Loading...
HomeMy WebLinkAboutMINUTES - 07111989 - 2.3 TO: Board of Supervisors FROM: Phil Batchelor, County Administrator , Harvey Bragdon, Director of Community Development DATE: July 6, 1989 (�STq COlJN� SUBJECT: Franchises for Solid Waste Facilities Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION Authorize and direct the Community Development Department to circulate and process the Request for Initial Proposals for Franchise Agreements to Provide for the Operation of Solid Waste Facilities(Landfill Disposal Sites and Transfer Stations). FINANCIAL IMPACT None at this time. The Board will review and approve any franchises granted as aresult of this RFP. Financial impact will be determined at that time. BACKGROUND/REASONS FOR RECOMMENDATION At its June 27, 1989 meeting, the Board requested the County Administrator to report on the franchising process for transfer stations and landfill disposal sites at the July 11, 1989 meeting. County Ordinance No. 88-81 requires a franchise for any new solid waste disposal facility or transfer station in the County. The franchise is in addition to any necessary General Plan amendments,related zoning entitlements or other approvals from the County. The attached request for proposal(RFP)sets the framework for the submittal and review of initial (conceptual) proposals for the franchise agreements. The attached RFP provides for the development of franchise agreements concurrent with the review process for the CoSWMP,General Plan amendments and landfill site approvals. The County has met every deadline in the review process timetable, and staff believes that it would be advisable to begin the franchising process now and avoid the possibility of future delays. Landfills and transfer stations in the County cannot begin operation prior to granting of a franchise. The RFP allows for proposals for transfer stations and/or landfill disposal sites singly or in combination. Similarly, interested parties may submit joint franchise proposals. n�� Continued on attachment: YES Signature: � ' Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature(s): Action of Board on: July 11, 1989 Approved as Recommended x Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN x Unanimous (Absent 1I1 ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested i/ IVF9 cc: County Administrator Ph Bat elor, Clerk of the Board Community Development of Supervisors and County Administrator County Counsel By 6-.a���/ , Deputy Clerk SMH:a(eh)(frmchbo) Franchises for Solid Waste Facilities July 11, 1989 Page -2- The RFP calls for proposals which are consistent with the pending proposed 1989 CoSWMP revision. This is necessary to maintain progress on the timetable. If the Board wishes to entertain proposals that are not consistent with the proposed CoSWMP,the submittal date for proposals should be after completion of the CoSWMP approval process, probably January, 1990 (after approval of the CoSWMP by the California Waste Management Board). The RFP calls for submittal of proposals by September 15, 1989. Following evaluation,proposals will be selected for consideration and negotiation for franchise agreements. REQUEST FOR INITIAL PROPOSALS FOR FRANCHISE AGREEMENTS TO PROVIDE FOR THE OPERATION OF SOLID WASTE FACILITIES (LANDFILL DISPOSAL SITES AND TRANSFER STATIONS) WITHIN CONTRA COSTA COUNTY, CALIFORNIA CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT JULY 71 1989 TABLE OF CONTENTS Paue GENERAL INFORMATION 1 Introduction 1 Background 1 Criteria For Franchise Solid Waste Facilities 1 CoSWMP Copies 2 Combinations Of Facilities And Proposers 2 Management and Financial Capacities 3 General Provisions 3 QUALIFICATIONS PROCESS 4 Submittal Requirements 4 Pre-submittal Conference 4 Inquiries 5 Selections Process and Schedule 5 EVALUATION CRITERIA 5 Project Approach 5 Solid Waste Facility Operating Experience 5 Financial Stability 6 PROPOSAL QUESTIONNAIRE 6 Section A - General Information 6 Section B - Proposed Facilities 7 Section C - Solid Waste Facility Development and Operation Experience 9 Section D - Financial Capability 10 a. Transfer station locations . Transfer stations declared to be consistent with the pending 1989 CoSWMP revision are: ( 1 ) West County, a full-scale transfer station. ( 2 ) East County, a full-scale or mini-transfer station. (The Community Development Department advises that an East County mini station -- for self haulers -- may be workable for the East Contra Costa Sanitary Landfill but that the other landfill projects would require a full-scale station in that area. ) ( 3) Central and South County, the ACME fill transfer station. In the Central County, another full-scale transfer station would be consistent if the ACME transfer station is not approved and constructed. ( 4 ) South County, a full-scale or mini-transfer station. b. Future landfill sites . New landfill sites consistent with the proposed 1989 CoSWMP revision are: ( 1) Keller-Bailey (Keller Canyon) ( 2) Bay Pointe (3 ) East Contra Costa Sanitary Landfill (Garavanta) (4 ) Marsh Canyon (5) Kirker Pass Cosw" Copies Copies of the pending 1989 CoSWMP revision may be reviewed or purchased at the County's Community Development Department, 651 Pine Street, North Wing - 4th Floor, Martinez, California. Combinations Of Facilities And Proposers Interested parties are encouraged to join (partnerships, joint ventures, etc. ) in submitting franchise proposals . Proposals may combine a disposal site(s) with a transfer station(s) or be for individual facilities . -2- Manayement And Financial Capacities Selected proposers will (after successful negotiations ) enter into long-term franchise agreements with Contra Costa County to provide solid waste handling facilities and services . All franchised facilities shall be provided, operated