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HomeMy WebLinkAboutMichael Balliet Consulting Proposal - City of Diamond Bar RFP 2022-001 1 City of Diamond Bar RFP 2022-001 PROPOSAL TO PROVIDE SOLID WASTE CONSULTING SERVICES Prepared by Michael Balliet Consulting, LLC 30181 Outpost Road San Juan Capistrano, CA 92675 May 2, 2022 Prepared for City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 2 City of Diamond Bar RFP 2022-001 A –Firm Background Michael Balliet Consulting, LLC (MBC) was established in 1999. We operated as a sole proprietorship until 2009 when we became a California Limited Liability Corporation. Prior to 1999 (1991-1998) Michael Balliet, was a founding partner in a large consulting practice (Americlean Environmental Services Inc.) that worked with 53 California municipalities and county governments in all aspects of solid and hazardous waste management. Our project work for the past 30 years has typically included the management of franchised haulers (RFPs, agreement development, rate negotiations, audits, compliance and cost reviews, etc.), State compliance plan development and implementation, and the monitoring and reporting of developed programs. MBC operates from 30181 Outpost Road in San Juan Capistrano. Our firm is rather unique in that we purposely limit the number of clients and do not actively market our services. We believe our long-term client relationships, including our work with the City of Diamond Bar since 2015, attests to the value this approach provides. Given Michael Balliet’s long-time experience working with the City of Diamond Bar, extensive experience with waste hauler RFPs, SB 1383 code and agreement revisions, and franchise hauler negotiations, he will be the project manager. He is also the owner and managing member of MBC and can be reached at 949-378-2205. In March of 2021 we added Mike Byrne to our consulting practice. Mr. Byrne has extensive experience in municipal government and the solid waste field, gained over his nearly 30 years with the City of Irvine. He spent 26 of those years as lead analyst overseeing franchise hauler agreements, planning and implementation of the city’s solid waste and recycling service delivery and compliance programs, managing program budgets, and pursuing numerous local and state grant funding opportunities to support the program. Mr. Byrne has assisted in negotiations of city solid waste franchise agreements, interacted with key stakeholders including elected officials, executive management and the public, continually interacted with developers and property managers, and oversaw the work of several consultants to ensure the city’s constant compliance with California state recycling mandates. Mike Byrne is also a member of MBC and will be the other consultant working on this project for the City of Diamond Bar. Mr. Byrne can be reached at 949-275-5452. Both Mr. Balliet and Mr. Byrne work from the Outpost Road office, are principals of the LLC, and will be available to City of Diamond Bar on their personal phones 24/7. B – Relevant Project Experience Since 1991 Mr. Balliet, and subsequently MBC, has helped develop and manage franchise hauling systems. This work routinely includes the development of franchise agreements, revisions to agreements to address changing state-mandates, rate analysis and negotiation, drafting city code revisions, and making presentations to City Councils. 3 City of Diamond Bar RFP 2022-001 We have assisted 100+ jurisdictions effective deal with solid waste haulers in both California and in the states of Nevada, Texas, Georgia and Florida. Our current and most recent clients (2021 to present) are listed below. Nearly all have had MBC help them prepare SB 1383 compliance plans, draft revisions to their municipal codes, and negotiate services and corresponding rates with franchise haulers. City of Irvine City of Costa Mesa City of Cypress City of Diamond Bar City of Indian Wells City of Claremont City of Reedley City of Los Alamitos City of Fountain Valley City of Newport Beach (franchise hauler audits only) City of Laguna Woods City of Villa Park City of Hawaiian Gardens Costa Mesa Sanitary District A recognized expert in the solid waste industry, Mr. Balliet has assisted dozens of cities negotiate new agreements with their franchise haulers or helped them successfully transition through a request for proposals (RFP) process to a new service provider. Often these RFPs have helped jurisdictions achieve the lowest rates for service in their respective county’s (most recently in Los Alamitos in 2021). In addition, Mr. Byrne helped the City of Irvine negotiate a most-favored-nation rate clause, that has guaranteed them the lowest residential rate in Orange County for over a decade. Hauler-franchise focused work has recently been performed in Costa Mesa, Reedley, Los Alamitos, Fountain Valley, Villa Park, Hawaiian Gardens and for the Costa Mesa Sanitary District. We will highlight three projects completed in the last 12 months herein. We have served as a consultant to the City of Costa Mesa since 1992, developing and implementing all compliance programs and managing a non-exclusive hauling system. We developed the first permit structure for solid waste hauling to provide needed City funds for new State-mandated programs (in 1992), then transitioned this