Administrative Report Date: April 18, 1997 Dept. File No.: 4604-8 C.C. File No.: 3758-1/1801-1 TO: Standing Committee of Council on Planning and Environment FROM: General Manager of Engineering Services SUBJECT: Award of Contract No. 9701: Processing and Marketing of Residential Recyclable Materials RECOMMENDATION THAT Council authorize acceptance of the bid from Browning-Ferris Industries Ltd. at an approximate minimum annual tender value of $7,380 (annualized net revenue to the City based on December 1996 market prices) and an approximate upper annual tender value of $143,500 (annualized net revenue to the City based on December 1996 market prices) to process and market the City s residential recyclable materials for a two-year term, with options for three one-year extensions by mutual agreement, subject to a contract satisfactory to the Director of Legal Services. COUNCIL POLICY The policy of Council is to award contracts for the purchase of equipment, supplies, and services that will give the best value to the City based on quality, service, and price. SUMMARY On February 10, 1997, three bids were submitted for the City's contract to process and market residential recyclable materials, which is a complicated tender that is based on fixed and variable unit prices. Two of three tenders - one submitted by Browning-Ferris Industries Ltd. (BFI) and the other submitted by International Paper Industries Ltd. (IPI) - were short-listed for further examination. Further examination of both bids reveals that each bid has certain advantages and disadvantages over the other. While the IPI bid is expected to provide the City with roughly $8,600 higher annual recycling revenues over the two-year term of the contract than the BFI bid, the BFI bid is operationally superior since BFI s proposed receiving facility is a more favorable site than IPI s. Further, there is considerable risk that the IPI site may not be suitable for use under the processing and marketing contract. Therefore, since the IPI bid is expected to provide only marginally higher recycling revenues than the BFI bid, the IPI bid is not the preferred bid. Consequently, the BFI bid is the most favorable and least risky bid satisfying all the requirements of the tender documents and is recommended for award of the contract. PURPOSE The purpose of this report is to seek Council s authorization to award the above-noted contract to Browning-Ferris Industries Ltd. (hereinafter referred to as BFI). BACKGROUND The City currently collects recyclable materials through three recycling programs: the Blue Box program; the Apartment Recycling Pilot Program; and the Mini-Depot drop-off program. These programs generate roughly 16,100 tonnes of recyclable materials per year, which consist of the following recyclable material categories: old newspapers (ONP); mixed paper products (MPP); and mixed containers (MCO). The ONP category is further split into two different categories to allow the City to benefit from the higher revenues that are associated with the high quality ONP that is typically collected by City crews. These two categories are: (1) No. 8 ONP (high-grade); and, (2) No. 6 ONP (common-grade). On January 1, 1997, the GVRD implemented a landfill disposal ban on all recyclable old corrugated cardboard (OCC), which affects both the residential and I,C&I (industrial, commercial, and institutional) sectors. As a result of this disposal ban, the amount of OCC recovered by these sectors should increase significantly in the near future. Hence, to accommodate the expected increase in OCC volumes, the City will be adding capacity to each of our six mini-depot sites by adding new, separated OCC containers. Although the City performs its own recycling collection services, we do not perform the processing and marketing services that are required to sell these materials on the open market. Rather, the City contracts these services out to private industry through a "processing and marketing of residential recyclable materials" contract. Under this contract, the contractor is required to provide the following basic services: 1. operate a receiving facility within City boundaries to receive, weigh, and grade recyclable materials; and, 2. transfer the recyclable materials from the receiving facility to an approved processing and marketing facility such that the materials may be sold on the open market to be made into new products. Form of Tender The processing and marketing contract is a unit price contract ($/tonne), and monies due to either party (depending on bid prices and market conditions) under this contract are settled on a monthly basis. The tender is structured such that the unit prices of the four fibre materials - ONP No. 8, ONP No. 6, MPP, and OCC - are tied to published monthly market indicator values. (The Newstech indicator is used for ONP and the Paper Recycler indicator is used for MPP and OCC.) Each tenderer is required to submit a fixed market indicator adjuster value (either negative or positive) for each of ONP No.8, ONP No. 6, MPP, and OCC, which is added to the appropriate market indicator value in a given month to determine the actual monthly unit price for a particular fibre material. As the market indicator values fluctuate on a month-to-month basis in response to changing