and maintained by franchise holder(s ) but all reasonable costs therefor may be recovered by appropriate regulated tipping fees and resource recovery revenues . The proposer's strategy to finance proposed franchise facilities and services, financial capabilities to do so, and other required information shall be demonstrated through its responses to the Proposal Questionnaire which follows . General Provisions Expenses of Proposal Preparation. Each proposal prepared in response to this RFP shall be prepared at the sole cost and expense of the proposer and shall be prepared by the proposer with the express understanding that there maybe no claims whatsoever for reimbursement from the County for the cost and the expense of its preparation. Confidential Information. Proposal submitted in response to this RFP may contain technical or other data whose public, disclosure would cause substantial injury to the proposer' s competitive position or constitute a trade secret. To protect his data from disclosure, the proposer should specifically identify the pages of the proposal that contain such information by properly marking the applicable pages and inserting the following notice in the front of its proposal: NOTICE The data on pages of this proposal, identified by an asterisk ( * ) or marked along the margin with a vertical line, contain information that is a trade secret and/or whose disclosure would cause substantial injury to the proposer's competitive position. The proposer requests that such data be used only for the evaluation of the proposal, but understands that disclosure will be made to the extent that the County determines is proper and required by law, irrespective of whether a contract is awarded to the proposer. The County will endeavor to keep such identified information confidential unless County, at its sole discretion, determines that disclosure is required by law or is in the best interest of the public. In the event of -3- such disclosure, proposer agrees it will not be entitled to damages or any other relief against the County. If proposer initiates legal action (or defense against such) to prevent non-County consented to disclosure, it agrees to bear all costs of such litigation and to hold the County free of such costs . Other Entitlements . By accepting a proposal for further consideration or finally approving a franchise for it, County does not intend to indicate any predisposition to otherwise (when appropriate) approve other related entitlements (e.g. , general plan, amendment, zoning, use permit, etc. ) Other such related entitlements will be finally decided based upon their applications and evidence and public input received and considered at the time they are heard and considered. QUALIFICATION PROCESS Submittal Requirements Parties interested in submitting a proposal for a franchise for landfill disposal site(s ) and/or transfer station(s ) in Contra Costa County shall submit their proposals in accordance with this RFP to be received no later than 5 :00 p.m. , September 15, 1989 . Submittals should be forwarded to: Mr. Phil Batchelor County Administrator Contra Costa County 651 Pine Street Martinez, CA 94553 Ten ( 10) copies of the proposal document in sealed envelopes, including the completed Proposal Questionnaire, shall be submitted. Proposal documents received after the specified submittal deadline may be rejected and returned. Postmark time and date will not be usable as evidence for submittal deliver time. The County will not be liable or responsible for any late submittal for any reason. In addition, the County will not be responsible for costs incurred in the preparation of qualification statements and proposals . Pre-Submittal Conference A pre-submittal conference will be held at the County Administration Building, 651 Pine Street, Martinez, on the first -4- Floor at 10 :00 a.m. on July 27,1989 . County staff will review the RFP and answer questions . Inquires All questions are to be directed to David Okita, phone (415 ) 646-2071 . Written inquires must be received by August 11, 1989 at 5:00 p.m. Written inquires must be addressed to: Harvey E. Bragdon, Director of Community Development Department Attn: David Okita Contra Costa County 651 Pine Street, North Wing - 4th Floor Martinez, CA 94553-0095 Selection Process And Schedule After the proposals have been initially reviewed by County staff and the Board of Supervisors, a further consideration process will be developed. All those who submitted proposals will be notified of Board of Supervisors' directions and actions . EVALUATION CRITERIA The following three categories shall be substantial elements of consideration in the evaluation of submitted proposal documents . Prosect Approach Submitting parties will be evaluated on the feasibility of their proposed approach to the acquisition, permitting,financing, design, construction, operation, maintenance of proposed franchise solid waste handling facilities . The proposer's team, subcontractors, and/or associates - as well as the management plan for implementation, control, and interaction with the County - will be considerations, i.e. , demonstrate approach for expedient, cost-effective, and reliable facility implementation. The proposer' s preference and limitations relative to acquisition, permitting , construction, operation, performance guarantees, and financing options will also be elements in the evaluation. In addition, the proponent' s proposed business relationship with the County will be a factor (e.g. , franchise fees; interagency agreements, etc. ) . Solid Waste Facility Operating Experience Proposers will be evaluated on their demonstrated ability to finance, design, construct, operate, and maintain successful solid waste management facilities . Overall management and -5- technical expertise as reflected by experience of the organization in the operation of such facilities and management of related environmental requirements will be important elements in the evaluation process . Financial Stability Proposers will be evaluated concerning the following financial circumstances: 1 . Overall financial condition, including ratings of corporate stock or debt issues of the company by Standard and Poor's or Moody's Investors Service. 