permit system into an informal non-exclusive franchise to create needed franchise fee revenues (in 2005), prior to the 2020/2021 work highlighted herein. City of Costa Mesa We worked with City staff to identify SB 1383 enforceable mechanisms and related hauler program requirements, drafted required code revisions to incorporate SB 1383 regulations and worked with the City attorney to finalize a new and more formal franchise agreement 4 City of Diamond Bar RFP 2022-001 document. This process included working with seven (7) existing service providers to develop, negotiate, and incorporate terms prior to final agreement execution in January 2022. This new agreement added an annual compliance fee of $120,000 per-year and is projected to expand annual franchise fee revenues of $2.3 million by at least 20%. Through this process we performed study sessions, made presentations, and have developed and implemented all new SB 1383 compliant education, monitoring, and reporting programs. City Contact Raja Sethuraman, Public Services Director RAJA.SETHURAMAN@costamesaca.gov or 714-754-5343 Salem Afeworki, Energy & Sustainability Services Manager SALEM.AFEWORKI@costamesaca.gov or 714-949-5247 (cell) or 714-754-5208 City of Los Alamitos We worked with City staff to identify all required and/or desired services to be incorporated into a new waste hauling franchise agreement, prior to the expiration of their existing 10- year agreement in December 2021. We then prepared and finalized an RPF document, to incorporate all new service and fee requirements (programs to meet SB 1383 regulations, non-SB 1383 related services requested, an annual fee to cover projected monitoring/enforcement costs, street sweeping payments, financial support for events, etc.). We developed a draft franchise agreement for inclusion in the RFP package. Simultaneously we incorporated SB 1383 regulatory compliance language into a draft city code revision and worked with City staff and the City attorney to finalize and adopt in October 2021. Simultaneously we oversaw an RFP process that had nine (9) respondents and seven (7) bidders. Made presentations to City Council and successfully concluded the RFP process and negotiations, achieving all City-desired programs and funding levels, while garnering the lowest rates for service in Orange County. City Contact Ron Noda (Deputy City Manager) RNoda@cityoflosalamitos.org or 562-357-3520 Michelle Muller, Development Services mmuller@cityoflosalamitos.org or 562-357-4514 City of Reedley We helped this Central California city successfully transition from City-provided solid waste services, to a private hauler operating under an exclusive franchise agreement. This is potentially the most difficult RFP process to conduct and a seamless transition was achieved. We developed a comprehensive RFP document that incorporated not only all SB 1383 requirements, but also complete and all new service offerings, the transition and employment of displaced city workers, and the procurement of City-owned equipment. We assisted the City with public meetings, including ones where challenges by local union officials and their hired consultants were addressed and effectively resolved. Ultimately a smooth transition to an exclusive franchise by a private hauler was achieved, providing both lower rates and fully compliant SB 1383 programs to all City residents and businesses. 5 City of Diamond Bar RFP 2022-001 City Contact Nicole Zieba, City Manager Nicole.zieba@reedley.ca.gov or 559-637-4200 ext 212 Russ Robertson, Public Works Director Russ.Robertson@reedley.ca.gov or 559-637-4200 ext 213 C – Project Understand and Approach Pursuant to the scope of services presented by the City in RFP 2022-001, we believe we are the most qualified resource and likely the most cost-effective. We have great familiarity with the City of Diamond Bar, both haulers identified in this RFP, and the challenges the City wishes to resolve through the requested scope of work. In general, this process should start with developing the specific compliance areas (referred to by the State as enforceable mechanisms) the City wishes the new exclusive franchise hauler to be responsible for. SB 1383 is very prescriptive in this regard and the City’s new franchise agreement should clearly lay out the activities and cost responsibilities the selected hauler is required to assume. We are very familiar with this activity and will guide City staff through the process of reviewing the various SB 1383 requirements, advantages and disadvantages of the hauler handling each, and them incorporating all selected “mechanisms” and related hauler activity into a draft agreement document. We will then work with City staff and the City attorney to create a final draft that will go out in the RFP package for the two haulers. Concurrently, input from various stakeholders should be captured and incorporated into required or desired services the bidders must address in their proposals. City residents and businesses, City departments, and elected officials should be educated and consulted on optional agreement items and/or service preferences that could be incorporated. While new compliance requirement must be addressed, this process will also identify desired new services and/or seek to rectify problems with current service provision, in