's Office
350 Main Street
El Segundo, CA 90245 -3813
DIRECTIONS
Park on the north side of City Hall on Holly Street. Enter City Hall through the double
glass doors. Proceed down the hall to Room 5, the first office on the right -hand side.
RFP SCHEDULE
RFP Mailing
Deadline for Questions
Response to go out for Questions
RFP Opening
RFP Evaluations
City Council Approval
Contract execution /begin services
RFP CONTENTS
I. Instructions
II. General Specifications
lll. Contract Administrators
IV. Evaluation Criteria
V. RFP Proposal Sheet
Thursday, September 30, 2004
Thursday, October 14, 2004; 4:30 pm
Tuesday, October 19, 2004
Tuesday, October 26, 2004; 11:00 am
Tuesday, November 2, 2004
Tuesday, November 16, 2004
Monday, January 24, 2005
The Office of the City Clerk must receive sealed written Responses no later than the
date, time and location indicated above for the Bid Opening. Submittal of Response by
fax is not acceptable.
Note: This RFP does not constitute an order for the goods or services specified.
Page 1 of 8
City of El Segundo, Public Works Department
Green Waste Hauling and Recycling Services
I. INSTRUCTIONS
Request for Proposal
RFP No. 04 -08
Notice is hereby given that sealed Proposals will be received in the Office of the City
Clerk, City Hall, 350 Main St., El Segundo, California, 90245 until 11:00 a.m.
Tuesday, October 26, 2004. All RFP responses will be opened at that time. Arrive
early and get your RFP response date /time stamped in by the City Clerk's office
before 11:00 a.m. If for any reason you are late the City will be prohibited from
accepting the RFP response package.
All responses must be sealed and clearly marked "Green Waste Hauling and
Recycling Services - RFP # 04 -08 ".
All items are to be in accordance with the attached specifications.
Instructions to Bidders Definitions: The following meanings are attached to the
following defined words when used in these specifications and the contact: The word
"City" means the City of El Segundo, California. The word "Bidder" "Vendor," or
"Contractor" means the person, firm, or corporation submitting a bid on these
specifications or any.part thereof.
Filing Date: All responses must be received at or before the time indicated above.
Copies of all forms and specifications are available in the Public Works Department,
General Services Division of the City of El Segundo, 150 Illinois Street, El Segundo,
CA 90245, (310) 524 -2709.
Reservations: The City Council reserves the right to reject any and all bids
received, to take all bids under advisement for up to 90 days after opening, to waive
any informality in any bid, and to be the sole judges of the relative merits of the
material mentioned in the respective bids received. The Council also reserves the
right to reject any item(s), award more than one contract for each of the items, and
reject bids that are not accompanied by the requested information. Bidders are
hereby notified that the successful bidder must be properly licensed to do business
in the City of El Segundo before commencing the work under the contracts awarded
hereunder, if required by the contract.
Bid Form: The proposal must be: 1) made on the forms provided, 2) submitted in
(4) four sets, clearly marked "RFP for Green Waste Hauling and Recycling
Services ", showing the RFP number and addressed to the City Clerk, City of El
Segundo, 350 Main Street, El Segundo, California, 90245. No telephone bids will
be accepted.
If an individual makes the bid, said proposal must be signed by that individual, with
the full name and address provided. If proposal is made by a partnership, said
proposal must be signed by a partner, with the full name and address of each
partner provided. If proposal is made by a corporation, said proposal must be
signed by the proper officer in the corporate name with the corporate seal attached
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City of El Segundo, Public Works Department Request for Proposal
Green Waste Hauling and Recycling Services RFP No. 04 -08
to each signature.
All blank spaces in the Proposal must be properly completed. Proposal shall be in
ink or typewritten, The phraseology of the RFP must not be altered in any way.
Unless otherwise stated, RFPs will be received on one or more, or all items. Bidders
are invited to be present at the time the RFPs are opened. Bidders must specifically
quote on UNITS as shown on the proposal sheet. In the case of error in extension of
prices, the unit price will govern. Proposals are subject to acceptance by the City for
a period of three months, unless a different period is prescribed in the Proposal by
the bidder.
Contract: The Bidder to whom the award is made will be required to enter into a
written contract with the City. The contract may be in the form of a purchase order.
