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HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC.- A-93-045 93 Yc obi;,,;SA'E ON FIDE WORK NIM ISROCEENGE ENXPIRE5 UN[IL I AGREEMENT FOR COLLECTION AND HANDLING B93 CLE K OF COrL �~� OF SOLID WASTES GENERATED, PRODUCED AND/OR DACE: ��/J/ ( 3 ACCUMULATED IN THE CITY OF SANTA ANA CC : IV/11 . THIS AGREEMENT, made and entered into this NC,Zday of , 1993 , by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc. , a California corporation, hereinafter called, "CONTRACTOR, " RECITALS 1. The Legislature of the State of California, by enactment of California Integrated Waste Management Act of 1989 , Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA") , declares that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. 2 . In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of solid waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefor, be provided by contract to a qualified contractor. 3 . The City Council of the City of Santa Ana further declares its intention of maintaining reasonable rates for the collection, transportation and recycling, yard waste diversion and/or disposal of solid waste. 4 . The City Council of the City of Santa Ana desires that CONTRACTOR be engaged to provide for both the collection of solid wastes within the corporate limits of the City of Santa Ana and the transportation of such solid wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the basis set forth in this Agreement. NOW, THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all solid wastes (as hereindefined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: (a) The term of this Agreement shall begin on July 1, 1993 and shall extend to June 30, 1998. In addition, the term hereof may be extended by the CITY, at its sole option, for an additional two (2) year period on the same terms and conditions as follows: (1) This Agreement shall only be extended for such additional two (2) year period if CITY provides CONTRACTOR with written notice of the CITY 'S intent to exercise its option under this provision by May 1, 1997. The CONTRACTOR must respond to this request for extension of this Agreement within thirty (30) days of receipt of such written notification by CITY. Should CONTRACTOR fail to respond within the thirty (30) days, the CITY'S shall withdraw its request to exercise its option under this Agreement. 3. DEFINITIONS: As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1) . Auditor shall mean the certified public accountant firm retained by City for auditing services. (2) . Bin Service shall mean all solid waste collection services provided by CONTRACTOR by means of front-loaded collection bins of various sizes. (3) . California Integrated Waste Management Act shall mean that act codified by California Public Resources Code Sections 40000 et seq. , and any subsequent amendments thereto. (4) . California Integrated Waste Management Board shall mean the Board created by the California Integrated Waste Management Act, and any subsequent modifications thereto, and shall encompass any other agency which assumes the duties of this Board. (5) . CITY shall mean the City of Santa Ana. (6) . City Attorney shall mean the City Attorney of CITY. (7) . City Council shall mean the City Council of CITY. (8) . City Manager shall mean the City Manager of CITY. 2 (9) . Clerk of the Council shall mean the Clerk of the Council of CITY. (10) . Code shall mean the Municipal Code of CITY, both codified and miscellaneous ordinances. (11) . Commercial/Industrial Bin Service shall mean bin service which is provided by CONTRACTOR to commercial and/or industrial units. (12) . Commercial Solid Wastes shall mean solid waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, non-profit research organizations and government offices. (13) . Compost means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. (14) . Composting means a method of waste treatment which produces a product meeting the definition of "compost" herein. (15) . Composting Facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost. (16) . Construction and Demolition Solid Waste includes solid wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (17) . Contract shall mean this Agreement, entered into between CITY and CONTRACTOR. (18) . CONTRACTOR shall mean Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc. , a California corporation, and shall include the parent agency Waste Management, Inc. (19) . Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi-family, business or professional user which does not require bin service as determined by the Executive Director. (20) . Customer shall mean a user of CONTRACTOR'S bin or roll- off container service. 3 (21) . Disposal Site shall mean any site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of solid waste. (22) . Executive Director shall mean the Executive Director of Public Works of CITY, or his or her designate. (23) . Gate Fees shall mean those rates charged by a licensed landfill for solid wastes disposed of at the landfill. Gate fees are also known as "tipping" fees and "landfill" fees. Solid waste which is transported directly to a landfill shall be subject to payment of one hundred percent (100%) of the gate fees charged by the landfill and solid waste which is transported to a materials recovery facility shall be subject to payment of seventy five percent (75%) of the gate fee at the landfill during the term of this Agreement. (24) . Gross Receipts means and includes all revenues actually received by CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its customers in the CITY pursuant to this Agreement. Gross receipts include gate fees as defined herein. (25) . Hauling Charges shall mean those portions of the curbside, bin, roll-off and other rates provided for in this Agreement which compensate CONTRACTOR for the solid waste collection and transporting services required of CONTRACTOR under this Agreement. The parties have agreed upon the initial hauling charges as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. (26) . Hazardous Wastes are those wastes which, because of their physical or chemical characteristics, cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (27) . Industrial Solid Wastes means solid waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or solid wastes placed in bins and/or roll-off containers. Industrial solid wastes shall be treated the same as commercial solid wastes. (28) . Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of recyclable solid wastes as well as the segregation and transportation of non-recyclable solid wastes to a disposal site. (29) . Permitted Solid Waste Facility means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. 4 (30) . Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (31) . Processing means the reduction, separation, recovery, conversion or recycling of solid waste. (32) . Processing Charge shall mean those portions of the curbside, bin, roll-off container and other rates provided for in this Agreement which compensate CONTRACTOR for processing solid wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated materials recovery facility. The parties have agreed upon the initial processing charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S solid waste stream to a licensed landfill after processing the recyclable solid wastes therefrom and the cost of transporting recyclable solid wastes to their ultimate destination shall be deemed part of this processing charge, but the gate fee. charged at said landfill for depositing said solid waste residue shall not be included in the processing component. (33) . Recyclable Solid Waste means and includes, those solid wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable solid wastes are not a separate category of materials, but merely an evolving portion of the entire stream of solid waste generated within the CITY. (34) . Recycling means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solidwastes for the purpose of reuse. (35) . Residential Bin Service shall mean bin service which is provided by CONTRACTOR to any and all residential users which request or require such services pursuant to this Agreement. (36) . Residential Solid Waste means solid waste originating. from single-family or multiple family dwellings. (37) . Roll-Off Service shall mean solid waste collection from transportable containers of 10 cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll-off service includes compactors which may be used with roll- off containers. (38) . Solid Waste shall mean all solid wastes, including, but not by way of limitation, recyclable solid wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and 5 demolition sites within the CITY excluding that solid waste referred to in Section 9 (a) herein; provided, however, that solid waste shall not be deemed, for purposes of this Agreement, to include any hazardous wastes as defined hereinabove. (39) . Waste type means identified wastes having thefeatures of a group or class of wastes which are distinguishable from any other waste type, as identified by the CITY ' S Source Reduction and Recycling Element. (40) . Yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and prunings. (41) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or organic waste and the composting, mulching, and/or transformation thereof. 4. SCOPE OP SERVICE: (a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary for the collection of all solid waste originating, generated and/or accumulated by any person within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, recycle, divert by means of composting, mulching and/or transforming and/or dispose of said solid waste in compliance with the terms of this Agreement. (b) All solid waste collected by CONTRACTOR within the CITY shall not be commingled in the CONTRACTOR' S vehicles orequipment with solid waste from any other jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24) hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages contained in the vehicle. 5. COLLECTION HOURS: (a) All collections from residential areas shall be made between the hours of 6: 00 A.M. and 6: 00 P.M. Collections from commercial and industrial locations greater than 100 feet from residential units may start at 3 : 00 a.m. and must terminate by 6: 00 P.M. ; however, if complaints are received from such residential units, the Executive Director may direct that collections in such areas shall be made between the hours of 6: 00 a.m. and . 6: 00 p.m. and in that event CONTRACTOR agrees to comply with such order. (b) Notwithstanding section (a) above, solid waste collected pursuant to Section 12 hereof shall be collected pursuant to the provisions contained therein. 6 6. HOLIDAYS: Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall collect along said route on the work day next following said legal holiday. Legal holidays for the . purpose of this Agreement shall be New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties. 7. FREQUENCY OF COLLECTIONS: The Contractor will collect all solid waste from all areas of the CITY at least once each week and in addition will provide more frequent service for those customers using the bin or roll-off services supplied by CONTRACTOR if requested by a customer or if required by the CITY. S. MAINTENANCE OF SCHEDULES: Presently existing routes, schedules and times for collection of solid waste shall be maintained but may . be changed by authorization of the Executive Director and at least one week's advance notification by CONTRACTOR to occupants of the buildings in. the area where the changes are to be made. 9. EXCLUSIVENESS OF AGREEMENT: The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all solid waste, as defined in this Agreement, generated and/or accumulated within the CITY, except as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s) . (b) This Agreement shall not prohibit the persons who generate solid waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own solid waste so long as they dispose of such solid waste at a site permitted by the California Integrated Waste.Management Board in accordance with all governing laws and. regulations. (c) This Agreement shall not prohibit the persons who generate solid waste, or the persons 'who own the premises upon which solid waste has generated or accumulated, from: (1) selling their recyclable solid wastes, or, (2) donating their recyclable solid 7 wastes; provided, however, that in both instances: (a) the person must, on its premises, personally segregate (by waste type) from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, processing or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of solid waste originating outside the CITY from hauling such solid waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR'S right to collect and/or dispose of solid waste shall not be exclusive in the event of a failure to collect under Section 31 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR'S employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal services from persons other than CONTRACTOR during such periods, including CONTRACTOR' S bin and/or roll-off service customers. (g) . CONTRACTOR shall not have the exclusive right to collect and dispose of solid waste by providing bin and/or roll-off service if the conditions stated in Section 25 (c) are applicable. (h) The CITY shall notify in July, 1993 , in accordance with Public Resources Code Section 49520, all solid waste haulers known to the CITY which are providing temporary roll-off services within the CITY that the CITY may elect to have such services be provided only by that solid waste hauler which is authorized by an exclusive contract with the CITY to provide such services. 