order to develop a comprehensive RFP document (clarifying bidder requirements) and draft franchise agreement. We suggest dedicated workshops and study sessions as the most effective methodology. In addition, in order to have quantifiable data against which to measure hauler proposed services and rates, data on comparable jurisdictions must be gathered. An effective proposal review process must include comparisons to the services and costs similar jurisdictions have established as a reference point to the value being provided in RFP responses. Having established a number of compliance programs, including experience with virtually all compliance technologies being employed and the corresponding transportation and processing rates, we are very qualified to compile this comparison data. Clearly denoting programmatic differences and advantages contained within the services and rates of other jurisdictions provides more utility than a simple comparison of rate levels. 6 City of Diamond Bar RFP 2022-001 The above activities represent the “foundation work” phase of the RFP process. We develop a comprehensive list of the identified programs, services, and SB 1383 compliance measure to be established within an RFP document. This RFP document has attached a draft franchise agreement which also incorporates these programs, services, and compliance measures. In that way you can require the bidders to note any exceptions they take with the City’s desired agreement terms and have that be a review process component. This tends to minimize the exceptions haulers take with your agreement, as they know it may count against them in the review and proposal scoring process. To facilitate effective proposals, the RFP document will delineate all required services and provide current service data. This ensures the residential hauler is familiar with current commercial services and vice versa for the commercial hauler. In addition, the RFP document should offer areas where the respective haulers can present optional service proposals. These would not be in lieu of standard and required proposal items, but rather be bid alternates for the City to consider. In this way you ensure an apples-to-apples comparison, while allowing for innovation. We typically use a 90 to 120 day bid process (City preference) to ensure haulers are informed and have sufficient time to generate quality responses. An initial RFP meeting is held two- weeks after issuing the RFP document, in order to address initial questions in an in-person format. From that point forward additional questions are permissible over a two-week period and should be submitted via email. We then provide emailed responses to all parties up to day 30 of the bid process. From that point both haulers are instructed to prepare their proposals with no additional contact with the City. While we are certainly well qualified to review proposals and make a recommendation to the City, we suggest that prior to the release of the RFP document the City consider establishing a review committee. This can include elected officials, city commission members, city staff, industry experts, or residents and business owners nominated and selected by elected officials. All review committee types have been successfully used by MBC over the years. However, our suggested approach is a five (5) person panel with one City Council member, one appointed commissioner, and three City staff members. The next best alternative would be to add one additional consultant/industry expert to the review team of Mr. Balliet and Mr. Bryne, in order to provide a 3-person contracted review committee. We can submit three names to the City and will utilize the person you select or make the selection ourselves. This cost will be listed separately (just for the additional consultant), as Mr. Balliet and Mr. Byrne will provide their own reviews whether we are the review committee or advising the five (5) person panel. Whichever review approach is used, we must distill the RFP process and important proposal elements into a report that presents a clear recommendation to city staff, and ultimately the City Council for approval. 7 City of Diamond Bar RFP 2022-001 Contained herein are the distinct tasks we recommend and a further clarification of the work to be performed: Task 1 – Establish Desired Hauler Services Including SB 1383 Compliance Responsibilities We will work with city staff, the city attorney, and various stakeholder groups (as directed) to establish both the SB 1383 compliance programs, services and support desired for SB 1383 compliance, as well as general franchise service obligations (bulky item collections, HHW, etc.) the City requires the selected service provider to perform. As part of this task, we will perform a review of your current franchise agreement, develop and provide franchise agreement language to address desired SB 1383 compliance measures, and any new or revised programs the city would otherwise benefit from, in cooperation with city staff and the city attorney. We will attend all required meetings to discuss, review and finalize a draft document. Task 2 – Perform a Study of Comparable Jurisdictions To help measure the value received from the two bidders, we will research and compile a list of 5 to 10 comparable jurisdictions (similar residential