market conditions, the actual unit prices of ONP No.8, ONP No. 6, MPP, and OCC will also fluctuate. For example, if the Newstech indicator goes up in value from one month to the next, the calculated unit price of ONP would also rise. Also, to reduce the City s exposure to the downside risk associated with falling market indicator values, each tenderer is required to submit a guaranteed fixed floor value for each of ONP No. 8, ONP No. 6, MPP, and OCC. (Positive fixed floor bid prices represent absolute minimum revenue per tonne payable by the Contractor to the City, whereas negative fixed floor bid prices represent absolute maximum cost per tonne payable by the City to the Contractor.) Therefore, if the calculated unit price (i.e., the market indicator value minus the fixed market indicator adjuster value) of a particular fibre category is less than its fixed floor value, then the fixed floor value will be used for that given month. (To illustrate how the fixed floor value, fixed market indicator adjuster value, and market indicator value works under varying market conditions, three examples have been provided in the appendix.) Unlike the four fibre recyclable material categories, MCO is not tied to a market indicator value (principally because MCO is made up of a combination of dissimilar materials for which no published indicator value is available). As a result, a fixed market indicator adjuster value is not required for MCO; rather, the unit price per tonne of MCO is fixed for the duration of the contract, regardless of market conditions. Finally, each tenderer is required to submit a fixed price per tonne for contaminated loads, which are loads of recyclable materials that contain excessive amounts of non-recyclable materials. These contaminated loads are defined as Mixed Loads and account for roughly 2% of the City s annual tonnage of recyclable materials. Existing Processing and Marketing Contract The City s current processing and marketing contract with BFI began on May 1, 1995 and is set to expire on April 30, 1997. Upon expiration, this contract will have generated recycling revenues of $1,760,000 during its first year and approximately $890,000 during its second year. This compares quite favorably to previous processing and marketing contracts, which all resulted in net costs to the City. However, significant revenues of this nature are unlikely to be seen again in the near future, as the market prices of most recyclable materials have dropped substantially over the last eighteen months and are unlikely to reach the record highs that were achieved in 1995 during the two-year term of this contract. These expectations are evident in the relatively conservative bid prices of the latest processing and marketing tenders, which are outlined below. BID EVALUATION Three tenders were submitted and opened on February 10, 1997 for the processing and marketing of residential recyclable materials and were evaluated based on the following two principal criteria: 1. the financial impact on the City s existing and future recycling programs; and, 2. the layout and design of the proposed recycling receiving facility. Financial Impact on the City s Recycling Programs The bid prices of each of the three submitted tenders are shown in Table A1 in the Appendix. Although each of the three bidders is fully qualified and capable of performing the work outlined in the tender documents, the bids submitted by both BFI and IPI are financially superior (i.e., they both provide the City with net revenues, rather than net costs as per the ETL bid). Accordingly, the BFI and IPI bids were short-listed for further examination. Upon first glancing at the calculated annual tender values of Table A1, it appears that IPI s bid is financially superior to BFI s (since IPI s upper and lower annual tender values show higher net revenues to the City than the BFI bid). But upon further examination of the bid prices, the following details become apparent: 1. The BFI and IPI bid prices for MPP, MCO, and OCC are reasonably similar; however, the BFI bid prices would result in a lower net annual cost to the City than the IPI bid prices (i.e., the BFI bid prices for MPP, MCO, and OCC would result in a net annual cost to the City of $237,940, whereas the IPI bid prices would result in a net annual cost to the City of $251,875). 2. The BFI fixed bid price for Mixed Loads is far superior to IPI s: IPI would charge the City $60/tonne (i.e., their fixed bid price is - $60/tonne) and BFI would charge the City $20/tonne (i.e., their fixed bid price is - $20/tonne). As the City s existing recycling programs generate roughly 350 tonnes of Mixed Loads per year (annual generation rates are shown in Table A1 in the Appendix), these price differences result in an extra annual cost of $14,000 under the IPI bid. Although Mixed Loads currently only account for 2% of the City s annual recyclable materials, they are likely to increase to 5% upon the expansion of the apartment recycling program (e.g., 2% of the existing annual tonnage of 16,100 plus roughly 10% of the future annual apartment recycling tonnage of 10,000 equals 1,350 tonnes of Mixed Loads per year, or 5%), since contamination levels are typically much higher for multi-family residences. Under this scenario, the IPI bid