8 10. SOLID WASTE PROGRAM SURCHARGE: (a) CONTRACTOR shall pay to the CITY a solid waste program surcharge equal to five (5%) percent of the gross receipts derived from CONTRACTOR' S customers. (b) Invoices submitted to customers by CONTRACTOR shall not reference the aforementioned five (5%) percent surcharge. Payments to the CITY of said solid waste surcharges shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the gross receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. COLLECTION POINTS AND REQUIREMENTS: (a) CONTRACTOR shall not be required to collect solid waste from any curbside service unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in containers, packaged and otherwise prepared for collection in a manner prescribed by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be required to pick up and collect any material or matter which is not solid waste as defined in this Agreement, or to pick up and collect any solid waste from curbside service units which does not. comply with the following standards and limitations: (1) All solid waste shall be placed in containers adequate to eliminate overflow or contamination of surrounding areas; (2) Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceeding 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds; (3) Cardboard or wood cartons acceptable as temporary containers will be considered solid waste and will not be returned. Any cardboard or wooden carton which is not specifically used as a temporary container must be broken down, flattened down and tied in bundles with strong cord or wire heavy enough to act as a handle, or shall be placed in otherwise acceptable containers; (4) Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. Any such bundle or items shall not exceed four feet in length, eighteen (18) inches in thickness, or weigh in excess of forty (40) pounds; 9 (5) Oil drums, grease drums and similar metal containers, paper grocery bags, broken wooden boxes and crates, broken or wet cardboard boxes, and containers with sharp, rough, or jagged edges which may hamper or injure the handler, are not acceptable as solid waste containers and will not be picked up or emptied; (6) Discarded household items, broken down and packaged in a size and to a weight easily handled by one man will be considered as solid waste; (7) Large, heavy items not broken down, greater in dimension than four (4) feet in length, and eighteen (18) inches in thickness and forty (40) pounds, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky items which may be disposed of under the provisions , of Section 19; (8) All kitchen waste, ashes, hair clippings, floor sweeping and similar light materials must be securely wrapped to prevent spillage and to protect the public health and safety. Hot ashes will not be collected; and, (9) CONTRACTOR shall not be required to pick up and collect more than 200 pounds (including containers) for any business or professional curbside service unit. (b) The aforementioned size limitations shall not apply to Christmas trees properly placed for collection. (c) Whenever any solid waste which does not comply with the above standards and limitations is not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject to the approval of the CITY, indicating the reason for non-collection at such curbside service unit. Said notice shall also contain the CONTRACTOR' S business name and his local telephone number. A copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY on the day immediately following such non-collection and, if the reason for noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to this continued noncollection. 12. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS: (a) CITY SOLID WASTE CONTAINERS: CONTRACTOR shall collect all solid waste placed in CITY owned solid waste containers, not including bus shelter solid waste containers, on arterial streets within the CITY at least one time per week at no cost to the CITY. Further, it shall be CONTRACTOR' S responsibility to collect all solid waste in the area immediately within tenfeet of an identified CITY owned solid waste container. The CITY will provide CONTRACTOR with a list identifying CITY solid waste containers. The list identifying the CITY solid waste containers may be modified from time to time as deemed necessary by the Executive Director, provided, however, that the total number of CITY containers from which solid waste is to be collected does not 10 exceed two hundred (200) . CONTRACTOR shall coordinate collection of such solid waste with the Executive Director so as to ensure collection of such solid waste at the appropriate times for the CITY. (b) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all solid waste which is generated by CITY government operations at no cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-off containers from which such solid waste shall be collected. Said list may be modified by time to time by the Executive Director. Solid waste generated by such CITY operations shall be collected by CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which schedule shall be approved between the CONTRACTOR and the Executive Director. (c) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director to ensure that solid waste collection is compatible with the CITY' S street sweeping operations. . CONTRACTOR will be required to complete their designated routes each day so as not to interfere with the CITY'S street sweeping operations. (d) NEIGHBORHOOD CLEANUPS: CONTRACTOR shall supply roll-off containers for CITY sponsored neighborhood cleanups at nocost to the CITY. The number of roll-off containers to be so provided shall not exceed one hundred and sixty five (165) during fiscal year 1993-1994 . The number of roll-off containers to be supplied may increase each year thereafter by ten '(10o) per cent, with odd numbers to be rounded up. (e) Notwithstanding the above, at any time that the CITY determines that the number of collections and/or the number of bins or roll-off containers provided for in sections (a) and (d) are not adequately meeting the CITY ' S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these provisions, and may, by mutual agreement, modify the number of collections, bins, and/or roll-off containers. 13. RECYCLING, YARD WASTE DIVERSION AND DISPOSAL REOUIREMENTS: (a) RECYCLING: CONTRACTOR shall be responsible for the. processing of all solid waste pursuant to the schedules contained in subsections (1) , (2) and (3) below which is collected by the CONTRACTOR within the CITY. CONTRACTOR shall process all such solid waste in compliance with the CITY ' S Source Reduction and Recycling Element ("SRRE") and CIWMA. CONTRACTOR shall transport all solid waste collected by the CONTRACTOR within the CITY boundaries to a state permitted Materials Recovery Facility ("MRF") , as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All solid waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by waste type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR 11 will be responsible to subcontract for the use of such a facility so as to ensure the CITY' S compliance with CIWMA. (1) Commencing on July 1, 1993 , CONTRACTOR shall be required to process at a MRF for purposes of recycling at least one third (1/3) of all solid waste collected by CONTRACTOR from curbside service units, bins and roll-off containers within the CITY; (2) Commencing on January 1, 1994 , CONTRACTOR shall be required to process at a MRF for purposes of recycling two thirds (2/3) of all solid waste collected by CONTRACTOR from curbside service units, bins and roll-off containers within the CITY; and, (3) Commencing on July 1, 1994 for the duration of this Agreement, CONTRACTOR shall be required to process at a MRF for the purpose of recycling all solid waste collected by it from curbside service units, bins and roll-off containers within the CITY. (b) YARD WASTE DIVERSION: CONTRACTOR shall cause any and all segregated yard waste collected by CONTRACTOR within the CITY'S boundaries which is capable of being composted, mulched and/or transformed to be processed at a state permitted composting facility pursuant to the schedules contained in subsections (1) , (2) and (3) below. CONTRACTOR shall be responsible to ensure that the yard waste collected by CONTRACTOR is diverted in compliance with CIWMA and the CITY' S SRRE. (1) Commencing on July 1, 1993 , CONTRACTOR shall be required to process at a MRF for purposes of yard waste diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (1) above; (2) Commencing on January 1, 1994 , CONTRACTOR shall be required to process at a MRF for purposes of yard waste diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (2) above; (3) Commencing on July 1, 1994 , for the duration of this Agreement, CONTRACTOR shall be required to process at a MRF for the purpose of yard waste diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (3) above. (c) DISPOSAL: CONTRACTOR shall be required to dispose of any and all solid wastewhich is not recycled or diverted by means of composting, mulching and/or transforming pursuant to the terms of this Agreement, at a legally authorized disposal site(s) as designated by the CITY. If CONTRACTOR is directed to dispose of said solid waste at a location other than the County of Orange' s disposal site, both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. 12 Should disposal sites become unavailable in Orange County at any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at its Los , Angeles County landfill. Additionally, CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for CERCLA liability for any solid waste collected by the CONTRACTOR in the CITY which is delivered to CONTRACTOR'S landfill. (d) CONTRACTOR will act as the contracting body and lead agency with the MRF and composting facility with respect to this Agreement and shall be responsible for, and insure that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. (e) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do each, every and all things required to ensure that all solid waste generated, produced or accumulated in the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be responsible to the extent solid waste is generated in the CITY and collected or disposed, or both, by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the California Integrated Waste Management Board in the event that the diversion quantities contained in the CITY'S SRRE, or any other requirement of CIWMA, are not met. 14. CIWMA REPORTING REOUIREMENTS: CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the CITY, all monthly or annual reports required of the CITY pursuant to the California Integrated Waste Management Act ("also known as CIWMA") . In addition thereto, within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the CITY an annual report which: (a) provides a collated summary of all the information contained in the monthly reports referred to above; (b) provides a narrative description of all public awareness activities of CONTRACTOR during the past one year which may have impacted recycling participation; and (c) provides a discussion of recycling and source reduction program highlights and difficulties. CITY may require additional reports from CONTRACTOR should the reports requested, or submitted, pursuant to this section not satisfactorily fulfill the CITY ' S requirements. 13 15. SRRE CONSULTANT: (a) CONTRACTOR shall provide consultant services as necessary to modify the CITY ' S SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of California. The consultant to perform such services shall be approved by the CITY. Such consultant services shall be provided upon request by the CITY and shall be subject to final approval of the CITY. The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand ($20, 000. 00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved by the CITY which exceed twenty thousand ($20, 000. 00) dollars per fiscal year shall be the responsibility of the CITY as provided in section (b) below. (b) CONTRACTOR shall submit a monthly report showing consultant services performed for the preceding month. Subject to the approval of the Executive Director, any costs for approved services which exceed twenty thousand ($20, 000.00) dollars per fiscal year shall be made by the CITY within thirty (30) days of receipt of said report for work satisfactorily performed. 16. PUBLIC EDUCATION SERVICES: The CONTRACTOR shall be responsible for the provision of public education services as provided in the CITY'S SRRE. These services shall include, but are not limited to, the following, items: (a) the production and distribution of a pamphlet containing trash regulations and holidays to all customers and curbside service units on a yearly basis and to all new service starts . at service initiation; (b) the production and distribution to all customers and curbside service units every year of pamphlets concerning source reduction, recycling and/or yard waste diversion on an annual basis and to all new service starts at service initiation; (c) the performance, as needed, of community presentations on source reduction, recycling and yard waste diversion, including the production of all presentation materials; (d) the provision, as necessary, of technical assistance in the areas of source reduction, recycling and yard waste diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; and, (f) cooperation in the production of an integrated waste management video for use by the CITY. • This list may be reasonably modified from time to time as deemed necessary and appropriate by the Executive Director. The CONTRACTOR shall be required to work with the Executive Director in the preparation and production of the services listed. and to proceed in the rendering of such services as the CITY 14 dictates. Any services required hereunder shall require the Executor Director' s approval prior to the execution thereof. 