and commercial sectors, similar collection conditions, etc). Once this list is approved by the city, we will establish key franchise agreement provisions, rates and types of services provided, fees and benefits provided to the client city, facilities used and per-ton costs, and other data sets that encapsulate those franchises. This data will subsequently be used to help establish the relative value presented within the hauler proposals received. Task 3 – Create the RFP Package Using data obtained in Tasks 1 and 2, compile all programs, services, fees and benefits, compliance support activities, general service obligations, and a detail of current services and tonnages collected into an RFP document the two firms are will use to guide their proposal preparation and submission process. Required proposal format, a standard price sheet, and any other specific items the city requests will also be included. We recommend the RFP package address a standard set of services each firm must bid upon, then allow bid-alternates, where each hauler can propose unique services. Our work to finalize the package also includes assistance to city staff/attorney to make any final revisions to the draft agreement, which will be included as a referenced attachment to the RFP. Finally, the RFP package should have a listing and description of the scoring criteria to be used in evaluating the proposals and a standard pricing sheet. We recommend the City also establish options for how it will proceed after the review process. Typically, this would include selecting one firm as the preferred option and negotiating final terms with them or having the city-option to negotiate with both firms simultaneously. Task 4 Conduct the RFP Process In this task we distribute the RFP package, then field and respond to bidder questions. We propose an initial in-person meeting with both bidders where we field and respond to questions. Ideally this meeting occurs after the bidders have had a week or two to perform an initial review. After the bidder meeting, we field individual questions (submitted via 8 City of Diamond Bar RFP 2022-001 email) and provide email responses that copy both bidders. This is important as we want to ensure both parties are treated identically, even with regards to the timeliness of information provided. Approximately 30 days after the RFP package is given to the bidders, we enter a phase where they have 30 to 60 additional days to prepare and finalize their responses. At the appointed date (60 or 90 days after RFP issuance, city choice) we receive and open the proposals with city staff. Typically, the RFP will require a separate sealed envelope containing pricing information, which would allow for review of the proposals with or without pricing information. As discussed, depending upon the city’s preference, we would then provide proposals and possibly pricing information over to the review committee (5- person city-appointed panel or we as the consulting firm would perform our review). If a city panel is selected, MBC will also perform reviews and develop a rate matrix, where we apply hauler-proposed pricing to a standardize service-level mix to approximate expected residential and commercial rate revenues for each bid. If MBC alone is tasked with review and recommendations, we would perform the review or potentially bring on a third individual (city-approved) in order to provide three proposal review scores for city consideration. Task 5 Final Review, Report, and Hauler Negotiations We present draft proposals reviews to city staff, discuss our findings and positions, receive input/edits on the presentation of information, and finalize or report on the RFP process and recommended next steps. If the conclusion of this report is that the proposal received from one of the bidders was clearly superior, and city staff agrees and directs, then we assist in preparing a report to this effect for City Council review and approval. If the report finds the proposals are comparable, and that further negotiations are suggested to finalize the city’s selection, then we will either prepare a report for City Council or proceed directly to hauler negotiations. We work with city staff to finalize the selection. We will attend and present at one or more City Council meetings, as required to address issues and secure formal selection of an exclusive franchise hauler. Our proposed task hours are sufficient to address delays related to a City Council determination that an extension to existing agreements are needed to address new franchise service roll-out delays. Task 6 Project Management We will provide monthly progress reports to accompany invoices for services rendered. We will also hold general progress meeting with city staff and communicate frequently through email, phone, and electronic meetings. 