HomeMy WebLinkAbout25Q - AGMT - DEMO DEBRIS SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
TITLE:
APPROVE A TWO-YEAR EXTENSION OF THE
CONSTRUCTION AND DEMOLITION DEBRIS
SERVICES AGREEMENTS
{STRATEGIC PLAN NO. 4, 1}
r
1
CIT ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute the proposed Extension of
the Agreement for Collection and Handling of Construction and Demolition Debris with Waste
Management Collection and Recycling, Inc. (dba Waste Management of Orange County,
extending the expiration date to June 30, 2020, at the current terms, with provision for a one-
year renewal exercisable by the City Manager and the City Attorney, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute the proposed Extension of
the Agreement for Collection and Handling of Construction and Demolition Debris with Ware
Disposal, extending the expiration date to June 30, 2020, at the current terms, with provision
for a one-year renewal exercisable by the City Manager and the City Attorney, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and the Clerk of the Council to execute the proposed Extension of
the Madison Materials and City of Santa Ana Host Fee Agreement, extending the expiration
date to June 30, 2020, at the current terms, with provision for a one-year renewal exercisable
by the City Manager and the City Attorney, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
In Santa Ana, construction and demolition (C&D) debris hauling services are contracted
separately from solid waste services. The two authorized haulers are Waste Management of
Orange County and Ware Disposal. In addition, for maximum recycling diversion, all processing
of C&D debris is contracted to be directed to Madison Materials through a Host Fee agreement.
These agreements, established October 3, 2005, and extended to June 30, 2018, are co -
terminus with the Solid Waste Services agreement.
25Q-1
Approve Two-year Construction and Demolition,
and Host Fee Agreement Extensions
December 19, 2017
Page 2
On December 5, 2017, City Council approved an extension of the Solid Waste Services
Agreement with Waste Management of Orange County. The agreement extension will achieve
the objective of continued service until a new solid waste services Request for Proposals process
can be completed which will determine ongoing C&D services contractors. As such, staff
recommends continuing the co -terminus status by extending the C&D and Host Fee agreements
through June 30, 2020, effective upon the full execution of the Solid Waste Services extension
agreement.
STRATEGIC PLAN ALIGNMENT
Approval of these items support the City's efforts to meet Goal #4 — City Financial Stability,
Objective #1 (maintain a stable, efficient and transparent financial environment).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. However, increased recycling
activity will divert materials from the landfill, thus extending the life of the landfill system and
recovering valuable recyclable resources.
FISCAL IMPACT
The C&D Collection and Handling and the Host Fee extension agreements maintain customer
service rates without increases, other than the standard, annual rate adjustment as detailed in
the current agreements. Revenues from the C&D Collection and Handling agreements are
deposited into the Refuse Collection Enterprise Maintenance Revenue Account No. 06917002-
53718. Host Fee agreement revenues are deposited into the Residential Street Improvement
Revenue Account No. 05817002-53730. Based on revenues to date for Fiscal Year 2017-18,
annual revenues to be received during the two-year extension period are projected as follows:
AGREEMENT
FY 2018-19
FY 2019-20
C&D Collection and Handling
$104,000
$104,000
Waste Management
C&D Collection and Handling
$27,000
$27,000
Ware Disposal
Host Fee
$19,000
$19,000
Madison Materials
TOTAL PROJECTED REVENUE:
$150,000
$150,000
25Q-2
Approve Two-year Construction and Demolition,
and Host Fee Agreement Extensions
December 19, 2017
Page 3
L
Irfeou av pour
Executive Director
Public Works Agency
FM/MLM/CK
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez f
Executive Director
Finance & Management Services Agency j ( ( 6 q )
Exhibits: 1. Extension of C&D Agreement — Waste Management of Orange County
2. Extension of C&D Agreement — Ware Disposal
3. Extension of Host Fee Agreement — Madison Materials
25Q-3
25Q-4
EXTENSION OF AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION DEBRIS GENERATED, PRODUCED,
AND/OR ACCUMULATED AT TEMPORARY CONSTRUCTION SITES
IN THE CITY OF SANTA ANA
This EXTENSION OF AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION DEBRIS GENERATED, PRODUCED, AND/OR
ACCUMULATED AT TEMPORARY CONSTRUCTION SITES IN THE CITY OF SANTA
ANA ("Extension") is made and entered into this 19th day of December, 2017 by and between the
City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City") and Waste Mariagemeiit"Collection and
Recycling, Inc., a California corporation dba Waste Management of Orange County
("Contractor").
RECITALS
A. City and Contractor, under the legal name "USA Waste of California, Inc.", entered
into Agreement No. A-2005-259, dated October 3, 2005, by which City granted to Contractor a
non-exclusive right to collect, recycle, divert, and transport to appropriate facilities any
construction and demolition debris generated, produced, and/or accumulated at temporary
construction sites in the City ("Agreement").
B. The original term of the Agreement continued through June 30, 2008, subject to
extension.
C. On April 3, 2006, the Agreement was amended to extend the term through June 30,
2018 by the document entitled "First Amended and Restated Agreement for Collection and
Handling of'Construction and Demolition Debris Generated, Produced, and/or Accumulated at
Temporary Construction Sites in the City of Santa Ana", Agreement No. A-2006-076. The rate
structure was amended as well.