17 . STANDARDS FOR COLLECTION, EOUIPMENT AND NOISE: (a) Equipment used by CONTRACTOR for the collection and hauling of solid waste shall be used so as to assure, in the reasonable opinion of the Executive Director, that adequate standards of collection will be maintained. CONTRACTOR shall provide an adequate number of vehicles and equipment for the collection, transportation, recycling, yard waste diversion and disposal of solid waste for which it is responsible for pursuant to this Agreement. All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated in such a manner as to prevent solid waste from escaping the vehicle. Any spillage of materials which occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement shall be registered with the Department of Motor Vehicles of the State of California. . The CONTRACTOR' S vehicles and equipment shall be subject to inspection by the CITY. (b) All solid wastes, including segregated yard waste, are to be commingled and collected at the same time in one collection vehicle. CONTRACTOR shall not be permitted to allow separate trucks to pick up different types of materials. (c) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety of sizes of bin and roll- off containers to meet the capacity requirements of commercial and residential bin and roll-off container users. No material shall be permitted to leak, fall or be spilled on CITY streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned at the CONTRACTOR'S expense. The equipment used must be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. (d) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the collection of said materials shall be dismissed. (e) CONTRACTOR shall equip all residential collection vehicles which collect solid waste within the CITY with informational displays. The CITY shall advise CONTRACTOR as to the messages which should be displayed while said vehicles are 15 operating for the CITY. The CITY may, at it' s option, have the messages to be displayed changed once per year. 18. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS: (a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible housekeeping conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be maintained by it in a well-kept appearance and shall be marked with reflectorized material where such bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and roll-off containers; provided, however, CONTRACTOR shall provide in it's agreements with it's customers for a bin or roll-off container cleaning service, including painting either as needed, at the request of the customer or at the request of the CITY, for a fee of twenty five ($25. 00) dollars. (b) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure to remove the graffiti within the required two (2) business days for bins and five (5) business days for roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200. 00) fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which requires such graffiti removal a charge of twenty five ($25. 00) dollars per incident. (c) The containers receiving curbside service shall be replaced where found. Containers and lids thereof shall not be left in the street or on neighboring or adjoining premises. Trash containers shall not be thrown from the truck to the pavement or in any way damaged by unnecessary rough handling. The CITY reserves the right, upon submission of proof by the owner, to withhold sufficient compensation under this Agreement to adjust and pay any claim for solid waste containers damaged by the willful or careless acts of the employees of the CONTRACTOR. 19. COLLECTION OF BULKY ITEMS: In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to all curbside service units the service of curbsidecollection of bulky items such as couches, refrigerators, rugs, water heaters, and other items of solid waste, which CONTRACTOR is not required to collect under Section 11 because of size or weight, as follows: (a) Upon request by a curbside service unit within the CITY, CONTRACTOR shall provide no more than two at-demand bulky item collections per year per curbside service unit at no additional cost. Each such curbside service unit is limited to a maximum of 16 four (4) bulky items per pick-up request. Such collection services shall provide the opportunity of having large objects, and other solid waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by curbside service units for such collections shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a reasonable time but no more than five (5) working days after such a request is received. Requests for more than two (2) at-demand collections per year shall cost thirty ($30. 00) dollars per collection and shall be billed to the curbside service unit requesting the additional collection by the CONTRACTOR. (b) CONTRACTOR shall provide assistance of removal of bulky items on private property to senior citizens and the disabled at no cost. 20. CURBSIDE SERVICE RATES: (a) The CONTRACTOR shall receive compensation from the CITY for supplying curbside service. The total number of curbside service units is stipulated to be 40, 030 as of November 1, 1992. Such number shall be redetermined on April 1st of each subsequent calendar year by the Executive Director. (b) Rates to be paid to the CONTRACTOR for curbside service shall be as follows beginning on July 1, 1993 : Hauling and Processing Charge $ 4 . 68 Gate Fee $ 4 .02 Total Curbside Service Rate $ 8 . 70 per month (c) Rates to be paid to the CONTRACTOR for curbside service shall be as follows beginning on January 1, 1994 : Hauling and Processing Charge $ 6 . 05 Gate Fee $ 3 . 65 Total Curbside Service Rate $ 9 . 70 per month (d) Rates to be paid to the CONTRACTOR for curbside service shall be as follows beginning on July 1, 1994 : Hauling and Processing Charge $ 7 . 51 Gate Fee $ 3 . 29 Total Curbside Service Rate $ 10. 80 per month 17 21. RESIDENTIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying bin service to residential bin users by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each residential bin service customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. (b) Rates for residential bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning on July 1, 1993: Category Rate 1 yd 1X 48 1 yd 2X 88 1 yd 3X 128 1 yd 4X 168 1 yd 5X 208 1 yd 6X 258 2 yd 1X 48 2 yd 2x 86 2 yd 3X 124 2 yd 4X 162 2 yd 5X 200 2 yd 6X 253 3 yd 1X 68 3 yd 2x 116 3 yd 3X 164 3 yd 4X 212 3 yd 5X 260 3 yd 6X 333 4 yd 1X 76 4 yd 2x 134 4 yd 3X 194 4 yd 4X 252 4 yd 5X 310 4 yd 6X 403 (c) Rates for residential bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning January 1, 1994: Category Rate 1 yd 1X 48 1 yd 2X 88 1 yd 3X 128 1 yd 4X 168 1 yd 5X 208 1 yd 6X 258 18 2 yd 1X 48 2 yd 2x 86 2 yd 3X 124 2 yd 4X 162 2 yd 5X 200 2 yd 6X 253 3 yd 1X 68 3 yd 2x 116 3 yd 3X 164 3 yd 4X 212 3 yd 5X 260 3 yd 6X 333 4 yd lX 76 4 yd 2x 134 4 yd 3X 194 4 yd 4X 252 4 yd 5X 310 4 yd 6X 403 (d) Rates for residential bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning on July 1, 1994: Category Rate 1 yd 1X 50 1 yd 2X 90 1 yd 3X 130 1 yd 4X 170 1 yd 5X 210 1 yd 6X 260 2 yd 1X 55 2 yd 2x 100 2 yd 3X 145 2 yd 4X 190 2 yd 5X 235 2 yd 6X 280 3 yd 1X 80 3 yd 2x 140 3 yd 3X 200 3 yd 4X 260 3 yd 5X 320 3 yd 6X 405 4 yd 1X 95 4 yd 2x 165 4 yd 3X 235 4 yd 4X 305 4 yd 5X 375 4 yd 6X 480 19 22 . COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: (a) . The CONTRACTOR shall receive compensation for supplying bin service to commercial/industrial bin users by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such bin service customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. (b) Rates for commercial/industrial bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning on July 1, 1993: Category Rate 1 yd 1X 38 1 yd 2X 68 1 yd 3X 98 1 yd 4X 128 1 yd 5X 158 1 yd 6X 198 2 yd 1X 40 2 yd 2x 73 2 yd 3X 106 2 yd 4X 139 2 yd 5X 172 2 yd 6X 215 3 yd 1X 58 3 yd 2x 101 3 yd 3X 144 3 yd 4X 187 3 yd 5X 230 3 yd 6X 293 4 yd 1X 68 4 yd 2x 123 4 yd 3X 178 4 yd 4X 233 4 yd 5X 288 4 yd 6X 373 (c) Rates for commercial/industrial bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning on January 1, 1994 : Category Rate 1 yd 1X 38 1 yd 2X 68 1 yd 3X 98 20 1 yd 4X 128 1 yd 5X 158 1 yd 6X 198 2 yd 1X 40 2 yd 2x 73 2 yd 3X 106 2 yd 4X 139 2 yd 5X 172 2 yd 6X 215 3 yd 1X 58 3 yd 2x 101 3 yd 3X 144 3 yd 4X 187 3 yd 5X 230 3 yd 6X 293 4 yd 1X 68 4 yd 2x 123 4 yd 3X 178 4 yd 4X 233 4 yd 5X 288 4 yd 6X 373 (d) Rates for commercial/industrial bin service, including gate fees, hauling charges, processing charges and any recycling and yard waste diversion, shall be as follows beginning on July 1, . 1994 : Category Rate 1 yd 1X 40 1 yd 2X 70 1 yd 3X 100 1 yd 4X 130 1 yd 5X 160 1 yd 6X 200 2 yd 1X 45 2 yd 2x 80 2 yd 3X 115 2 yd 4X 150 2 yd 5X 185 2 yd 6X 235 3 yd 1X 65 3 yd 2x 120 3 yd 3X 175 3 yd 4X 230 3 yd 5X 285 3 yd 6X 365 21 4 yd 1X 85 4 yd 2x 155 4 yd 3X 225 4 yd 4X 295 4 yd 5X 365 4 yd 6X 470 (e) The rate per vehicle hour with a two (2) person crew providing emergency bin services on an on-call basis shall be sixty five ($65.00) dollars for the term of this Agreement. (f) CONTRACTOR may, subject to the approval of the Executive Director, offer a discount in the commercial/industrial bin rates to a commercial/industrial bin service customer if said customer regularly segregates recyclable solid waste and/or yard waste by waste type in separate bins. 23. ROLL-OFF SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying roll-off service by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. Roll-off container service shall be provided at a minimum of three (3) dumps per month per customer. (b) Rates for roll-off container services, including container delivery, collection, hauling and transportation, shall be as follows (per dump) beginning on July 1, 1993 : Container Size Rate Per Dump Additional Fee for Compactor 10 cubic yard 120 25 20 cubic yard 120 25 40 cubic yard 120 25 In addition to the above container service rates, CONTRACTOR shall charge the roll-off service customer for the actual gate fees paid at the disposal site or the fees charged at the materials recovery facility. (c) Rates for roll-off container services, including container delivery, collection, hauling and transportation, shall be as follows (per dump) beginning on January 1, 1994 : Container Size Rate Per Dump Additional Fee for Compactor 10 cubic yard 120 25 20 cubic yard 120 25 40 cubic yard 120 25 22 In addition to the above container service rates, CONTRACTOR shall charge the roll-off service customer for the actual gate fees paid at the disposal site or the fees charged at the materials recovery facility. (d) Rates for roll-off container services, including container delivery, collection, hauling and transportation, shall be as follows (per dump) beginning on July 1, 1994: Container Size Rate Per Dump Additional Fee for Compactor 10 cubic yard 120 25 20 cubic yard 120 25 40 cubic yard 120 25 Inaddition to the above container service rates, CONTRACTOR shall charge the roll-off service customer for the actual gate fees paid at the disposal site or the fees charged at the materials recovery facility. (e) The rate per vehicle hour with a two (2) person crew providing emergency roll-off container services on an on-call basis shall be sixty ($60. 00) dollars for the term of this Agreement. 24. ANNUAL ADJUSTMENTS TO CHARGES: (a) HAULING AND PROCESSING CHARGES: The hauling charges and processing charges shall be adjusted annually beginning on July 1, 1994 . The hauling charge and processing charge shall be adjusted in accordance with the rate adjustment procedure set forth below: The two indices which will be used for determining the annual adjustments shall be the December Consumer Price Index ("CPI") for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles- Anaheim-Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics with a seven (7%) percent maximum adjustment per year which will be weighted at ninety (90%). percent and the December Producer Price Index, Diesel Fuel #2 (#057303) which will be weighted at ten (10%) percent. The adjustment to the charges shall be effective on July 1st of each applicable year. (b) GATE FEES: Should any increase in the gate fees charged by a licensed landfill occur during the term of this Agreement, within thirty (30) days of the imposition of such increase CONTRACTOR shall be permitted to pass through to both it' s bin service customers and it' s roll-off service customers, and CITY shall pass through to its curbside service users, seventy five percent (75%) of any such increase in the gate fees for solid waste taken directly to a materials recovery facility and one hundred 23 percent (100%) of any such increase in the gate fees for solid waste which is taken directly to a landfill. 25. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS: (a) The CONTRACTOR may enter into agreements with bin service customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The following special fees may be charged to bin service customers: (1) A bin which needs to be moved in excess of twenty five (25) feet in order to be emptied may be assessed the following special fees: (a) moving of bins 25 to 50 feet: $1. 00 per month times the number of times emptied each week. (b) moving of bins 51 to 75 feet: $2 . 00 per month times the number of times emptied each week. (2) A bin which possesses casters may be assessed a caster charge of $2 . 50 per bin per month. (3) CONTRACTOR may apply a surcharge to bin customers who use trash compactors of not to exceed a multiplier of 1. 5 times the normal bin rate for said service. (4) CONTRACTOR may charge a special service charge of $2 . 