9 City of Diamond Bar RFP 2022-001 D – Reference Projects We have provided our three recent and specific reference projects in section B of this proposal. Contact information for current clients, where we are providing assistance with franchise haulers, are provided below: City of Diamond Bar – 2015 to Present Alfa Lopez, Sr. Management Analyst alopez@diamondbarca.gov or 909-839-7105 City of Fountain Valley – 2019 to Present Loriana Hornik, Environmental Services Administrator Loriana.Hornik@fountainvalley.org or 714-593-4441. Costa Mesa Sanitary District – 2013 to Present Nabila Guzman, Management Analyst I nguzman@cmsdca.gov or 949-645-8400 ext 230 City of Cypress – 2021 to Present Doug Dancs, Public Works Director DDancs@cypressca.org or 714-229-6740 Kirsten Graham, Management Analyst kgraham@cypressca.org or 714-229-6748 City of Irvine – 2014 to Present Ryan Tenney, Management Analyst RTenney@cityofirvine.org or 949-724-6379 Sona Coffee, Environmental Programs Administrator SCoffee@cityofirvine.org or 949-724-7562 City of Claremont – 2021 to Present Kristin Mikula, Community Services Manager kmikula@ci.claremont.ca.us or 909-399-5433 City of Villa Park – 2022 to Present Kim Chaudhry, Senior Management Analyst kchaudhry@villapark.org or 714-998-1500 Additional client references (50+) can be provided upon request. 10 City of Diamond Bar RFP 2022-001 E – Cost Proposal The following tasks are described in Section C. The respective hours required for task completion, as well as the total proposed project budget, is shown below. As discussed, Michael Balliet ($140 per-hour) and Mike Byrne ($105 per-hour) are the two individuals who will be performing work on this project. Both have 30 years of experience in hauler franchise negotiations. An additional industry expert may be brought in as a third reviewer (3 individuals presented for City selection), as an option. Task 1 – Establish Hauler Services/SB 1383 Compliance Responsibilities/Agreement Consultant Hours Rate Amount Michael Balliet 75.00 $140 $10,500.00 Mike Byrne 25.00 $105 $ 2,625.00 $13,125.00 Task 2 – Perform a Study of Comparable Jurisdictions Consultant Hours Rate Amount Michael Balliet 15.00 $140 $ 2,100.00 Mike Byrne 45.00 $105 $ 4,725.00 $ 6,825.00 Task 3 – Create the RFP Package Consultant Hours Rate Amount Michael Balliet 40.00 $140 $ 5,600.00 Mike Byrne 10.00 $105 $ 1,050.00 $ 6,650.00 Task 4 Conduct the RFP Process Consultant Hours Rate Amount Michael Balliet 50.00 $140 $ 7,000.00 Mike Byrne 35.00 $105 $ 3,675.00 *Optional 3rd Reviewer $ 5,000.00 $10,675.00 or $15,675.00 Task 5 Final Review, Report, and Hauler Negotiations Consultant Hours Rate Amount Michael Balliet 45.00 $140 $ 6,300.00 Mike Byrne 20.00 $105 $ 2,100.00 $ 8,400.00 Task 6 Project Management Consultant Hours Rate Amount Michael Balliet 40.00 $140 $ 5,600.00 Mike Byrne 5.00 $105 $ 525.00 $ 6,125.00 Total Project Budget = $51,800 or $56,800* 11 City of Diamond Bar RFP 2022-001 F – Project Timeline We have completed RFPs in as little as six months. However, a 9 to 12-month timeframe is more typical. Given that two existing service providers are the only bidders, and many of the issues and requests are already know, we are providing a 9- month timeline herein. RFP issue date is November 15th with a submission due date of January 15th. Mandatory bidder meeting the week after Thanksgiving and all Q & A completed before City holiday break: Michael Balliet Consulting LLC - Diamond Bar RFP Project Schedule Task Description Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Establish Programs/Agreement Establish city/stakeholder program items Develop SB 1383 requirements Meetings & workshops Franchise agreement development Jurisdiction Study Target similar cities Perform city surveys Develop data & report Create RFP Package Develop RFP document Meetings & study session Related edits to agreement Conduct RFP Process Send out RFP & hold initial bidder meeting Complete Q & A process Finalize bid review material/protocol Form Review Committee-Initial Meeting Review, Report and Negotiate Receive and review proposals Develop report and city council package City meetings & contract negotiations City council meetings Project Meetings/Reports/Management Project Meetings/Reports/Management 2 6 1 3 4 5 12 City of Diamond Bar RFP 2022-001 G – Licenses, Professional Certificates/Memberships and Insurance Current consultant to the City of Diamond Bar. Insurance information and W-9 is on file with the City. No special licenses or certificates. Mr. Balliet is a featured speaker to city administration and public works groups on SB 1383 compliance and solid waste systems. Mr. Balliet has also been a featured panel member for the Southern California Waste Management Forum and was recently a featured speaker in the CalRecycle ongoing training series. 13 City of Diamond Bar RFP 2022-001 Exhibit A 14 City of Diamond Bar RFP 2022-001 15 City of Diamond Bar RFP 2022-001 Exhibit A Proposed Scope of Services Pursuant to the scope of services presented by the City in RFP 2022-001, and discussed in narrative form within the body of our proposal, provided herein is our required presentation of the scope of services to be provided, which will include all City required items within the scope of work presented within RFP 2022-001. Task 1 – Establish Desired Hauler Services Including SB 1383 Compliance Responsibilities We will work with city staff, the city attorney, and various stakeholder groups (as directed) to establish both the SB 1383 compliance programs, services and support desired for SB 1383 compliance, as well as general franchise service obligations (bulky item collections, HHW, etc.) the City requires the selected service provider to perform. As part of this task, we will perform a review of your current franchise agreement, develop and provide