2 . Long-term record of the firm/agency. 3 . Financial capacity to meet contractual commitments, including ability to absorb possible overruns or losses . 4 . Ability to secure insurance, guarantees, or bonds of required size for this project. 5 . Financial ability to take on a project of this size based upon past and current commitments . a. Ability and willingness to enter all necessary commitments to assure involved facility financing, including operation over the proposed term of the debt. b. If the proposal is to be a joint venture or partnership, the nature of the agreement between parties with emphasis on how financial obligations will be assigned. PROPOSAL QUESTIONNAIRE In proposals, answer the following questions or requests by stating each first and its answer or response immediately following it. Section A - General Information 1 . Provide the name, address, and telephone number of the proposer and the key contact person(s) : -6- Proposer: Address : Telephone No. : Contact Person: Telephone No. : Date Submitted: 2 . Describe the type of organization (i .e. , public agency, corporation, partnership, joint-venture, individual, etc. ) . Provide the ownership and organizational background of the proposer. 3 . List the officer or officers who will be responsible for negotiations and duly authorized for signing franchise agreement(s ) relating to proposed solid waste handling facilities (landfill site(s) and/or transfer station(s ) ) . 4 . If the proposer responding is a partially or fully- owned subsidiary of another entity, indicate the company' s participation in the respondent' s activities, and identify the levels of corporate management that will be needed to approve contracts relating to this project. 5 . Provide a project organization chart identifying the personnel who will be assigned to the acquisition, permitting design, construction, operation, and submittal of application to governmental authorities for proposed solid waste handling facilities . Any specific functions to be accomplished by outside contractors or consultants shall be identified. Section B - Proposed Facilities 6 . Identify the landfill(s) and/or transfer station(s) facilities consistent with the CoSWMP revision proposed for a franchise agreement(s ) including the following: a. Location. For transfer stations other than the ACME Transfer Station site, do not identify a specific site. Indicate only whether the location is west, east or south county. b. Expected Capacity (Size) . For example, tons per day processed or transferred. -7- C. Solid Waste Characteristic (residential, commercial, industrial) . d. Proposed wasteshed (area of service) . e. Facilities financing arrangements and projected capital cost. f . Development schedule for proposed facilities . ( 1 ) Entitlement (e.g. , general plan, zoning, use permit, etc. ) applications filed? If not, when? ( 2) Estimated entitlement environmental impact report(s) completion date(s)-. - ( 3) Milestones and anticipated schedule of final approval dates for any said required entitlements for proposed facilities . 7 . Outline how (or the manner in which) proposed landfill and/or transfer station facilities will fully comply (and be in conformance) with the 1989 CoSWMP revision including the following: a. Rate Control . Your agreement to appropriate franchise agreement provisions requiring rate (tipping fee) review and control by the County to ensure reasonable consumer fees and public protection. b. Community Host Mitigation. Provision for and collection of community host mitigation funds as desired by cities . C. Environmental Protection and Closure Costs . Provisions for continuously collecting and funding specified and required environmental protection programs and expected closure costs and the placing of any such funds in a restrict trust not controlled by proposer. d. Recycling/resource recovery. B . Indicate familiarity with the County's land use permit "Model Conditions of Approval" and conditions of approval for the ACME Transfer Station and acceptance of them for any proposed facility (copies may be obtained from the County's Community Development -8- Department) . If any provision of either of these documents presents a difficulty, please note and explain. 9 . Indicate whether an annual franchise fee (not exceeding) 2% of proposer's gross annual receipts resulting from franchised operations is offered to be paid for the involved franchise. 