00 a month times the number of times a week a bin is emptied for moving a bin out of an enclosure. (5) CONTRACTOR may charge a fee of $38. 00 per bin for an additional bin pick-up when such pick-up is requested by a customer. (6) CONTRACTOR may charge a fee of $2 . 00 per month to a customer who requests a bin with a lock. (7) CONTRACTOR may charge a fee as approved by the Executive Director for six (6) cubic yard bin service. (8) CONTRACTOR may charge a fee as approved by the Executive Director for a plastic injection molded two (2) cubic yard container. (9) CONTRACTOR may charge a fee of $45. 00 per bin to persons who need temporary use of a three (3) cubic yard bin. (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth above.. Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes of emptying a bin. Circumstances not covered by any of 24 the above shall require an inspection by the CITY prior to a determination of the charges which may be imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every customer' s billing. (c) . In the event the CONTRACTOR is unable to provide temporary service to any customer within five (5) calendar days from receipt of a call by such customer, the Executive Director may permit any other licensed hauler to provide temporary service to such customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 26. MINIMUM SERVICE LEVELS - MULTI-FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by bin service, except that CITY may waive such requirement for any residential buildings with four (4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units existing on February 23 , 1983 , upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have bin service by this section as to provide for solid waste collection of not less than one-half (1/2) of one (1) yard of solid waste collection per dwelling unit per week. In all cases, collections shall be made at least once per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for residential bin service customers which is designed to promote conformity of bin service collections in any specified area of the CITY to improve sanitation or reduce noise. (b) In the event that solid waste being disposed of at a residential bin service building exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin capacity at said location, he shall cause written notification to be given to the property owner and/or person in possession of the property. Said notification shall contain the date of the reported overflow of solid waste from the bins. The notice shall also inform the property owner and/or person in possession of the property that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner and/or person in possession of the property will be required to increase the number of bins, the size of the bin, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or the frequency of collections and CONTRACTOR 25 shall furnish such additional services and shall be entitled to compensation from the customers to the same extent as if the customer requested such additional collections from the CONTRACTOR. 27. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL-OFF SERVICES: In the event that solid waste being disposed of at a commercial/industrial bin or roll-off container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin or roll-off container capacity at said location, he shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll- off container, or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from such customers to the same extent as if the customer requested such additional collections from the CONTRACTOR. 28. SERVICE STANDARDS: (a) The CONTRACTOR' S office shall be accessible by a local or toll-free telephone number. The CONTRACTOR'S office hours shall be open at a minimum from 8: 00 a.m. to 5: 00 p.m. daily, except Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after normal business hours, and on Sundays and holidays. thus enabling the public to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing. Should payment not be received within 45 days of billing, CONTRACTOR shall notify said customer on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the customers which have had service ceased due to nonpayment. 26 29 . SUPERVISION: Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The Executive Director may inspect the CONTRACTOR'S operations, facilities and equipment at any reasonable time and the CONTRACTOR shall admit him to make such inspections at any reasonable time and place. 30. TITLE TO SOLID WASTE: Title to all solid waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection or placed in a bin or roll-off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such solid waste, or any part thereof, in any fashion and for any lawful purpose desired by . CONTRACTOR and to retain any benefit or profit resulting therefrom provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. 31. FAILURE TO COLLECT: (a) Should the CONTRACTOR fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of solid waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such solid waste, or initiate services to cause or promote its collection, recycling, yard waste diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR' S employees, the notice shall continue in effect with respect to solid waste originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CONTRACTOR shall allow CITY the use, without charge, of any of CONTRACTOR' S collection vehicles, 27 containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, recycling, diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and/or transforming, and/or dispose of solid waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement. In the event of such a material default, the reasonable time for correction pursuant to Section 32 herein shall be seven (7) days. 32. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR'S response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings in accordance with Chapter three of the Santa Ana Municipal Code. (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the Executive Director indicating the deficiencies, and shall give the CONTRACTOR a reasonable opportunity to be heard. 28 (e) Based on the evidence presented at the public hearing, the City Council shall determine by Resolution whether this Agreement should be terminated. If, based upon the record, the City Council determines that the performance of CONTRACTOR is in breach of any material term of this Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The decision of the City Council shall be final and conclusive. CONTRACTOR' s performance under the Agreement is not excused during the period of time prior to the City Council ' s final determination as to whether such performance is deficient. (f) The rights of termination or imposition of liquidated damages, as set forth in Section 33 hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR' s Agreement or impose liquidated damages in the event of any of the following: (1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY; (2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding; (3) If the CONTRACTOR fails to provide or maintain in full force and effect the workers' compensation, liability or indemnification coverage as required by this Agreement; (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred; (5) If the CONTRACTOR willfully fails to make any payments required under the Agreement and/or refuses to provide the CITY with required information and/or reports in a timely manner as provided in this Agreement; or, (6) Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation. (g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to enjoin the breach thereof. 29 (h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default, deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR'S service of written notice of default on the CITY. 33. LIOUIDATED DAMAGES: (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied solid waste collection services or denied quality or reliable collection service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, the CITY may, in its discretion but after complying with the notice and hearing procedures set forth in Section 32, assess liquidated damages of Five Hundred Dollars ($500. 00) per day, for each calendar day that collection service is not provided by CONTRACTOR in accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual CPI adjustment. (c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which CONTRACTOR has been found by the CITY to be in default after having been given the proper notice and hearing set forth in Section 32 of this Agreement. The CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) 30 calendar days after they are assessed. If they are not paid within the ten (10) day period, the CITY may order the termination of this Agreement. 34. USE BY CITY OF CONTRACTOR'S EQUIPMENT: Upon cancellation of this Agreement by either party for any reason prior to the end of the period specified herein as the term of this Agreement, the CITY shall have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors and other items of equipment used by CONTRACTOR. in the performance of the work specified in this Agreement. Further, the City shall have access to the MRF and composting facilities used by the CONTRACTOR for the processing, recycling and yard waste diversion of solid waste produced or accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of this Agreement for a period of ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 35. COMPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant' s name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up solid waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR' S receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9 : 00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all 31 calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 36. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR' S failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays) , then the following shall apply. (a) . The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, recycling, yard waste diversion and/or disposal services pursuant to Section 31; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refund of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them due to CONTRACTOR' S failure to furnish full performance during such period. (b) . In assessing damages, the City Council shall take into account the CONTRACTOR' S efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be given credit for curbside service unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion to the compensation due CONTRACTOR for curbside service during the subject period as the number of curbside service unit collections which CONTRACTOR failed to make bears to the total number of curbside service unit collections which should have been made pursuant to this Agreement. (c) . In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof may be deducted by CITY from money due or which may become due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) . Refunds or reduction of payments of CONTRACTOR' S customers shall be the sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds 32 or reductions or compensatory service upon the customer' s filing of a claim for the same with the CONTRACTOR. To the extent bin or roll-off service collections are made at CITY' S expense in the absence of CONTRACTOR'S performance, CONTRACTOR shall be liable to CITY for a proportionate amount of the customers ' payments due to the CONTRACTOR. 37. FEES AND GRATUITIES: CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of solid waste otherwise required to be collected under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to bin service users special services as provided for in Section 25 hereof. CONTRACTOR may make a direct charge in each instance for such service under a written agreement which shall be subject to the approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render services of any kind to any person to the extent such services are not specifically required by the provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person or entity. 38. LEGAL RELATIONS AND RESPONSIBILITIES: (a) . Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change CONTRACTOR' S right to decline to pick up and collect any material or matter which is not solid waste as defined in this Agreement or to decline to pick up and collect solid waste which does not comply with the standards and limitations set forth in this Agreement, or otherwise operate to materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal laws become effective after the date of execution of this Agreement which require modifications to the terms hereof, the parties agree to meet and confer regarding any such modifications. (b) . Personnel: No employee of CONTRACTOR shall continue to be employed on any work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy. (c) . Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it by City, County, State and Federal agencies. 33 (d) . Workers ' Compensation Policy: CONTRACTOR shall maintain in full force and effect during the term of this Agreement, a workers ' compensation policy in accordance with the provisions and requirements of the Labor Code of the State of California and such other forms of insurance as shall be required by law. The policy providing coverage shall provide that the insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the CITY. (e) . Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance, or certificate of insurance, satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the performance by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees pursuant to Section 1 of this Agreement, of CONTRACTOR'S covenants hereunder, or any failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amount: Ten Million Dollars ($10, 000, 000) combined single limit. Said insurance shall protect CONTRACTOR and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) . Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers ' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or 34 subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (g) . Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school and college districts regarding the solid waste collection regulations contained herein. (h) . Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any term or condition of this Agreement or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 40. SUBCONTRACTORS AND MANAGEMENT: (a) . The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first obtaining the consent of the City Council. (b) . CONTRACTOR shall designate the person to be in charge of administering this Agreement. The CITY retains the right to reject said person at any time during the term of this Agreement upon reasonable grounds. Should the CITY require the replacement of any person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within which to designate, with the CITY' S approval, a new person. (c) . The CITY may cancel this Agreement pursuant to Section 32 or in the event of a breach of the covenants in subsections (a) and (b) hereinabove. 41. ACCOUNTING AND AUDITING: (a) . The CONTRACTOR shall maintain financial records in accordance with generally accepted accounting principles. (b) . CONTRACTOR shall make its records, reports, and methods of accounting available to the CITY' S designated representative during normal business hours to allow the such person to review and verify the information reported pursuant to this Agreement including, but not limited to, the information reported pursuant to Section 14 hereof, the information reported pursuant to Sections 20 through 23 including, but not limited to, the tonnages reported 35 therein, and the gross receipts reported pursuant to Section 10 hereof. 42 . BOND: The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2, 000, 000. 00) conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in force for the complete term of this Agreement. 43. MEDIA RELATIONS: The CONTRACTOR shall notify the CITY by facsimile of all requests for news media interviews related to the CITY'S solid waste collection program within twenty-four (24) hours. Before responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed response with the CITY. Copies of draft news releases or proposed trade journal articles shall be submitted to CITY for prior review and approval at least two (2) working days in advance of release. copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 44. NOTICES: Any notice required by this Agreement shall be sufficiently served if personally delivered or if deposited into the U.S. Mail, postage prepaid, and if addressed as follows: If served by CONTRACTOR upon CITY: Executive Director of Public Works Public Works Agency City of Santa Ana 101 W. Fourth St. , 4th Floor Santa Ana, California 92701 If served by CITY upon CONTRACTOR: with a courtesy copy to: David W. Ross Group General Counsel Division President Waste Management, Inc. Great Western Reclamation 18500 Von Karman Avenue 1800 South Grand Suite 900 Santa Ana, California 92705 Irvine, CA 92715 45. GENDER AND NUMBER: As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include the plural. 36 46. VALIDITY: The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 47. ASSIGNABILITY: CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of performance under this Agreement, whether by assignment or novation, without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management, Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or transfer. 48. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF SANTA ANA ATTEST: ' /-1<klee----1-17 • By: i �G.i_.��._; .. ,. ...! , _ _. DI _,. L . YOUN 1 ,4 ICE C. GUY Mayor ► C erk of the Cou 'ci APPROVED AS TO FORM: pp DWAR J. CcOPE' City Attorney GREAT WESTERN RTION By: IAAAJJ APPROVED AS TO FORM: DAVID W. FOSS DivisionPres. , GeneralMa ager T. Michael O'Briebi, Esq. Group General Counsel Waste Management, Inc. APProved Is to content 37 /AL sty Manager REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE April 19 , 1993 CLERK OF THE COUNCIL USE ONLY Approved TITLE AGREEMENT WITH GREAT WESTERN As Recommended RECLAMATION FOR REFUSE COLLECTION,_ AsAmended o (see Minutes) Ordinance on 1st Reading DISP• . . 401 ; I I Ord inane on 2nd Reading Implementing Resolution Set Public Hearing For Continued to: P ;r ,ry it .1 ✓ rIZC '.- FILE NUMBER(S): �--Q 3 -U�{5 C MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the Mayor and Clerk of the Council to execute an agreement with Great Western Reclamation to provide refuse collection, disposal and recycling services to the City effective July 1, 1993 through June 30, 1998. DISCUSSION In 1989 the State legislature passed Assembly Bill (AB) 939 requiring each city and county in the state to develop a plan for reducing the amount of refuse disposed of in landfills. The law mandates reduction in refuse disposed of by 25% by 1995 and by 50% by the year 2000. The City of Santa Ana adopted the required Source Reduction and Recycling Element (SRRE) in June 1992 . This plan includes the recycling and composting programs required to meet the mandatory reductions. On December 7, 1992 the City Council directed staff to seek competitive proposals for a single company to provide the City' s refuse collection, disposal and recycling services. The Public Works Agency hired the consulting firm of Hilton, Farnkopf and Hobson to assist in preparation of a Request for Proposal (RFP) . The RFP was released on January 15, 1993 . 147 2 5F C.S.383 Agreement with Great Western Reclamation April 19, 1993 Page 2 The City' s objectives as identified in the RFP are as follows: 1. To meet the mandates of AB 939 that require a 25% reduction in 1995 and 50% reduction in 2000 in solid waste that is disposed of at the landfills in accordance with the City' s plan. 2 . To obtain quality service for the community. 3 . To obtain competitive rates for these services. A mandatory pre-proposal meeting was held the following week to address any questions. Representatives from ten companies attended the conference. On March 8, 1993 the City received four responses. Those responding included Great Western Reclamation, Browning- Ferris Industries, Western Waste Industries and Ware Disposal. The evaluation team was comprised of the City Manager, City Attorney, and the Executive Director, Administrative Services Manager and Enterprise Coordinator from the Public Works Agency. The proposals were evaluated on their technical ability to perform the required services, customer service and references, and their financial ability/willingness to assume the responsibility for complying with AB 939 . Following completion of the technical evaluation, the cost proposals were reviewed. Ware Disposal failed to submit the required proposal deposit and submitted a proposal only for a portion of the required services. That proposal was subsequently considered unresponsive. The other three proposals were rated as indicated below. Total costs based on the numbers of existing curbside and bin customers submitted for the first two years of the agreement (during implementation of the recycling programs) are as follows: Costs Costs Proposal Rating FY 93-94 FY/94-95 Great Western Reclamation 96. 33 $13 , 963 , 548 $16,729,548 Browning-Ferris Industries 94 . 00 15, 550, 358 16,969,439 Western Waste Industries 68 . 33 17 , 649 , 996 19,659,444 Based on the technical rating and the proposed costs (Great Western's proposed costs are $1, 826, 701 less than the next lowest proposal during the two-year period) , staff is recommending an agreement with Great Western Reclamation. A summary of the rates proposed is attached (Exhibit 1) . ASF 148 Agreement with Great Western Reclamation April 19, 1993 Page 3 AGREEMENT The key provisions of the agreement will be as follows: GENERAL 1. AB 939 compliance and indemnification State law mandates that each city implement its SRRE by implementing the required source reduction, recycling, composting, and educational programs and meet the specified reduction in refuse disposal. Fines up to $10, 000 per day ($3 . 65 million per year) may be levied for non-compliance. Under the agreement, the contractor will assume the responsibility for implementation of all programs required to comply with AB 939 and will indemnify the City to the extent that the contractor collects and disposes of the solid waste. This is the primary reason for having a single hauler with adequate financial resources and expertise to perform these services. Failure to meet the targets will require the City (and ultimately the residents and business community) to accept the risk that would otherwise be shifted to Great Western. To shift the responsibility to a single contractor and to meet the goal of 50% by 2000, the City must give the required five year notice at this time to make the temporary construction and demolition refuse collection subject to an exclusive agreement, effective in 1998 . 2 . Quality Service The service provided to the community by Great Western during the years has been well received. The agreement will require that Great Western maintain that quality of service provided to the community. RESIDENTIAL CURBSIDE SERVICE 1. Implementation of a recycling program at a materials recovery facility and implementation of a composting_ program State law requires recycling, composting and associated refuse reduction programs. Great Western will be responsible for providing recycling of all City refuse. 149 2 5F Agreement with Great Western Reclamation April 19, 1993 Page 4 The company owns and operates a Materials Recovery Facility (MRF) which is located in Irvine which will be used to begin the City' s recycling program. In addition, Great Western has purchased 15. 1 acres (the former Kerr Glass site) directly adjacent to their facility on Grand Avenue and has submitted the required plans to the City for developmental review. That process is not yet completed. Should the site not be developed for any reason, Great Western will utilize existing MRF facilities in Stanton and/or Anaheim. The residential recycling program will begin in July 1993 with one-third of all refuse being processed at the MRF. Two-thirds of the refuse will be processed in January 1994 and the remaining one-third will be processed in July 1994 . Residents will be required to separate only their newspapers and yard waste. The City' s composting program will coincide with these implementation dates. Separated yard waste collected from residences will be taken to a separate composting facility for processing. 2 . Large item pick-up service at the curbside for residential customers Single family residences will be allowed two on-call curbside pick-ups per year at no cost. This will allow residents to eliminate large items stored on their property and will support the City' s ongoing efforts to clean up the neighborhoods. This service will replace the semiannual large item cleanup program presently held in various City parks. 3 . Competitive contractor rates for curbside service Great Western is presently paid $9.71 per month per customer for curbside service. The rate paid to Great Western under the new agreement will be $8 .70 per month for the first 6 months of the agreement, $9 . 70 for the second six months, and $10. 70 during the second year of the agreement. These are the lowest rates proposed and include the implementation of the City' s recycling program (see Exhibit 1) . 5F 150 Agreement with Great Western Reclamation April 19, 1993 Page 5 COMMERCIAL/APARTMENT BIN SERVICE 1. Implementation of a recycling program at a materials recovery facility and implementation of a composting Program The recycling program for commercial and apartment bin service is scheduled to begin July 1993 and, like residential, will be phased over an 18 month time frame. Separated yard waste collected from commercial and apartment accounts will be taken to a separate composting facility for processing. 2 . A 22 . 2% reduction in apartment bin rates effective July 1993 Apartment bin rates paid by 2 , 112 customers will be reduced effective July 1, 1993 by an average of 22 . 2 percent. The proposed rates are shown on Exhibit 2 for the recycling phase-in period. Based on the prices received from Great Western as part of the competitive proposal process, apartment customers will save $955,300 during the 1993-94 fiscal year. 3 . A 30 . 5% average reduction in commercial/industrial bin rates effective July 1993 Commercial bin rates paid by 4, 183 customers will be reduced effective July 1, 1993 by an average of 30.5 percent. The proposed rates are shown on Exhibit 3 for the recycling phase-in period. Based on the prices received from Great Western as part of the competitive proposal process, commercial customers will save $2 .72 million during the 1993-94 fiscal year. CITY SERVICES 1. Collection of refuse on city arterials To enhance the cleanliness of the City's arterials, containers will be placed in the more heavily trafficked areas in the city. This refuse will be collected once per week. 2 . City bin and roll-off service free of charge Presently city operations generate refuse at various City locations, including the parks, City Hall, fire stations, libraries, and the City Corporation Yard. These bin and 151 5 I Agreement with Great Western Reclamation April 19, 1993 Page 6 roll-off services will be provided free of charge as a part of the new agreement. In addition, roll-off boxes for neighborhood cleanups will be provided by Great Western at no cost to the Economic Development Agency. 