franchise agreement language to address desired SB 1383 compliance measures, and any new or revised programs the city would otherwise benefit from, in cooperation with city staff and the city attorney. We will attend all required meetings to discuss, review and finalize a draft document. Specifically included within Task 1 project work are the following city-required actions: • Review the current Franchise Agreements and identify modifications required to meet regulatory requirements and state mandates, emerging innovations in solid waste and current best practices in solid waste management. • Develop a comprehensive matrix/list of recommended terms, components and/or programs for inclusion in the City’s new franchise agreement(s). • Identify new and existing programs necessary to meet state mandates, improve diversion, and provide enhanced service. • Estimate the total hours proposed for these tasks based on previous experience. Consultant Hours Rate Amount Michael Balliet 75.00 $140 $10,500.00 Mike Byrne 25.00 $105 $ 2,625.00 $13,125.00 Task 2 – Perform a Study of Comparable Jurisdictions To help measure the value received from the two bidders, we will research and compile a list of 5 to 10 comparable jurisdictions (similar residential and commercial sectors, similar collection conditions, etc). Once this list is approved by the city, we will establish key franchise agreement provisions, rates and types of services provided, fees and benefits provided to the client city, facilities used and per-ton costs, and other data sets that encapsulate those franchises. This data will subsequently be used to help establish the relative value presented within the hauler proposals received. 16 City of Diamond Bar RFP 2022-001 Specifically included within Task 2 project work are the following city-required actions: • Research and review solid waste contracts of cities comparable to Diamond Bar (e.g., population, land area, etc.). Compile and present data, number of residential and commercial franchises, including residential and commercial rates, size and number of trash containers, multi-family recycling programs, bulky item and household hazardous waste pickup programs, organics recycling programs, diversion rates, franchise AB 939 and any other fees collected, and any other relevant information necessary to develop an effective franchise agreement. Consultant Hours Rate Amount Michael Balliet 15.00 $140 $ 2,100.00 Mike Byrne 45.00 $105 $ 4,725.00 $ 6,825.00 Task 3 – Create the RFP Package Using data obtained in Tasks 1 and 2, compile all programs, services, fees and benefits, compliance support activities, general service obligations, and a detail of current services and tonnages collected into an RFP document the two firms are will use to guide their proposal preparation and submission process. Required proposal format, a standard price sheet, and any other specific items the city requests will also be included. We recommend the RFP package address a standard set of services each firm must bid upon, then allow bid-alternates, where each hauler can propose unique services. Our work to finalize the package also includes assistance to city staff/attorney to make any final revisions to the draft agreement, which will be included as a referenced attachment to the RFP. Finally, the RFP package should have a listing and description of the scoring criteria to be used in evaluating the proposals and a standard pricing sheet. We recommend the City also establish options for how it will proceed after the review process. Typically, this would include selecting one firm as the preferred option and negotiating final terms with them or having the city- option to negotiate with both firms simultaneously. Specifically included within Task 3 project work are the following city-required actions: • Develop the RFP and draft Franchise Agreement for the Solid Waste Collection Services, in consultation with City staff and representatives of the City Attorney’s office. • Establish requirements for a baseline program based on achieving compliance with state mandates and maintaining existing and new specified service levels. Additionally, a menu of additive scope items for potential innovative and/or green service options, such as Zero Waste programming, shall be provided with individual costs identified. These services will be considered separate from the baseline proposal. Consultant Hours Rate Amount Michael Balliet 40.00 $140 $ 5,600.00 Mike Byrne 10.00 $105 $ 1,050.00 $ 6,650.00 17 City of Diamond Bar RFP 2022-001 Task 4 Conduct the RFP Process In this task we distribute the RFP package, then field and respond to bidder questions. We propose an initial in-person meeting with both bidders where we field and respond to questions. Ideally this meeting occurs after the bidders have had a week or two to perform an initial review. After the bidder meeting, we field individual questions (submitted via email) and provide email responses that copy both bidders. This is important as we want to ensure both parties are treated identically, even with regards to the timeliness of information provided. Approximately 30 days after the RFP package is given to the bidders, we enter a phase where they have 30 to 60 additional days to prepare and finalize their responses. At the appointed date (60 or 