10. If an extension period (e.g. , 5-10-15 years ) is proposed beyond an initial 20 year franchise term, the proposal should indicate the circumstances supporting the proposed extended term and what additional public benefits (e.g. , shared equity, ownership, etc . ) will be provided in the public interest to justify the extended term. Section C - Solid Waste Facility Development And Operation Experience 11 . Provide solid waste facility experience similar to your proposal indicating the number of years of experience and the degree of involvement on each solid waste facility project relative to the following categories . a. Acquisition b. Permitting c. Design d. Construction e. Operation f . Other activities 12 . Information provided should state the proposer' s role on each discussed project (i .e. , designer, contractor, subcontractor, etc. ) . Identify those presently under development as well as those already accepted and operating. Each program or facility description should include: a. Location b. Owner C. Size (i .e. , tons per day processed and total site capacity) -9- d. Solid waste characteristic (residential, commercial, industrial) e. Integrated resource recovery (i .e. , description of process, technology, resource recovered, etc. ) f . Capital costs g. Development schedule h. Project financing arrangements i. Annual solid waste through put and disposal (indicate seasonal fluctuations) j . References k. Information regarding solid waste franchise contracts negotiated by the firm. 13 . List experience in obtaining necessary permits, licenses, franchises and other regulatory approvals for location, construction, and operation of comparable facilities . Section D - Financial Capability The following information or equivalent shall be provide to demonstrate the proposer' s capability to perform its financial obligations and performance guarantees . Any affiliation which may have a bearing on the ultimate financing of proposed franchise facilities should be identified and duplicate information provided: 14 . A copy of the firm' s Form 1OKs filed with the US Securities and Exchange Commission (SEC) over the past five years and all 1OQs since the last 10K. 15. Firms or organizations not filing a Form 10K with the SEC should submit the following information: (a) Audited financial statements for the past five fiscal years to include, at a minimum, income statement , balance sheet, and statement of changes in financial position. (If less than five years available, please provide to fullest extent possible. ) (b) Copies of quarterly financial reports issued subsequent to the last annual report. -10- _ (c) A copy of the latest Annual Report, if any. (d) Any material changes in the mode of conducting business, bankruptcy proceedings, and mergers or acquisitions within the past five years. (e) A list of the executive officers or directors, positions held, and terms of office. 16 . A description of all present obligations and their bearing upon the proposer's financial ability to meet the performance requirements to provide the proposal's solid waste handling facilities . 17 . A detailed description of the business structure and funding scheme(s) contemplated to accomplish the provision of the proposal's contemplated facilities and their continued operations . 18 . Indicate your organization's ability to participate in the ownership and financing of your proposed franchise solid waste facilities . The ability to provide construction and performance guarantees should be indicated. The proposed degree of involvement should be identified. 19 . Describe the business relationships and contractual arrangements entered or expected to be entered to provide sufficient waste stream control to make your franchise proposal facilities financially viable. 20 . Indicate your approach to taking advantage of various tax or financing benefits available to you to provide your proposed facilities . 21 . Describe your firm's, agency's, and/or affiliation's direct involvement with the financing of solid waste management facilities . Indicate the type of financial agreements reached, interest rates used, and other applicable details . VJW:da:df daMUIP -11- GENERAL INFORMATION Introduction This Request for Proposals (RFPs) is being issued by Contra Costa County as the first step in a selection process to provide solid waste facilities (landfill disposal sites and transfer stations) by entering into franchise agreements with franchisees to furnish such facilities to serve the Contra Costa County area for minimum terms of 20 years . The County will evaluate the proposals received from proposers ( joint ventures, partnerships, corporations, individuals, entities, etc. ) and select proposals for more detailed consideration. Background Contra Costa County is required to proceed in a timely manner with the adoption of an adequate County Solid Waste Management Plan revision and to provide for the solid waste handling facilities identified therein. In October of 1988 the County adopted Ordinance No. 88-81 which requires the obtaining of a franchise agreement from it before any new solid waste disposal facility or transfer station can be established. At this time, the County proposes to adopt appropriate general plan amendment(s) and approve project entitlement(s) for one or more sanitary landfills and transfer stations at the end of this year, early in 1990 and thereafter. With the approval of the general plan and related zoning entitlements (LUPs, etc. ) , the involved landfill disposal site(s) and transfer station(s) may not be placed into operation until franchise agreement(s) have been negotiated and approved by the County pursuant to Ordinance No. 88-81 . So that any subsequently approved solid waste facility may be placed into operation without unreasonable delay, the Board of Supervisors has determined that the public health, safety and well-being requires the solicitation of initial (conceptual) proposals from interested parties ( "proposers" ) to enter negotiations for franchise agreements to provide for and allow the operation of solid waste handling facilities as contemplated in the pending proposed 1989 County Solid Waste Management Plan ( "CoSWMP" ) revision. Criteria For Franchise Solid Waste Facilities The County is only soliciting and will receive franchising proposals for solid waste handling facilities that conform to (and are consistent with) the pending proposed 1989 CoSWMP revision. Proposals not conforming will be rejected and may be returned to the proposer(s) . Solid waste handling facilities provided for in the pending 1989 CoSWMP revision are as follows: -1-