3 . Franchise fee of 5% to be paid to the City Presently part of the residential fee is utilized to support the refuse collection program. This agreement will extend a similar fee (which is built into the rates) to commercial, apartment bin and roll-off service accounts. Effective July 1993 the City will receive 5% of gross revenues from all services directly billed by Great Western. This will generate approximately $650, 000 in new revenue for the City per year. The proposed agreement will allow the City to provide quality refuse services, begin recycling, maximize the City' s capabilities for meeting state mandates - all at very competitive rates. FISCAL IMPACT The rate paid to Great Western Reclamation will be $8 . 70 per month per customer for the first six months, $9.70 per month for the second six months, and $10. 80 for the second year of the agreement. The rates payable by the commercial, residential bin and roll-off service customers are listed on the attached exhibits submitted by Great Western Reclamation. The agreement will provide an increase in City revenues of approximately $650, 000 and a decrease in current City expenditures of approximately $360, 000 each year of the agreement. APPROVED AS TO FUNDS AND ACCOUNTS: Jam sivss( > Rod R. Coloma Execute Director Executive Director Public Works Agency Finance & Management Services 2 NF 152 RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP SUMMARY OF REVENUES - YEARS 1 AND 2 Great Western Browning-Ferris Western Waste Reclamation Industries Industries Curbside - Year 1 4,419,312 5,043,780 5,620,212 Commercial Bin - Year 1 6,190,260 6,776,022 8,121,420 Multi-family Bin - Year 1 3,353,976 3,730,556 3,908,364 Subtotal 13,963,548 15,550,358 17,649,996 Curbside - Year 2* 5,187,888 5,264,746 6,677,004 Commercial Bin - Year 2* 7,499,340 7,542,423 8,757,240 Multi-family Bin - Year 2* 4,042,320 4,162,270 4,225,200 Subtotal 16,729,548 16,969,439 19,659,444 Total Curbside and Bin Costs $30,693,096 $32,519,797 $37,309,440 CONTRACTOR RATES FOR CURBSIDE SERVICE First 6 months $8.70 $10.30 $10.90 Second 6 months 9.70 10.70 12.50 Second Year* 10.80 10.96 13.90 ROLL-OFF BOX RATES - $ PER DUMP 10 cubic yards $120 $130 $120 20 cubic yards 120 140 120 30 cubic yards 120 150 120 *Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 1 153 GREAT WESTERN RECLAMATION RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP. APARTMENT BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq Rates July 1, 1993 January 1, 1994 July 1, 1994* 1YD 1X 54 48 48 50 2X n/a 88 88 90 3X n/a 128 128 130 4X n/a 168 168 170 5X n/a 208 208 210 6X n/a 258 258 260 2YD 1X 80 48 48 55 2X 125 86 86 100 3X 164 124 124 145 4X 203 162 162 190 5X 239 200 200 235 6X 277 253 253 280 3YD 1X 110 68 68 80 2X 159 116 116 140 3X 203 164 164 200 4X 247 212 212 260 5X 292 260 260 320 6X 332 333 333 405 4YD 1X 141 76 76 95 2X 193 134 134 165 3X 245 194 194 235 4X 297 252 252 305 5X 348 310 310 375 6X 398 403 403 480 * Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 2 F 154 BROWNING-FERRIS INDUSTRIES RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP APARTMENT BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq Rates July 1, 1993 January 1, 1994 July 1, 1994* 1YD 1X 54 42.69 44.38 45.95 2X n/a 76.88 80.26 83.41 3X n/a 111.07 116.14 120.86 4X n/a 145.26 152.01 158.32 5X n/a 179.45 187.89 195.77 6X n/a 213.64 223.77 233.23 2YD 1X 80 54.33 57.71 60.86 2X 125 98.77 105.52 111.83 3X 164 143.20 153.34 162.79 4X 203 187.64 201.15 213.76 5X 239 232.07 248.96 264.72 6X 277 276.51 296.77 315.68 3YD 1X 110 65.98 71.05 75.77 2X 159 120.66 130.79 140.25 3X 203 175.34 190.54 204.72 4X 247 230.02 250.28 269.19 5X 292 284.70 310.03 333.67 6X 332 339.38 369.77 398.14 4YD 1X 141 77.62 84.38 90.68 2X 193 142.55 156.06 168.67 3X 245 207.47 227.74 246.65 4X 297 272.40 299.42 324.63 5X 348 337.32 371.09 402.62 6X 398 402.24 442.77 480.60 * Rates for years 2 through 5 are subject to cost of living adjustments and passthroughs of landfill increases. Exhibit 2 155 2 5 r. WESTERN WASTE INDUSTRIES RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP APARTMENT BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq Rates July 1, 1993 January 1, 1994 July 1, 1994* lYD 1X 54 50 55 60 2X n/a 75 83 90 3X n/a 100 111 120 4X n/a 125 139 150 5X n/a 150 167 180 6X n/a 175 195 210 2YD 1X 80 70 75 80 2X 125 105 113 120 3X 164 140 151 160 4X 203 175 189 200 5X 239 210 227 240 6X 277 245 265 280 3YD 1X 110 - 90 95 100 2X 159 135 143 150 3X 203 180 191 200 4X 247 225 239 250 5X 292 270 287 300 6X 332 315 335 350 4YD 1X 141 110 115 120 2X 193 165 173 180 3X 245 220 231 240 4X 297 275 289 300 5X 348 330 347 360 6X 398 385 405 420 * Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 2 25F 156 GREAT WESTERN RECLAMATION RESPONSES TO REFUSE COLLECTION AND RECYCLING REP COMMERCIAL/INDUSTRIAL BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994* 1YD 1X 54 38 38 40 2X n/a 68 68 70 3X n/a 98 98 100 4X n/a 128 128 130 5X n/a 158 158 160 6X n/a 198 198 200 2YD 1X 80 40 40 45 2X 125 73 73 80 3X 164 106 106 115 4X 203 139 139 150 5X 239 172 172 185 6X 277 215 215 235 3YD 1X 110 58 58 65 2X 159 101 101 120 3X 203 144 144 175 4X 247 187 187 230 5X 292 230 230 285 6X 332 293 293 365 4YD 1X 141 68 68 85 2X 193 123 123 155 3X 245 178 178 225 4X 297 233 233 295 5X 348 288 288 365 6X 398 373 373 470 * Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 3 F 157 BROWNING-FERRIS INDUSTRIES RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP COMMERCIAL/INDUSTRIAL BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994* 1YD 1X 54 40.33 41.62 42.84 2X n/a 72.15 74.75 77.17 3X n/a 103.98 107.87 111.51 4X n/a 135.80 141.00 145.85 5X n/a 167.63 174.12 180.18 6X n/a 199.45 207.25 214.52 2YD 1X 80 49.61 52.20 54.63 2X 125 89.31 94.51 100.76 3X 164 129.02 136.81 145.49 4X 203 168.72 179.12 190.22 5X 239 208.43 221.42 234.94 6X 277 248.14 263.72 279.67 3YD 1X 110 58.89 62.78 67.82 2X 159 106.47 114.27 122.94 3X 203 154.06 165.75 178.06 4X 247 201.65 217.23 233.18 5X 292 249.23 268.72 288.30 6x 332 296.82 320.20 343.43 4YD 1X 141 68.17 73.36 79.61 2X 193 123.63 134.03 145.13 3X 245 179.10 194.69 210.64 4X 297 234.57 255.35 276.15 5X 348 290.04 316.02 341.66 6X 398 345.50 376.68 407.18 * Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 3 25F 158 WESTERN WASTE INDUSTRIES RESPONSES TO REFUSE COLLECTION AND RECYCLING RFP COMMERCIAL/INDUSTRIAL BIN RATES Current Bin Monthly Monthly Rate Monthly Rate Monthly Rate Size/Freq. Rates July 1, 1993 January 1, 1994 July 1, 1994* 1YD 1X 54 50 55 60 2X n/a 75 83 90 3X n/a 100 111 120 4X n/a 125 139 150 5X n/a 150 167 180 6X n/a 175 195 210 2YD 1X 80 70 75 80 2X 125 105 113 120 3X 164 140 151 160 4X 203 175 189 200 5X 239 210 227 240 6X 277 245 265 280 3YD 1X 110 90 95 100 2X 159 135 143 150 3X 203 180 191 200 4X 247 225 239 250 5X 292 270 287 300 6X 332 315 335 350 4YD 1X 141 110 115 120 2X 193 165 173 180 3X 245 220 231 240 4X 297 275 289 300 5X 348 330 347 360 6X 398 385 405 420 * Rates for years 2 through 5 are subject to cost of living adjustments and passthrough of landfill increases. Exhibit 3 159 2 5F Imemo76� hmv°aarr poor brand lax trensmRle' r ,t 1,1 . faraPnie Gt 411. EX Dort• J� „ -- j7 �j ' w, hp - rat Saco(r,sly n,A..1'n;raoael m,rn 0107 PACIFIC REGIONAL OFFICE �I„:,ry9- 799080, hays Iv thttugh Mellen Amt(At)NA,WYilmiag[un,r)F. 250 ALMADEN* 9TH FL 2lnn5en SAN JOSE CA 95113 3799080 Stowing-14M a Sonya, 92 a ,...'k 9209101ARr CR, 111 BF! BROWNING-FERRIS INDUSTRIES P.U. BOX 3151 HOUSTON, TEXAS 77253 RATE 4 i. „AMO rr PAY ONE HUNDRED THOUSAND AND NO/100 +Gft 42/23/9:1o101 000'GO DOLLARS t=G+xatten********Ot-etteangOOStt _.__._.,,.._—.��_ ra>tr ...—..,. VCVq •FTEP 9C DAYS i 0107 + TO CITY OF SANTA ANA _ THE OflDEFl ADNINSTRATIVE SERVICES MGR. OF 101 WEST FOURTH STREET +',.' or SANTA ANA CA 92701 KRi79908001 1:03110Q0471: 2n927 077m. GI Brownian-Fonts Se,riyrr Auuesloienrul 0107 PACIFIC RC9T0.NAI. OFFICE BROWNING-FERRIS INDUSTRIES 150 ALMADEN* 9TH FL P.O. dOx 3151 HOUSTON, TEXAS 77253 SAN JOSE CR 9511.3 INVOICE NO. i. DATE.. VOUCHER I -GROSS AMOUNT - UISCUUNT NETAMOUNT REQ 02/22 010193 . 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P I '. 19' , IN t �SMA ,a,).54993 MT TO Mi8RNER Cf ,$y, . * * �r * * * R. *CiTI t}F',;SANTA Al11AA * ar # * �r aM * M; rM * * A -a4 * *,�1ilCe,p00,UO* * * * - .111;;;:q,„-„,` F a .may FH �A^'W xv Y1f1P d--5`1 - - ----to-r1",,.: w Iri 4n 2f hx4.G I.i 4blu '' '•; 'A M11,„,-.,,,,.pr, 'C A `4 c,,. N f 't3 ttu �y p,yn F P "d,".y . A auariv", I "'A' 1 �1R a r.91H'i$19b,0°t1610(,'VVIREQAF'IIR TM 4L7�/176 I Cashier's :Chet 1 fi'S ittdf.'S. , ., AULF* 112"FN:NAYFIRC a— tt/w 1'" 1- ' °uitiu ceusunnru� t 32941149 I;5 I R1• ,: arikg b ab o 411 S i a o'41+o i?0d 010 CF]Ota 59S 1,14. SE: IL E0--50--CEG1 MAYOR - ALL-AMERICA CITY 1982-83 Dan Young 1 I II' ' MAYOR PRO TEM la.A CITY MANAGER Miguel A.Pulido o. �_ David N. Ream COUNCILMEMI3ERS �✓ducationl 1 Sr CITY ATTORNEY Thomas E.Lulu Edward I. Cooper Lisa Mills CLERK OF THE COUNCIL Ted R Moreno Janice C.Guy Rick rt Rolmrt L. RL. Richardson CITY OF SANTA ANA PUBLIC WORKS AGENCY 101 W. Fourth Street,M21 P.O. Box 1988 Santa Ana,California 92702 February 12 , 1993 SUBJECT: ADDENDUM NO. 1 - RFP FOR SOLID WASTE COLLECTION AND RECYCLING Dear Prospective Contractors: The City of Santa Ana has prepared the following compilation of tonnage data for your use in preparing your proposals. The attached is the estimate of tonnages by type of container and by generator that the City utilized in preparing its SRRE. In addition, estimates of tonnages generated in 1992 are identified. The City has also identified the use of compactors in service in the City as follows: 49 customer-owned receivers 3 customer-owned self-contained compactors 2 contractor owned recycling receivers 9 contractor owned receivers 1 contractor owned self-contained compactor I am hopeful that this information will assist you in understanding the City' s refuse collection environment and in preparing your proposals. Sincerely, )4A--' . Teri Cable Administrative Services Manager mm N C N N. CO N N IA H 'O .COOi In ^ vIi O P .f W A v Co N N L a C co Yom` 8 0 S J A y. 4.. ' N O Y W N cc 07, � E� m �8 � o la O. g ' I- v c o c « 1a LI la J LI Y LI Ia v.0 OO O is, v. IA IA O O W1- ot. pto N p 4 p �} 'p N MgA J CM MN r. 2 '- r e. • 4-4I- U U W -I J aL. n a n W Y[ l4- VI 2 L a C U. w z m T. at et o n T N CI 0 -CI 11) T' J ✓ v VI y O 4 J ,pp Oy 4 U Q< 4 m LL E a CO N y VI O a pCn ppE 8 ccLL N u. 0 O O pOp O A CO N Np to W W O M F- O rn M co In O A A on N V Q O� ^ o A P .t .1� N CO M �p J L a C N C O 4.- U N n ry 4• A w N w• • N m m CO A o 1 i O O O J L J ~ L C -2 y J Y O 3a �E N N Y CO 0 CO O N O o N O N •- x U S U U 0 0 4 REQUEST FOR PROPOSALS CITY OF SANTA ANA MUNICIPAL SOLID WASTE COLLECTION & RECYCLING JANUARY, 1993 The City of Santa Ma, California, requests proposals for collection of municipal solid waste. Copies of the Request for Proposal package may be obtained for a non-refundable fee of$25.00 from: Ted Cable Administrative Services Manager 101 West Fourth Street Santa Ana, CA 92701 Packages will be available on January 15, 1993. A mandatory pre-proposal conference will be held on January 22, 1993, at 2:00 p.m. in the 4th Floor Conference Room at 101 West Fourth Street, Santa Ma, California. Proposals will be received at 101 West Fourth Street, Santa Ana, California, until 3:00 p.m. on March 8, 1993. For further information, contact Teri Cable at the above address, or call 714/647-5658 (Fax: 714/647-5622) CITY OF SANTA ANA, CALIFORNIA Request for Proposal January 15, 1993 TABLE OF CONTENTS Section Description Page A Summary of Request for Proposals 1 B Description of Waste Management System 2 B.1 Demographics B.2 Current Solid Waste Collection System B.2.1 Curbside Collection B.2.2 Bin Service Collection B.2.3 Roll-off Collection B.2.4 Temporary Roll-Off Service B.2.5 City Services Collection B.2.5.1 Bin Service Collection for the City B.2.5.2 Roll-Off Collection for the City B.3 Available Disposal Capacity B.4 Estimated Waste Generation &Composition B.5 Billing Responsibilities C Scope of Services & Program Requirements 6 C.1 City Goals &Objectives C.2 General Program Requirements C.3 Basic Solid Waste Collection Services to be Provided C.3.1 Curbside Service C.3.2 Bin Service C.3.3 Roll-off Service C.3.4 Curbside Bulky Item Pickup C.3.5 Arterial Solid Waste Collection C.3.6 City Services C.4 Emergency Services C.5 Recycling Program Requirements C.5.1 Implementation Schedule TABLE OF CONTENTS (continued) Section Description Page C.6 Processing Facility Requirements C.6.1 Facility Requirements C.6.2 Documentation of Facility Processing & Diversion Capacity C.6.3 Weighing of Materials C.6.4 Processing Facility Regulatory Compliance C.7 Yard Waste Diversion Program Requirements C.7.1 General Yard Waste Program Requirements C.7.2 Implementation Schedule C.8 Public Education Program C.9 SRRE Consultant C.10 City Responsibilities C.10.1 City Representative C.10.2 Disposal Capacity Allocation C.10.3 Coordination with Street Sweeping Operation D Key Contract Terms, Service Conditions, & Performance 16 Requirements D.1 Exclusiveness of Agreement D.2 AB 939 Indemnification D.3 Service Conditions D.3.1 Frequency of Collection D.3.2 Hours of Collection D.3.3 Holidays D.3.4 Prohibition of Multiple Vehicles D.3.5 Prohibition Against Commingling with Other Jurisdictions D.3.6 Collection Points &Requirements D.3.7 Standards for Collection Service, Equipment, &Noise D.3.8 Maintenance of Bins &Roll-off Boxes D.3.9 Disposal Requirements D.3.10 Customer Service D.3.11 Service Recipient Complaints & Inquiries D.3.12 Media Relations D.3.13 Reporting Requirements D.3.14 Legal Compliance D.3.15 Municipal Code