would result in an extra annual Mixed Load cost of $54,000 versus the BFI bid. 3. The BFI and IPI bid prices for ONP are significantly different: the fixed floor values of IPI s bid are superior to BFI s, whereas the opposite is true for the adjuster values. (IPI s fixed floor value bid price for ONP No. 8 is significantly higher than BFI s; in fact, it is nearly two times larger than BFI s and nearly three times larger than ETL s, as shown in Table A1 in the Appendix.) Further analysis of the above ONP bid prices reveals that the IPI bid would be more favorable to the City (i.e., they provide more revenue to the City) if the average monthly market price of ONP No. 8 is below $90/tonne for the duration of the contract. Conversely, the BFI bid would be more favorable to the City if the average monthly market price of ONP No. 8 is greater than $90/tonne. (The current market price of ONP No. 8 is $83.50/tonne and is expected to drop to $60.50/tonne on May 1, 1997.) Forecasting whether or not the average monthly market price of No. 8 ONP is expected to exceed $90/tonne for the duration of the contract is a difficult task, since recovered paper markets are influenced by several economic and psychological factors. Therefore, Engineering Services sought the services of an industry analyst who has several years experience with analyzing and forecasting recovered wastepaper markets. Engineering Services obtained reports from two independent consulting firms: (i) Franklin Associates Ltd.; and, (ii) Resource Information Services Inc. Franklin Associates Ltd. provided very conservative estimates for future ONP prices. They forecast the average market price of No. 8 ONP to be $75/tonne in 1997 and $83/tonne in 1998. On the other hand, Resource Information Services Inc. (RISI) believes that the ONP market will gain significant momentum through the next two years. They forecast the average market price for No. 8 ONP to be $80/tonne in 1997 and $190/tonne in 1998. Using (a) the Franklin and RISI No. 8 ONP market price forecasts, (b) the December, 1996 market price for MPP (c) the actual floor and adjuster values as submitted by BFI and IPI and shown in Table 1, and (d) the estimated annual tonnage of each material (as shown in Table A1 of the Appendix), the estimated annual tender values of both bids are shown in the following table. Also shown in Table 1 is the annual tender values of both bids using the actual April, 1997 Newstech price for No. 8 ONP of $83.50/tonne. Table 1 Tenderer 1997 1998 Total Two-Year Average Annual Annual Two-Year Tender Value Annual Tender Tender Tender Difference Tender Value Value Value Value Difference Using data supplied by Franklin Associates Ltd. BFI +$ 87,060 +$140,180 +$227,240 -- -- IPI +$158,725 +$158,725 +$317,450 +$ 90,210 +$ 45,105 Using data supplied by Resource Information Services Inc. BFI +$120,260 +$850,660 +$970,920 -- -- IPI +$158,725 +$743,045 +$901,770 -$ 69,150 -$ 34,575 Using actual April, 1997 Newstech price for No. 8 ONP BFI +$143,500 +$143,500 +$287,000 -- -- IPI +$158,725 +$158,725 +$317,450 +$ 30,450 +$ 15,225 NOTE: The superior tender values are shown in bold and italics in the above table. Unfortunately, this data produces conflicting results: (a) the Franklin data produces a financially favorable IPI bid; (b) the RISI data produces a financially favorable BFI bid; and (c) existing price data produces a financially favorable IPI bid. Hence, these results suggest that using market price projections to evaluate the bids does not produce convincing conclusions. However, assuming that each of the above three scenarios have equal probability of occurring (i.e., each has a 33.3% chance of occurring), Engineering Services expects that the IPI bid will provide the City with roughly $8,600 more annual recycling revenues than the BFI bid. In conclusion, the two bids have their financial strengths and weaknesses and, as a result, neither is financially superior over the other. Notwithstanding, the IPI bid is expected to provide the City with marginally higher recycling revenues. Layout and Design of Proposed Receiving Facility As the success of the processing and marketing contract is largely attributed to the proper layout and design of the receiving facility, each bidder s proposed receiving facility was fully evaluated. BFI s Receiving Facility BFI s proposed receiving facility which is currently being used exclusively by the City under the current processing and marketing contract is a large, open site that clearly meets all the conditions and requirements of the contract documents. On April 4, 1997, the City Planning Department granted BFI a two-year development permit extension for this site. Hence, the BFI site would be fully operational by the May 1, 1997 commencement of the contract. - 2 - IPI s Receiving Facility Unlike BFI s receiving facility, IPI s proposed receiving facility has never before been used by the City; consequently, this site required extensive examination. To fully evaluate the IPI site, the City performed a five-day pilot study at the site by diverting our recycling trucks from the existing BFI contract. This study allowed us to test the design and layout of the IPI site to ensure that the conditions and requirements of the contract documents would be fully