D. The parties now wish to further extend the Agreement through June 30, 2020,
subject to a one-year extension, and clarify Contractor's legal name, which has changed since the
time of the original Agreement.
The Parties therefore agree:
1. The term of the Agreement shall be extended through Julie 30,20N. The term may
be further extended for one year -upon mutual agreement by the parties.
2. All references to "Contractor" in the Agreement shall mean "Waste Management
Collection and Recycling, Inc., a California corporation dba Waste Management of Orange
County."
3. This Extension shall take effect only upon full execution, by the parties thereto, of
the "Extension of Fourth Amended and Restated Agreement for Collection and Handling of Solid
Waste Generated and/or Accumulated in the City of Santa Ana", by and between City and
Contractor and dated December 5, 2017.
Exhibit 1
1 -
25Q-5
4. Except as extended and modified by this Extension, and Agreement No. 2006-076,
all terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date and year
first written above.
ATTEST
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By:
J N M. FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR, Executive
Public Works Agency
25Q-6
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
Name:
Title:
EXTENSION OF AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION DEBRIS GENERATED, PRODUCED,
AND/OR ACCUMULATED AT TEMPORARY CONSTRUCTION SITES
IN THE CITY OF SANTA ANA
This EXTENSION OF AGREEMENT FOR COLLECTION AND HANDLING OF
CONSTRUCTION AND DEMOLITION DEBRIS GENERATED, PRODUCED, AND/OR
ACCUMULATED AT TEMPORARY CONSTRUCTION SITES IN THE CITY OF SANTA
ANA ("Extension") is made and entered into this 19th day of December, 2017 by and between the
City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City") and Ware Disposal;_Inc. ("Contractor").
RECITALS
A. City and Contractor entered into Agreement No. A-2005-242, dated October 3,
2005, by which City granted to Contractor a non-exclusive right to collect, recycle, divert, and
transport to appropriate facilities any construction and demolition debris generated, produced,
and/or accumulated at temporary construction sites in the City ("Agreement").
B. The original term of the Agreement continued through June 30, 2008, subject to
extension.
C. On April 3, 2006, the Agreement was amended to extend the term through June 30,
2018 by the document entitled "First Amended and Restated Agreement for Collection and
Handling of Construction and Demolition Debris Generated, Produced, and/or Accumulated at
Temporary Construction Sites in the City of Santa Ana", Agreement No. A-2006-077. The rate
structure.was amended as well.
D. The parties now wish to further extend the Agreement through June 30, 2020,
subject to a one-year extension.
The Parties therefore agree:
1. The term of the Agreement shall be extended through June 30, 2020. The term may
be further extended for one year upon mutual agreement by the parties.
2. This Extension shall take effect only upon full execution, by the parties thereto, of
the "Extension of Fourth Amended and Restated Agreement for Collection and Handling of Solid
Waste Generated and/or Accumulated in the City of Santa Ana", by and between City and Waste
Management Collection and Recycling, Inc. and dated December 5, 2017.
3. Except as extended and modified by this Extension, and Agreement No. 2006-077,
all terms and conditions of the Agreement shall remain in full force and effect.
[signatures on following page]
Exhibit 2
1
25Q-7
IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date and year
first written above.
ATTEST
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By: w 1i'— G
JQYN M. FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
CONTRACTOR
Name:
Title:
FRED MOUSAVIPOUR, Executive Director
Public Works Agency
2
25Q-8
OF HOST FEE AGREEMENT BETWEEN
MADISON MATERIALS AND THE CITY OF SANTA ANA
This EXTENSION OF HOST FEE AGREEMENT ("Extension") is made and entered into
this 19th day of December, 2017 by and between-Madisoii.Materials-("Contractor") and the City
of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. City and Contractor entered into Agreement No. A-2005-243, dated October 3,
2005, by which City agreed to direct construction and demolition debris and incidental waste
generated at temporary construction sites in the City to Contractor's facility in exchange for a ` host
fee" as further described therein ("Agreement").
B. The original term of the Agreement continued through June 30, 2008, subject to
extension.
C. On April 3, 2006, the Agreement was amended to extend the term through June 30,
2018 by the document entitled "First Amended and Restated Agreement for Madison Materials
and City of Santa Ana Host Fee Agreement", Agreement No. A-2006-078. The rate structure was
amended as well.
D. The parties now wish to further extend the Agreement through June 30, 2020,
subject to a one-year extension.
The Parties therefore agree:
1. The term of the Agreement shall be extended through June 30,202.0_ . The term may
be further extended for one year upon mutual agreement by the parties: - -
2. This Extension shall take effect only upon full execution, by the parties thereto, of
the "Extension of Fourth Amended and Restated Agreement for Collection and Handling of Solid
Waste Generated and/or Accumulated in the City of Santa Ana", by and between City and Waste
Management Collection and Recycling, Inc. and dated December 5, 2017.
3. Except as extended and modified by this Extension, and Agreement No. 2006-078,
all terns and conditions of the Agreement shall remain in full force and effect.
[signatures on following page]
Exhibit 3
1
25Q-9
IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date and year
first written above.
ATTEST
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By: ✓ .-& L
JCWN M. FUNK
Assistant City Attorney
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
CONTRACTOR
Name:
Title:
RECOMMENDED FOR APPROVAL
FRED MOUSAVIPOUR, Executive Director
Public Works Agency
25Q-10