DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Master Agreement for Non-Hazardous Illegal Roadside Waste Removal Services
RECOMMENDED ACTION(S):
TITLE
1. Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for the Master Agreement listed within recommended action number two in order to ensure a sufficient number of vendors are available to meet demand and ensure timely response to illegal dumping; and
2. Approve and authorize the Chairman to execute a Master Agreement, effective for each Contractor upon execution by the Contractor and the County, to provide non-hazardous roadside waste removal services throughout the County unincorporated areas, for County-owned rights of ways, easements, and County-maintained roads, the total term not to exceed five consecutive years, which includes a base term of November 28, 2023 through June 30, 2026 and two optional one-year extensions with authority to approve such extensions on behalf of the County delegated to the Director of Public Works and Planning, total not to exceed $2,500,000 for the potential approximate five-year term. (4/5 vote).
REPORT
Your Board’s approval of the second recommended action will allow the County, through the Department of Public Works and Planning (Department), to contract with ten (10) Contractors for non-hazardous roadside waste removal services. The following six Contractors submitted responsive bids under an informal Request for Quotation (RFQ), which closed on October 31, 2022: (1) Mr. Clean Junk Removal; (2) Junk King; (3) PARC; (4) Mid Valley Disposal; (5) Those Junk Movers; and (6) Loyalty Hauling Services. The Fresno County Purchasing Manual describes informal solicitations as generally reserved for non-complex solicitations where the description of services requested can be stated clearly and allow for bids to be requested and received by telephone, fax, or email. Following closure of the first RFQ, the Department issued a subsequent informal RFQ on July 25, 2023 for non-hazardous roadside waste removal services to increase the number of available contractors to ensure illegal waste is removed in a timely manner.
Your Board’s approval of the first recommended action will allow the Department to include four (4) additional contractors to the Master Agreement. The following four additional Contractors submitted responsive bids to the July 25, 2023 informal RFQ: (1) 1-800-Got-Junk; (2) Top Junk; (3) Junk Masterz; and (4) John’s Demolition & Clean Up Services. If the Department identifies any other Contractors who may provide services under the recommended Master Agreement, the Department will return to your Board, and will submit a proposed amendment with that Contractor, supported by a Suspension of Competition, for your Board’s requested approval.
The recommended Master Agreement is a non-exclusive agreement. The County reserves the right to engage or not engage any of the Contractors in any part of the County under the recommended Master Agreement, and to engage any other person or entity for the same or similar services under any other agreement, or hire its own forces, in any part of the County.
This is the first time the County is contracting for non-hazardous roadside waste removal services. Section 13 of the County’s Charter requires a 4/5 vote to contract services that are currently being performed by County staff. These services, as described below, were performed by County road maintenance crews until FY 2020-21.
This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the Department will be without a contract for non-hazardous roadside waste removal services. This would likely lead to slower response times and reduced ability to perform road maintenance activities. These services assist the Department in ensuring public safety, and in maintaining over 3,479 miles of County roads for which the Department is responsible.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
The Department’s request to waive the competitive bidding process is consistent with Administrative Policy No. 34. The Department rereleased the initial informal RFQ to a different group of vendors to elicit as many responses as possible in order to ensure that a sufficient number of vendors is available to meet demand and ensure timely response to illegal dumping.
All responsive contractors from both informal RFQs may be added to the Master Agreement, subject to Board approval, to meet the Department’s roadside waste removal service needs and in accordance with all terms and conditions specified in the contract and will be able to participate as a contractor. The Internal Services Department - Purchasing Division concurs with the Department’s request to waive the competitive bidding process.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Sufficient appropriations and estimated revenues are included in the involved Departments’ FY 2023-24 Adopted Budgets: County Administrative Office Org 2540, Public Works and Planning Roads Org 4510, and Admin Fines - Code Enforcement Org 1188. The Road Maintenance and Operations Division (RMO Org 4510) will fund only the disposal of waste dumped directly on the public travel right of way and creating a public hazard, as determined by the Department, for the travelling public. Funds will be included in budget requests for the duration of the Master Agreement.
The recommended Master Agreement will have a spending limit of $500,000 for each year (or partial first year) of the term of November 28, 2023 through June 30, 2026. If extended for one additional year, the total amount for four years is not to exceed $2,000,000. If extended for a second additional year, the maximum compensation payable for the recommended Master Agreement is $2,500,000 over a potential five-year period.
DISCUSSION:
On October 18, 2022, the Department released an informal RFQ to 35 potential Contractors with County Purchasing’s review and oversight. The closing date of this RFQ was October 31, 2022. The Department sought to award multiple Contractors for a potential five-year term with a shared cumulative maximum compensation payable amount of $1,500,000 across the full five years. Six responsive bids were received from the following Contractors: Mr. Clean Junk Removal, Junk King, PARC, Mid Valley Disposal, Those Junk Movers, and Loyalty Hauling Services. After review of the bids, the Department recommended award to all Contractors because they satisfy the needs of the Department. Purchasing concurred with the Department’s recommendation.
Following closure of the first informal RFQ, the Department identified a need to increase the number of available waste removal Contractors and therefore, informally re-released the informal RFQ on July 25, 2023 to an additional 15 potential Contractors, with County Purchasing’s review and oversight. The closing date of the re-released RFQ was August 14, 2023. The Department sought to award all responsive Contractors. After review of the bids, the Department determined that four (4) additional bids were responsive and recommended awards to those additional Contractors because they satisfy the needs of the Department. Purchasing concurred with the Department’s recommendation.
Department staff contacted the original six vendors verbally and by email to confirm that they were willing to extend the bids they submitted in October 2022. Five of the six indicated they would extend their bids, and Loyalty Hauling Services requested to start at their Year 2 pricing due to the length of time that passed. Purchasing advised the Department that request could be accepted or denied at its discretion. The Department accepted the request.
Non-hazardous roadside waste removal services include but are not limited to identification, assessment, collection, containment, labeling, handling, packaging, storing, documenting, transporting, transferring, mitigating, remediating, and disposing of wastes obtained from the public right of way. Waste includes but is not limited to miscellaneous trash, which includes items such as garbage, refuse, bulky waste items such as couches, appliances, furniture, and other miscellaneous non-hazardous materials not easily discarded.
The base term of the recommended Master Agreement is from November 28, 2023 through June 30, 2026. The Agreement may be extended for up to two one-year periods past the term date of June 30, 2026 for each Contractor upon written approval of the specific Contractor and the Director of the Department of Public Works and Planning (Director), or their designee. This action must be completed no later than thirty days prior to the first day of the next one-year extension period. Approval of the recommended action delegates the authority to extend the Master Agreement to the Director.
The recommended Master Agreement is a non-exclusive agreement. The County reserves the right to engage or not engage any of the Contractors in any part of the County under the recommended Master Agreement, and to engage any other person or entity for the same or similar services under any other agreement, or hire its own forces, in any part of the County.
If the Department identifies any other Contractors who may provide services under the recommended Master Service Agreement, the Department will return to your Board and will submit a proposed amendment with respect to that new Contractor supported by a Suspension of Competition for your Board’s approval.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk - Master Agreement
CAO ANALYST:
Salvador Espino