90 days after RFP issuance, city choice) we receive and open the proposals with city staff. Typically, the RFP will require a separate sealed envelope containing pricing information, which would allow for review of the proposals with or without pricing information. As discussed, depending upon the city’s preference, we would then provide proposals and possibly pricing information over to the review committee (5-person city-appointed panel or we as the consulting firm would perform our review). If a city panel is selected, MBC will also perform reviews and develop a rate matrix, where we apply hauler-proposed pricing to a standardize service-level mix to approximate expected residential and commercial rate revenues for each bid. If MBC alone is tasked with review and recommendations, we would perform the review or potentially bring on a third individual (city-approved) in order to provide three proposal review scores for city consideration. Specifically included within Task 4 project work are the following city-required actions: • Manage and oversee the RFP process, including advertisement, conducting a mandatory Proposer’s Conference, responding to requests for information, and preparing and issuing any necessary RFP addenda. • Based on the technical assistance findings and direction of the Diamond Bar staff, develop desired service and rate requirements. • Prepare a Request for Proposals (RFP) for distribution to the existing waste haulers. • The RFP will be drafted in consultation with City staff and City Attorney’s office, and at minimum, should identify the following requirements of the respondents: o Establish the basic solid waste services the proposer must provide. o Identify the special services the proposer must provide. Examples include, but are not limited to: seasonal collections, bulky item pick up, manual rollout, electronic and hazardous household waste collection, city generated waste removal. o Provide the requirements of the proposer to respond to and collect abandoned waste discarded on public rights-of-way. o Develop a rate sheet for the proposer to complete to identify the cost of the services. o Identify the public education and outreach programs required of the proposer. o Describe the customer service requirements of the proposer, including communications, public requests, dispute resolution, etc. o Respond to proposer’s Requests for Information (RFIs), questions and communications. 18 City of Diamond Bar RFP 2022-001 • Evaluate proposals and make recommendations to City. Consultant Hours Rate Amount Michael Balliet 50.00 $140 $ 7,000.00 Mike Byrne 35.00 $105 $ 3,675.00 *Optional 3rd Reviewer $ 5,000.00 $10,675.00 or $15,675.00 Task 5 Final Review, Report, and Hauler Negotiations We present draft proposals reviews to city staff, discuss our findings and positions, receive input/edits on the presentation of information, and finalize or report on the RFP process and recommended next steps. If the conclusion of this report is that the proposal received from one of the bidders was clearly superior, and city staff agrees and directs, then we assist in preparing a report to this effect for City Council review and approval. If the report finds the proposals are comparable, and that further negotiations are suggested to finalize the city’s selection, then we will either prepare a report for City Council or proceed directly to hauler negotiations. We work with city staff to finalize the selection. We will attend and present at one or more City Council meetings, as required to address issues and secure formal selection of an exclusive franchise hauler. Our proposed task hours are sufficient to address delays related to a City Council determination that an extension to existing agreements are needed to address new franchise service roll-out delays. Specifically included within Task 5 project work are the following city-required actions: • Assist with negotiations with the chosen proposer. • Prepare final franchise agreement(s) for approval. • If needed, conduct public outreach meetings/workshops. • Present information at public meetings as directed by the City. • Prepare reports and presentations as directed by City staff. • At the conclusion of negotiations, work with staff and the City Attorney to prepare franchise agreements for the City Council’s consideration and approval. • Attend City Council and Study Session meetings as directed by staff. Present information and recommendations. Consultant Hours Rate Amount Michael Balliet 45.00 $140 $ 6,300.00 Mike Byrne 20.00 $105 $ 2,100.00 $ 8,400.00 Task 6 Project Management We will provide monthly progress reports to accompany invoices for services rendered. We will also hold general progress meeting with city staff and communicate frequently through email, phone, and electronic meetings. 