satisfied. By the end of the pilot study, several concerns were identified, as follows: 1. The site is extremely narrow and, as a result, our trucks often had difficulty maneuvering around the site. (This problem became notably worse during busy periods when, for example, more than ten trucks arrived at the site at the same time.) 2. The site is not operated for the exclusive use by the City. That is, the site is open to other recycling trucks, which had the occasional effect of restricting our recycling trucks from entering, off-loading, and exiting the site in a fast, efficient manner. (This problem could become worse if apartment recycling is fully expanded and utilizes this contract for processing and marketing, since the number of recycling trucks using the receiving facility would increase from twenty to roughly thirty-five). 3. Due to excessive noise levels that emanated from the IPI site during the pilot study and complaints from adjacent neighbors about noise generated from IPI's usual operating conditions, the Planning Department is imposing new conditions on the site that significantly limit the site s suitability for the processing and marketing contract. This is described in more detail below. The noise levels that were generated at the IPI site during the pilot study were notably loud. Consequently, Engineering Services obtained the services of the Environmental Health Division (EHD) of the Vancouver Health Board to perform a noise compliance study to determine whether or not the Noise Bylaw was being violated. The results of the EHD study indicated that, under the current operating conditions of the site, the noise levels that were being generated during the pilot study were exceeding the maximum permissible levels as governed by the Noise Bylaw. In fact, the EHD determined that, during the pilot study, certain continuous noise levels (e.g., the backup beepers of the City recycling trucks) exceeded the Noise Bylaw by more than 5%, while certain non-continuous noise levels (e.g., the dumping of mixed containers) exceeded the Noise Bylaw by as much as 25%. Accordingly, the EHD noted that if IPI was awarded the contract, the noise levels that would be generated at this site would likely exceed the sound limits of the Noise Bylaw. As a result, the EHD recommended to both the Planning Department and Engineering Services that the north exit gate to the site remain permanently closed to reduce the noise levels at those surrounding properties that are most affected. However, this recommendation makes the IPI site far less attractive, since the pilot study showed that separate entrance and exit gates at this site allow the most efficient flow of traffic into and out of the site. Otherwise, the site becomes far too restricted. In response to the EHD s recommendations, IPI submitted two acoustical engineering reports to the Planning Department (who in turn submitted the report to the EHD for comments) to address the noise concerns at this site. Upon reviewing these reports, the EHD concludes that the recommended noise mitigation measures outlined in the acoustical engineering reports could likely achieve the desired results, but the north exit gate should remain closed to further reduce noise levels. As a result of the EHD s conclusions, the Planning Department will be imposing the following conditions on an existing IPI temporary development permit, regardless of whether or not IPI is awarded the processing and marketing contract: (i) The gate that is located at the north-west corner of the lot must be removed and replaced with a permanent, sound proof fence. This fence will act as a barrier to noise and would restrict any vehicles from using the lane that exits at the existing gate location. (ii) Noise mitigation measures will be required such that all continuous noise levels do not exceed the 70 dBA and all non-continuous noise levels do not exceed 75 dBA (as per the City Noise Bylaw). The scalehouse development permit will be granted on a six month temporary basis, at which time the Planning Department will reassess whether or not the above noise levels have been complied with. These two new development permit conditions pose significant risk to the City's recycling operation if IPI is awarded the processing and marketing contract, since the noise mitigation measures outlined in the acoustical engineering reports are not guaranteed to be successful. If the noise levels are excessive, the Planning Department may determine six months into the contract that IPI s receiving facility is no longer permitable for use. Consequently, the City would have to find an alternative, interim receiving facility until a new processing and marketing contract could be tendered, which could potentially result in significant extra costs to the City. Although a $250,000 performance bond will form part of this contract, it should not be considered to eliminate the above-noted risk. The EHD performed a similar noise compliance study at the BFI site. The results of this study indicate that the noise levels generated at the BFI site are within acceptable levels. Although the operations at the IPI site would be similar to those at the BFI site, the sound levels that are generated at the IPI site are significantly different due to the site s particular