A copy of the Invitation to RFP, the vendor Proposal, and the contract specifications
will be attached to, and form part of the contract. All materials, supplies, equipment,
and services supplied by the vendor shall conform to the applicable requirements of
State and Federal laws governing labor and wages, as well as conforming to the
specifications herein. In case of default by the vendor, the City reserves the right to
procure the articles ore services from other sources and to hold the vendor
responsible for any excess costs incurred by the City. Before commencing work, the
.Bidder to whom the contract is awarded is required to be licensed to do business in
the City of El Segundo.
Force Maieure: The vendor will be excused from the performance of the contract, in
whole or in part, only by reason of the following causes:
1. When such performance is prevented by operation of law.
2. When such performance is prevented by an irresistible superhuman cause.
3. When such performance is prevented by an act of the public enemies of the
United States of America, or the State of California, or by strike, mob
violence, fire, delay in transportation beyond the control of the vendor, or
unavoidable casualty.
4. When such performance is prevented by the inability of the vendor to secure
necessary materials, supplies, or equipment by reason of:
a. Appropriation of use thereof by the Federal Government, or
b. Regulations imposed by the Federal Government.
No other Force Majeure causes or conditions may be inserted in this RFP, and any
changes in the conditions stated herein will cause the response to be rejected.
Payments: Payments on the contract will be made approximately 3D days from the
completion and acceptance of the service, unless alternate terms are proposed and
Page 3 of 8
City of El Segundo, Public Works Department
Green Waste Hauling and Recycling Services
Request for Proposal
RFP No. 04 -08
accepted by the City. The City may consider prompt payment discounts when
calculating the lowest response if the end result benefits the City.
Taxes: The City of El Segundo is exempt from paying Federal excise taxes. These
taxes are not to be included.
Errors /Omissions: The vendor shall not be allowed to take advantage of any errors
and/or omissions in these specifications or in the vendor's specifications submitted
with the Proposal. Full instructions will be given if such errors /omissions are
discovered and vendor agrees to abide by said instructions.
Default: If the vendor fails in any manner to fully perform and carry out each and all
of the terms, covenants, and conditions of the award, then the vendor is in default of
the contract. The vendor shall be notified in writing of the default status, and will be
given a time frame in which to comply. 'If the vendor fails to comply within said time
frame, the City, at its option, may terminate or cancel the contract, and, at the
expense of the contractor, complete the contract with an alternate contractor.
Such termination shall not affect or terminate any of the rights of the City against the
vendor, which may thereafter accrue because of such default. The foregoing
provision shall be in addition to all other rights and remedies available to the City
under law.
The waiver of a breach of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term, covenant, or
condition hereof.
References: Please provide at least three or more references, including contact
name and phone number, that you have current contracts with, preferably firms in
the South Bay area.
Bidders' List: Failure to submit a response, including a "No Bid" response, may
cause the Bidder's name to be removed from the City's Bidders' List.
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City of El Segundo, Public Works Department Request for Proposal
Green Waste Hauling and Recycling Services RFP No. 04 -08
II. GENERAL SPECIFICATIONS
Statement of Work: This Request for Proposal (RFP) is a solicitation for the
services of a qualified firm to provide for hauling and recycling of City generated
green waste from the City Maintenance Facility located at 150 Illinois Street in El
Segundo.
The firm selected must be able to:
1. Provide (1) 40 -cubic yard high roll -off bin for green waste for on -call services;
2. Provide on -call services within 24 hours and no minimum requirements;
3. Recycle 100% of the recyclable green waste material;
4. Provide weight tickets for each haul and annual reports.
An option to be considered: If the City chooses to haul materials to the firm's
facility, what would be the price per ton? Would weight tickets be provided? What
would be the percent of recycling to be done?
Contract Time: The contract shall be for a three -year period with an option one
additional three year term, for a maximum total contract length of six years, effective
upon receipt of an executed contract from the City. The initial contract term will end
September 30, 2008 to align with the City's fiscal year. The City upon thirty- (30)
days' written notice may cancel the contract. The contractor may cancel the
contract with the City upon one hundred - twenty - (120) days' written notice.
Compensation: The City may, not more frequently than once per year authorize an
adjustment in contractor's compensation by application of the following formula and
procedure to the then current compensation:
Effective the start date of contract and on subsequent anniversary dates during the
term of this agreement, Contractor shall be entitled to compensation adjustment
based upon the increase in Consumer Price Index, All items, 1982 -84 =100 (Los
Angeles- Anaheim - Riverside) form the base month (commencing June 2005) to the
following year's comparison month (June 2006, June 2007). Provided, however,
that Contractor and City agree that any increase shall be limited to no more than a
total of five (5 %) for the schedule increase in compensation effective January 23,
2005 and January 23, 2006.