Compliance D.3.16 Affirmative Action D.4 Contract Length D.4.1 Base Term of Contract D.4.2 Optional Contract Extension TABLE OF CONTENTS (continued) Section Description Page E Request for Proposal Process 24 E.1 Time Schedule E.2 RFP Questions E.3 Pre-Proposal Conference E.4 Proposals Submittal E.4.1 Preparation Guidelines E.4.2 Submittal Date E.4.3 Number of Proposal Copies & Delivery Requirements E.5 Proposal Evaluation & Interviews E.5.1 Proposal Evaluation Criteria E.5.1.1 Exceptions to Franchise Agreement E.5.1.2 Procedural Compliance E.5.1.3 Technical E.5.1.4 Start-up/Transition Capability E.5.1.5 Service Cost E.5.1.6 Organization E.5.1.7 Legal Compliance E.5.1.8 Financial Stability& Reporting E.5.1.9 Risks &Contractual Obligations E.5.1.10 Affirmative Action Commitments E.5.2 Interviews/Selection Process E.6 General Terms E.6.1 Proposal Development Costs E.6.2 Proposal Deposit E.6.3 Procurement Fee E.6.4 Performance Bond E.6.5 Rights of the City E.6.6 Consequence of Submission of Proposal E.6.7 Examination of Proposal Materials E.6.8 Rejection of Proposal for Proposal Inaccuracies E.6.9 Interpretation F Instructions for Preparing the Technical Proposal 31 F.1 Technical Proposal Format F.2 Technical Proposal Content F.2.1 Executive Summary F.2.2 Description of Proposed Basic Services F.2.3 Description of Proposed Emergency Services TABLE OF CONTENTS (continued) Section Description Page F.2.4 Implementation Plan F.2.5 Organization F.2.5.1 Details of Ownership of Contractor F.2.5.2 Staffing Plan F.2.5.3 Key Personnel F.2.6 Qualifications of Contractor F.2.7 Risks &Contractual Obligations F.2.8 Exceptions F.2.9 Litigation F.2.10 Contractor's Financial Data G Cost Proposal 37 G.1 Cost Proposal Content&Format G.2 Proposed Compensation to Contractor G.2.1 Compensation for Providing Basic Services G.2.1.1 Monthly Rate- Curbside Service G.2.1.2 Monthly Rate- Bin Service G.2.1.3 Roll-Off Services G.2.1.4 Additional Services G.2.1.5 Revenue from the Sale of Recyclables G.3 Emergency Services G.4 Cost Proposal Forms G.5 Compensation Adjustments SECTION A SUMMARY OF REQUEST FOR PROPOSALS (RFP) The City of Santa Ana, California (City) is soliciting proposals for a Contractor to provide collection, transportation, recycling, diversion, and disposal of all solid waste generated, produced or accumulated in the City as described in Section C. These services will be performed in accordance with Section D and the attached Agreement. Proposals are solicited from Contractors with demonstrated experience and qualifications in providing collection, transportation, processing, recycling, diversion and disposal services such as those described in this RFP. The Contractor must demonstrate not only a technical ability to perform the required services, but must be able to demonstrate competency in providing quality customer services. A description of the RFP process is contained in Section E. The City has chosen to solicit Technical and Cost Proposals separately. Detailed instructions for completing the proposals are provided in Section F for the Technical Proposal and Section G for the Cost Proposal. The City currently provides collection services under an exclusive agreement that expires June 30, 1993. The purpose of this RFP is to select a firm that will provide these services commencing July 1, 1993, and terminating June 30, 1998, with a City option for a two year extension. The Contractor will be compensated for its services in accordance with the methodology described in Section G of this RFP. Under the Agreement, the Contractor shall have the exclusive duty, right and privilege to collect, transport, process, recycle, divert by means of composting, mulching and/or transformation, retain and dispose of all solid waste generated or accumulated within the City subject to the exceptions noted in the proposed draft Agreement. Page 1 SECTION B DESCRIPTION OF WASTE MANAGEMENT SYSTEM B.1 DEMOGRAPHICS The City of Santa Ana is located in central Orange County. According to the 1990 Census, the population of Santa Ana is approximately 294,000. The ethnic composition is approximately 65.2% Hispanic, 23.1% Anglo, 9.1% Asian, 2.2% Black, and 0.4% Other. This population lives in approximately 75,000 dwelling units, with an average household size of 3.9 persons. The median income is $33,320 per household. The population is contained within an area of 27.2 square miles. Attached is a map of the City showing the City's designated land uses (Attachment 1) 13.2 CURRENT SOLID WASTE COLLECTION SYSTEM B.2.1 Curbside Collection Weekly curbside solid waste collection service in Santa Ana is mandatory. According to City records, there are 40,030 single-family and small businesses currently receiving curbside solid waste collection services. The City bills all curbside residential and commercial customers a flat monthly fee of$11.86 per month, of which $1.41 is retained by the City for administrative expenses, $0.74 is retained by the City to offset future program costs, and $9.71 is paid to the Contractor. The number of customers by service category are shown below: Customer Category # Customers Single family residences 34,149 Duplex units 3,494 Tri-plex units 744 Commercial/professional units 970 Apartment✓four-plex units Ea Total 40,030 The City's current Contractor runs 19 curbside routes per day utilizing 3 axle, 38 cubic yard front loader trucks. Each route has a crew size of one person. B.22 Bin Service Collection Collection of multi-family residential solid waste is presently combined with commercial/industrial collection. A minimum of once-per-week collection service is mandatory. According to the Contractor's records, there are 2,112 residential bins and 4,183 commercial/industrial bins serviced in the City. The current rates and number of customers by service category are as follows: Page 2 Bin Size Pickups Monthly # Residential # Commercial/Industrial in Yards Per Week Rate Bins Bins 1 YD 1 $54 24 8 1YD 2 80 1 0 2 YD 1 80 293 615 2 YD 2 125 191 160 2 YD 3 164 48 41 2 YD 4 203 4 11 2 YD 5 239 2 9 2 YD 6 277 8 4 3 YD 1 110 180 806 3 YD 2 159 427 724 3 YD 3 203 570 550 3 YD 4 247 173 86 3 YD 5 292 5 366 3 YD 6 332 53 227 4 YD 1 141 8 149 4 YD 2 193 14 92 4 YD 3 245 55 168 4 YD 4 297 42 0 4 YD 5 348 1 100 4 YD 6 398 9 67 TOTAL: 2,112 4,183 Bin service is billed and collected by the contractor. The current Contractor runs 22 bin services routes per day utilizing 3 axle, 38 cubic yard front loader trucks. Each route has a crew size of one person. The City has overcrowding problems, especially in the apartment areas. The City's Municipal Code requires a minimum of 1/2 cubic yard of bin capacity per multifamily dwelling unit per week which sometimes is inadequate and results in overflowing containers. The City plans to strengthen its ordinance to require additional service capacity in areas where overflowing solid waste occurs. B.2.3 Roll-off Collection Roll-off service is and will continue to be part of the exclusive service provided under the Agreement. The City's current Contractor runs seven (7) to twelve (12) roll-off routes per day and estimates 1,032 dumps per month. Page 3 B.24 Temporary Roll-Off Service Currently, temporary roll-off services are provided by several competing haulers. However, the City plans to notify haulers providing temporary services that they will no longer be able to provide such services five years after the date of notification, at which time all temporary roll-off service will become exclusive. It is the City's intention to provide such notification during 1993. Temporary roll-off box service will become exclusive sometime during 1998. B.2.5 City Services Collection B.2.5.1 Bin Service Collection for the City Presently the City's Contractor collects, transports and disposes of the following bins for City government operations: Number of Localism # of Bins Size in Cubic Yards, # of Weekly Pickups 4 1 2 1 18 1 3 1 11 1 3 2 3 1 3 3 1 1 3 5 2 1 4 3 4 2 3 2 1 2 4 2 1 3 3 2 1 4 3 2 46 B.2.5.2 Roll-Off Collection for the City Presently the City has roll-off service at three (3) locations - the City Zoo, Santa Ana Stadium and the City Yard. Collection from all three locations is handled on an "on call" basis. Estimated annual charges are $260,000 per year. No tonnage information is available. B.3 AVAILABLE DISPOSAL CAPACITY The City of Santa Ana disposes of its solid waste utilizing landfills owned and operated by the County of Orange. Based on County reports, no anticipated shortages in landfill capacity are anticipated during the term of the Agreement. Page 4 BA ESTIMATED WASTE GENERATION& COMPOSITION Santa Ana's Waste Characterization Study was performed in 1990 and provides estimates of tonnage generated, diverted and disposed of at County landfills. Copies of the study are included in the City's Source Reduction and Recycling Element which is available in the Clerk of the Council's Office. Based on a review of more current data, however, tonnage collected by the City's present Contractor between October 1, 1991 and September 30, 1992 are reported to be as follows: Curbside service: 94,692 tons Residential/Commercial bin service: 144,874 tons Roll-off service has not been recently reviewed. This tonnage is assumed to be approximately 93,920 tons per year, the same level as in 1990. B.5 BILLING RESPONSIBILITIES Customer billing of curbside solid waste service is the responsibility of the City and is collected as part of the City's municipal services bill every two months. The Contractor is paid by the City for curbside solid waste collection. All other services are billed to the customer by the Contractor. The Contractor must cooperate with the City in conducting route audits or other efforts related to verification of proper billing. Page 5 SECTION C SCOPE OF SERVICES AND PROGRAM REQUIREMENTS C.1 CITY GOALS& OBJECTIVES The City's solid waste collection goals are as follows: 1. To meet the requirements of the California Integrated Waste Management Act (CIWMA), including the waste diversion goals of 25% by 1995 and 50% by the year 2000, and any related subsequent legislation that may affect the City and its ability to meet these waste diversion goals. 2. To provide quality solid waste collection, transportation, recycling, yard waste diversion, and disposal services to the community. 3. To provide these services at competitive prices. The following program objectives have been identified: 1. Require contractor compliance with the State Integrated Waste Management Act and any related subsequent legislation and to receive full indemnification against any fines imposed upon the City for not meeting those goals. 2. Implement a recycling program for curbside, bin and roll-off service utilizing a Materials Recovery Facility to sort recyclable material from mixed solid waste. The City has decided to recycle utilizing a Materials Recovery Facility. Each Contractor (or consortium of Contractors) is required to provide directly or by subcontract its own facility for the processing and marketing of all recyclable solid waste collected under the contract. 3. Have the contractor collect all solid waste from each customer in a single collection vehicle. Separate vehicles will not be allowed to collect different types of materials. 4. Maintain the collection and processing of all solid waste under a single exclusive contract. (Temporary roll-off service will not be exclusive until 1998). 5. Improve removal and recycling of large items by offering two on-call curbside collections per year at no extra cost to the resident. 6. Implement a diversion program for yard waste collected from curbside service, bin, and roll-off service customers. In order to maximize diversion rates, it is anticipated that separation of yard waste from solid waste will become mandatory as of July 1, 1993. 7. Develop and maintain an ongoing public education program in English and Spanish. Page 6 8. Expand the City's arterial cleanup program. The City will provide approximately 200 solid waste containers on City arterials. The Contractor will be responsible for collecting solid waste from these containers as part of its regular route once per week. 9. Receive City bin and roll-off service free of charge, (including neighborhood cleanups). 