19 City of Diamond Bar RFP 2022-001 Consultant Hours Rate Amount Michael Balliet 40.00 $140 $ 5,600.00 Mike Byrne 5.00 $105 $ 525.00 $ 6,125.00 Total Project Budget = $51,800 or $56,800* 20 City of Diamond Bar RFP 2022-001 Exhibit B 21 City of Diamond Bar RFP 2022-001 Education Economics, University of California, Irvine Areas of Expertise Waste Hauling RFP & Performance Reviews Waste Hauler Financial Audits Waste Management Program Development and Implementation Landfill Compliance and Financial Audits Municipal Solid Waste Contract Compliance Program Development Business Technical Assistance Programs Educational Program Development Waste Collection Feasibility and Rate Studies Hauler Negotiations and RFP Process Development and Implementation Publications The Insider’s Guide to Business Recycling and Waste Reduction 30+ Years Experience Michael Balliet Michael Balliet brings extensive solid waste industry experience to his consulting and auditing services for local governments. Mr. Balliet’s primary field of expertise is in solid waste system development, waste hauler management, agreement compliance reviews, financial audits, rate setting analysis, and contract negotiations. He is also well versed in the regulations governing solid waste collection, waste diversion program development, and how local jurisdictions can effectively implement, monitor, and report compliance with various State legislative requirements. Mr. Balliet has been an environmental consultant based in California since 1991. As part of his work with local governments he has audited and developed recycling programs for many of the largest businesses in Los Angeles County (Northrop, Allied Signal, Dow Chemical, Mobil Oil, etc.). Work in Orange County began in 1992 with the City of Costa Mesa and eventually moved to institutional clients (U.C. Irvine) and Orange County’s most visible business, Disneyland. For the past several years this focus has shifted to AB 341, AB 1826, and currently SB 1383 compliance programs. Waste hauler compliance reviews and financial audits have included hauler operations throughout California, Nevada, Montana, Texas, Florida, and Georgia. He has performed well over 300 hauler-audits, and over 20 landfill and material recovery facility audits. He has never had an audit fail to reach satisfactory resolution. Mr. Balliet has worked with both large (City of Los Angeles) and small (City of Los Alamitos) municipal clients. This work has included developing city compliance planning documents (SRRE, HHWE, NDFE), all manner of waste management programs, creating and implementing various oversite and reporting protocols, and reporting to and interfacing with State agencies on behalf of clients. He has been responsible for developing methodologies for city-contracting with private haulers to ensure waste hauler compliance through the implementation of service, diversion, reporting, and fee payment standards. This work includes the development of municipal ordinances, service contracts and waste hauler reporting procedures, conducting technical assistance workshops, consolidating and reconstituting hauler data and managing reporting programs for dozens clients, including one that has retained his services continuously since 1992. Project work has also included the development of multiple permit, non-exclusive franchise, and exclusive franchise systems, and RFPs to select franchise haulers. Mr. Balliet has also worked with a number of municipalities to improve efficiencies and/or compliance through their own waste hauling operations. Professional Experience July 1991 to January 1999: Chief Operating Officer – Americlean Environmental Services. Grew a consulting practice from start-up to over $4 million in annual revenues. Managed 23 employees and subcontractors. January 1999 to Present: President – Michael Balliet Consulting, LLC Past Projects 100+ local governments in California, Florida, Georgia, Montana, Nevada, and Texas 22 City of Diamond Bar RFP 2022-001 Education Graduate School: Master of Public Administration Program Cal State Fullerton BA, Political Science University of California, Irvine Areas of Expertise Municipal Solid Waste Management Programs Solid Waste Contracts: Development, Negotiation, Implementation, and Compliance Grant Awards and Project Management State of California Solid Waste Reduction and Recycling Mandates 30 Years Experience MICHAEL J. BYRNE Consultant, Michael Balliet Consulting LLC Professional Summary Extensive experience in municipal government and the solid waste field gained over 30 years. Includes 26 years as lead analyst overseeing the planning and implementation of city solid waste and recycling service delivery and compliance programs. Mr. Byrne will provide support and administrative assistance to Mr. Balliet and the project. Related Experience City of Irvine 1991 - 2021 • Developed and managed municipal solid waste and recycling program budgets and secured numerous state and local grant awards. • Played a lead role in negotiations with waste haulers for city’s solid waste franchise agreements. • Interacted with key stakeholders including elected officials, executive management and the public. • Continually interacted with waste haulers, developers and property managers. • Oversaw the work of several consultants to ensure city’s constant compliance with California state recycling mandates. • Extensive knowledge and expertise relating to state mandates on cities, including AB 939 (The California Integrated Waste Management Act), SB 1374 (Model Construction and Demolition Diversion Ordinance) and subsequent California Green Building Standards Code requirements, AB 341 (Mandatory Commercial Recycling), AB 1826 (Mandatory Commercial Organics Recycling), AB 827 (Customer Access to Recycling), and SB 1383 (Short-Lived Climate Pollutants).