Financial Statement: The bidder shall provide a balance sheet for the last
operating year, plus additional information updating this statement.
Default by Contractor.,,./ Termination: The City may terminate this Contract
without liability for damages when, in the City's sole opinion, the Contractor is not
diligently perform inn or otherwise not complying in good faith with the Contract, has
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City of El Segundo, Public Works Department
Green Waste Hauling and Recycling Services
Request for Proposal
RFP No. 04 -08
become insolvent, has assigned or subcontracted any part of the work without the
consent of the City, or has otherwise defaulted in performance of the Contract, and
has not otherwise cured such default after a period of ten (10) days notice given by
the City to do so.
If the City terminates the Contract, the City will give notice to that effect to the Surety
and Surety shall, within five (5) business days after delivery of the notice, assume
control and perform the work as successor to the Contractor, and shall be paid by
the City for all work performed. .
If the Surety does not comply with such notice within said five (5) day period or, after
starting to comply, fails to continue, the City may exclude the Surety and the
Contractor from all City facilities and have the work completed by City employees, by
another Contractor, or by a combination of such methods. .
All costs incidental to the default of the Contractor shall be charged to the Contractor
and the Surety, and may be deducted from any monies due the Contractor. Surety
shall pay, within fifteen (15) calendar days after receipt of an invoice, all such
incidental costs less any amount deducted from monies due.
Contract Enforcement: The Contractor or its authorized representative shall meet
on the site at least once a month at the discretion and convenience of the City, with
the City's designated representative to address any problems or other issues.
The City reserves the right to perform inspections at any time for the purpose of
monitoring performance. The Contractor shall cooperate with the City, State, and
Federal representative(s) in the review and monitoring of Contractor's performance,
records and procedures.
At the request of the City, the Contractor, or its appropriate representative, shall
attend meetings and training sessions, as deemed necessary by the City, for the
purposes of orientation, information, amendments to the Contract and description of
City policies and procedures.
Subcontractor /Assignment of Contract: The contractor shall not subcontract any
portion of the contracts or any additions made to the contract without first receiving
approval from the City. All persons engaged in work shall be considered employees
of the contractor, with the supervisor being directly responsible for their work. The
contract may not be assigned to another owner or entity without City approval.
Page 6 of 8
City of El Segundo, Public Works Department Request for Proposal
Green Waste Hauling and Recycling Services
RFP No. 04 -08
Ill. EVALUATION CRITERIA
Proposals will be rated by City staff who will work to negotiate a contract with the
highest rated proposer and are subject to approval by City Council.
Proposals will be evaluated based on the following criteria:
1. Cost Control — Technical competence to perform the work specified. Factors
to be considered include, but are not limited to: experience, familiarity with
similar types of products, and cost per item provided.
2. Record of Past Performance — Past record of performance as determined
from all available information, including direct communication by City staff
with proposers and former clients. Factors to be considered include but are
not limited to: costs; work quality; cleanliness; reliability; equipment provided;
and adherence to schedules and timeline.
3. Approach to Work — Adequacy of proposed method to provide this service.
Factors to be considered include, but are not limited to: staffing; condition of
equipment; flexibility; and adherence to schedules and timeline.
IV. CONTRACT ADMINISTRATOR
The City shall designate contract administrator who shall all a t on behalf of the City
representative(s) as the
with respect to all aspects of the contracts. The General Services Manager can be
reached at (310) 524 -2709 or fax (310) 414 -0911. All correspondence can be sent
to the City of El Segundo, Public Works Department, General Services Division at
150 Illinois Street, El Segundo, CA 90245.
Page 7 of 8
City of El Segundo, Public Works Department Request for Proposal
Green Waste Hauling and Recycling Services RFP No. 04 -08
V. RFP PROPOSAL SHEET
I, the undersigned, have read and understand the attached specifications for Green
Waste Hauling and Recycling Services. If awarded the contract, I agree to perform the
work in accordance with the terms and conditions of the RFP.
Bid Amounts:
Service Description
Charges
Haul /Pull charge for (1) 40 -cubic yard roll -off bin per haul
(-)
Recycling charge per ton
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5
If the City chooses to haul materials to the firm's facility, what
would be the price per ton?
Would weight tickets be provided?
Bid submitted by (complete all blanks):
Company Name:
By (Print name & title):
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Company Street Address:
Signa e:
Cit , State, Zip:
Date:
Phone:
FAX:
Web
Web site:
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Email:
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Terms:
% h _days, net 3 C days
Deli Xery:
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days ARO
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