location the IPI site is located directly beneath the Oak Street bridge, which tends to amplify the sounds that emanate from the operations below. In conclusion, due to the three concerns discussed above, IPI s proposed receiving facility is far less attractive than BFI s. IMPACT OF BOTTLE DEPOSIT LEGISLATION ON RECYCLING OPERATIONS On April 7, 1997, the Provincial Government released news that the Province's 27-year-old deposit/refund system for beverage containers will be expanded in April 1998 to include all ready-to-drink beverages with the exception of milk and milk substitutes. Currently, only beer, cider, coolers, and some soft drink beverage containers carry deposits. However, under the expanded system, beverages that will carry a deposit in 1998 include bottled water, all carbonated and non-carbonated drinks, ice teas, wine, spirits, thirst quenchers, fruit and vegetable juices. The expanded system will involve a shift from a primarily retail-based collection system to a permanent province-wide depot system and will include a number of collection methods, such as reverse-vending machines and mobile collection depots. Since many of the existing non-deposit beverage containers are currently accepted and collected in the City's recycling programs, an expanded deposit/refund system could ultimately result in less tonnage and volume of recyclable material to be collected by the City, which could potentially result in lower recycling costs (since containers are typically the most expensive material to process and market). However, this result would only be achieved if the proposed province-wide depot system is implemented in such a way that would make returning the beverage containers very convenient for generators. Conversely, if the depots are not convenient, then the opposite effect could occur. The processing and marketing tender documents noted that the bottle deposit legislation was likely to change and, as a result, the mixed container tonnages would also likely change. As both BFI and IPI had similar bids for mixed containers (MCO), the expanded bottle deposit legislation is not a factor in determining the preferred bid. CONCLUSIONS Bid No. 1, the tender submitted by BFI, is the most favorable and least risky bid satisfying all the requirements of the tender documents and, thus, is recommended for award at an approximate lower annual tender value of $7,380 (annualized net revenue to the City based on December 1996 market prices) and an approximate upper annual tender value of $143,500 (annualized net revenue to the City based on December 1996 market prices). * * * * * The three examples that follow are based on the following assumptions of bid prices and initial market conditions: (a) fixed floor bid price for No. 8 ONP = + $50/tonne (b) fixed market indicator adjuster bid price for No. 8 ONP = - $20/tonne (c) Newstech market indicator as for the month of April, 1997 = + $83.50/tonne Example 1: Assume market conditions remain unchanged and the Newstech value holds constant at $83.50/tonne for the month of May, 1997. Under this condition, the actual contract price for No. 8 ONP for the month of May, 1997 would be the greater of: (i) the fixed floor value = $50/tonne; or, (ii) the Newstech value plus the fixed market indicator adjuster value ($83.50/tonne + (- $20/tonne)) = $63.50/tonne. Thus, the actual contract price for No. 8 ONP for the month of May, 1997 would be $63.50/tonne (net revenue to the City). Example 2: Assume market conditions improve and the Newstech value rises to $100.00/tonne for the month of May, 1997. Under this condition, the actual contract price for No. 8 ONP for the month of May, 1997 would be the greater of: (i) the fixed floor value = $50/tonne; or, (ii) the Newstech value plus the fixed market indicator adjuster value ($100.00/tonne + (- $20/tonne)) = $80.00/tonne. Thus, the actual contract price for No. 8 ONP for the month of May, 1997 would be $80.00/tonne (net revenue to the City). Example 3: Assume market conditions worsen and the Newstech value drops to $40/tonne for the month of May, 1997. Under this condition, the actual contract price for No. 8 ONP for the month of May, 1997 would be the greater of: (i) the fixed floor value = $50/tonne; or, (ii) the Newstech value plus the fixed market indicator adjuster value ($40.00/tonne + (- $20/tonne)) = $20.00/tonne. Thus, the actual contract price for No. 8 ONP for the month of May, 1997 would be $50.00/tonne (net revenue to the City). Note that the contract price cannot fall below the fixed floor value. In the following table, the actual bid prices are shown in columns "C" and "D", and the calculated tender values are shown in columns "E", "F", and "G". Also, a "+" sign indicates net revenue to the City, whereas a "-" sign indicates a net cost to the City. The upper annual tender values in column "G" of Table 1 are based on actual recyclable material market prices that were paid to processors during December, 1996. As these prices are expected to fluctuate on a monthly basis, the actual annual tender values are expected to be either higher or lower than those noted above; however, they will not fall below their respective lower annual tender values in column "F" (assuming that the material tonnes per year in column "A" do not fluctuate).