10. Receive a 5% program surcharge fee on all multi-family, commercial/ industrial bin services, and exclusive roll-off services. The fee will also be applied to temporary roll-off service after which date the Contractor becomes the exclusive provider of such service. The fee will be calculated based on gross receipts received from bin service and roll-off service customers, including but not limited to basic collection service charges, additional service charges, and any other services provided exclusively by, and billed directly by, the Contractor. C.2 GENERAL PROGRAM REQUIREMENTS To the extent that the law will allow, and subject to the limitations of Public Resources Code, Sections 49520, et, seq., the Contractor shall collect all solid waste originating, generated and/or accumulated by any person within City boundaries, as they now exist or may hereafter exist, and shall transport, process, recycle, mulch, compost, transform, or and dispose of said solid waste. The services to be provided by Contractor under this program shall include the supervision, labor, materials, facilities, equipment, tools, expertise, and any other items necessary to perform the services described herein. All work shall be accomplished in a thorough and professional manner and in accordance with the terms of the attached Agreement. The scope of services includes processing of recyclable solid waste at one or more Materials Recovery Facilities (MRFs), and the marketing of those recyclables. Services are divided into two categories: Basic Services and Emergency Services. The Basic Services are those services which must be provided by the Contractor. Emergency Services are those services in addition to the Basic Services that the City, during periods of emergency, may direct the Contractor to provide. Compensation for provision of services is described in detail in Section G of this RFP. C.3 BASIC SOLID WASTE COLLECTION SERVICES TO BE PROVIDED The Contractor shall be required to provide the following solid waste collection services as part of the Basic Services. Page 7 Cal Curbside Service Customers Curbside Service shall mean solid waste collection from: • Each single family residential dwelling unit; • Each duplex dwelling unit; • Multi-family dwelling units that do not require bin service; and, • Commercial or professional curbside users which do not require bin service as determined by the City. Container Handling The containers receiving Curbside Service shall be replaced where found. Containers and lids thereof shall not be left in the street or on neighboring or adjoining premises. Trash containers shall not be thrown from the truck to the pavement or in any way damaged by unnecessary rough handling. C.3.2 Bin Service Bin Service shall mean solid waste collection service from containers of one, two, three, and four cubic yards, including the use of compactors with such bins. The Contractor will be responsible for determining the number of multi-family residential and commercial/industrial Bin Service customers and required service levels, and will be required to report this information to the City. Residential Bin Service Residential Bin Service shall mean all solid waste collected from multi-family residential buildings with three or more dwelling units receiving bin service, except that the City may waive such requirement for any residential building existing on January 1, 1972 upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. CommerciaUIndustrial Bin Service Commercial/Industrial Bin Service shall mean solid waste collection from commercial and industrial customers using bins, and public agencies other than the City of Santa Ana. C.3.3 Roll-off Service Roll-off Service shall mean solid waste collection from transportable containers of 10-cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll-off Service includes compactors which may be used with roll-off containers. Page 8 C.3.4 Curbside Bulky Item Pick-up The Contractor will be required to provide to all curbside service units curbside collection of bulky items such as couches, refrigerators, rugs, water heaters, and other items of solid waste, which Contractor is not required to collect during its regular weekly routes because of size or weight, as follows: (a) Upon request by a curbside service unit within the City, Contractor shall provide no more than two at-demand bulky item collections per year per curbside service unit at no additional cost. Each such curbside service unit is limited to a maximum of four (4) bulky items per pick-up request. Such collection services shall provide the opportunity of having large objects, and other solid waste which is not required to be picked up to be properly processed. Requests by curbside service customers for such collections shall be made directly to the Contractor who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by Contractor within a reasonable time but no more than five (5) working days after such a request is received. (b) Contractor shall provide assistance in the removal of bulky items on private property to senior citizens and the disabled. C.3.5 Arterial Solid Waste Collection The Contractor will be required to collect all solid waste placed in City owned solid waste containers, not including bus shelter solid waste containers, on arterial streets within the City at least one time per week. Further, it shall be Contractor's responsibility to collect all solid waste in the area immediately within ten feet of an identified City owned solid waste container. The City will provide the Contractor with a list identifying City solid waste containers. The list may be modified from time to time as deemed necessary by the City, provided, however, that the total number of City containers from which solid waste is to be collected does not exceed 200 30-gallon containers during fiscal year 1993-1994. Contractor shall coordinate collection of such solid waste with the City so as to ensure collection of such solid waste at the appropriate times for the City. C.3.6 City Services City Services shall mean solid waste collection service from City government operations and City sponsored neighborhood cleanups. Contractor shall collect, transport, recycle, divert, and dispose of all solid waste which is generated by City government operations at no charge to the City. The City shall provide Contractor with a list of locations of bins and/or roll-off boxes from which such solid waste shall be collected. Said list may be modified by time to time by the City. Solid waste generated by such City operations shall be collected by Page 9 Contractor on a schedule provided to Contractor by the City which schedule shall be approved between the Contractor and the City. Contractor shall collect, transport, recycle, divert, and dispose of all contractor- supplied roll-off boxes for City sponsored neighborhood cleanups free of charge. The number of roll-off boxes to be so provided shall not exceed one hundred and sixty five (165) during fiscal year 1993-1994. The number of roll-off boxes to be supplied may increase each year thereafter by ten (10%) per cent, with odd numbers to be rounded up. C.4 EMERGENCY SERVICES Emergency Services will be those services identified by the City, and requiring Contractor's attention within four (4) hours of notification by the City (e.g., services needed following natural disasters like earthquakes). Emergency Services may entail loading, collecting and hauling solid waste, construction, demolition and/or large items. Cost Proposals for emergency services will be requested per vehicle hour for roll-off and bin service utilizing a two-person crew. The Contractor will be compensated separately for services provided under this provision. C.5 RECYCLING PROGRAM REQUIREMENTS The Contractor shall be required to process solid waste at a material recovery facility (MRF) and recover recyclables in accordance with the City's planned diversion goals. Specific requirements for the MRF are described in Section C.6. C.5.1 Implementation Schedule Contractor shall be responsible for the processing of all solid waste pursuant to the following schedules: Curbside Service Commencing on July 1, 1993, Contractor shall be required to process at a MRF at least one third (1/3) of all solid waste collected by the Contractor from curbside service units within the City; and, effective on January 1, 1994, contractor shall be required to process two thirds (2/3) of all solid waste collected by the Contractor from curbside service units within the City; and, finally commencing July 1, 1994 and for the duration of the term of the Agreement, the Contractor shall be required to process at a MRF all solid waste collected by it from curbside service units within the City. Bin Service Commencing on July 1, 1993, Contractor shall be required to process at a MRF at least one third (1/3) of all solid waste collected by the Contractor from its bin service customers within the City. Effective on January 1, 1994, Contractor shall be required to process two thirds (2/3) of all solid waste collected by Contractor from its Page 10 bin service customers within the City; and, finally, commencing on July 1, 1994 and for the duration of this Agreement, Contractor shall be required to process at a MRF all solid waste collected by Contractor from its bin service customers within the City. Roll-Off Service Commencing on July 1, 1993, Contractor shall be required to process at a MRF at least one third (1/3) of all solid waste collected by the Contractor from its roll-off service customers within the City. Effective on January 1, 1994, Contractor shall be required to process two thirds (2/3) of all solid waste collected by Contractor from its roll-off service customers within the City; and, finally, commencing on July 1, 1994 and for the duration of this Agreement, Contractor shall be required to process at a MRF all solid waste collected by Contractor from its roll-off service customers within the City. C.6 PROCESSING FACILITY REQUIREMENTS C.6.1 Facility Requirements The Contractor will provide or subcontract for processing facility capacity and the resources necessary to prepare all recyclables for market, and will market or subcontract for marketing of the prepared recyclables. The Contractor shall establish a site for its waste processing facility(ies), and any ancillary facilities including: storage, transfer, and locations for sale or disposition of recycled materials if applicable. Establishment of the site may include purchasing, leasing, sub-contracting, or other arrangements with a new or existing facility. Ownership or leasing shall be the responsibility of the Contractor. The Contractor will ensure that any facility is fully permitted, and operated and in compliance with all applicable laws and regulations. C.6.2 Documentation of Facility Processing&Diversion Capacity The Contractor must supply documentation acceptable to the City to demonstrate: 1) It has all applicable permits. 2) Proof of guaranteed MRF capacity to process the City's solid waste. 3) The facility will divert 25% of the City's waste by 1995 and 50% by 2000, in accordance with the City waste diversion plans. Materials will only count as being diverted if such diversion is allowed by the California Integrated Waste Management Act or any related legislation. 4) The facility will be capable of recovering materials of sufficient quality to ensure the marketability of these materials. Page 11 C.6.3 Weighing of Materials The processing facilities shall be capable of weighing all incoming and outgoing material. Outgoing material includes both recovered materials and residue to be landfilled. Contractor must develop a system to ensure that outgoing recyclables collected under this program are accurately tracked by material type, such as newsprint, plastics, aluminum, metals, office paper, and other reporting categories to be approved by the City. Contractor must either: 1) Keep material collected under this program separate and weigh each material separately by material type; or, 2) Provide a verifiable system, subject to the approval of the City, for determining the amount of each material type recovered from waste generated within Santa Ana. The Contractor will be responsible for ensuring that the scales are Weigh Master certified and maintained in accurate working order . Any proposal which does not include an acceptable and verifiable method for consistently identifying the amount by weight of each commodity recycled will be considered non-responsive. The City reserves the right to have one or more City employees audit scales or other points of verification at the Contractor's processing facility. C.6.4 Processing Facility Regulatory Compliance The Contractor shall process all such solid waste in compliance with the City's Source Reduction and Recycling Element ("SRRE") and California Integrated Waste Management Act (CIWMA). Contractor shall transport all solid waste collected by the Contractor within the City boundaries to a fully permitted Materials Recovery Facility ("MRF"), which MRF shall be acceptable to the City. All solid waste transported to said MRF shall be processed and recyclables shall be recovered in accordance with the City's waste diversion requirements so as to comply with the City's SRRE and the CIWMA. In the event that the MRF approved by the City is not operated by the Contractor, Contractor will be responsible to subcontract for the use of such a facility so as to ensure the City's compliance with the City's SRRE and the CIWMA. C.7 YARD WASTE DIVERSION PROGRAM REQUIREMENTS The contractor shall develop and implement a yardwaste diversion program in accordance with the City's SRRE that will meet its waste diversion goals. Page 12 C.7.1 General Yard Waste Program Requirements The Contractor shall cause any and all segregated yard waste collected by Contractor within the City which is capable of being composted, mulched, or transformed to be diverted from landfills. City shall require the separate bagging of yard waste by all curbside, bin and roll-off customers. Such requirements will be effective July 1, 1993. Such yard waste shall be processed at a fully permitted composting, mulching, or transformation facility pursuant to the schedules below. Contractor shall have access to a composting, mulching, or transformation facility acceptable to the City by July 1, 1993 when diversion of City's yard waste is to commence. Contractor shall be responsible to ensure that the yard waste it collects is processed in compliance with CIWMA. C.7.2 Implementation Schedule Yard Waste Diversion From Curbside Customers Contractor shall be required to divert from landfill disposal all segregated yard waste which is collected by Contractor from curbside service units and processed at a MRF according to the schedule identified in Section C.5.1. Yard Waste Diversion From Bin Service Customers Contractor shall be required to divert from landfill disposal all segregated yard waste which is collected by Contractor from its bin service customers and processed at a MRF according to the schedule identified in Section C.5.1. Yard Waste Diversion from Roll-Off Service Customers Contractor shall be required to divert from landfill disposal all segregated yard waste which is collected by Contractor from its roll-off service customers and processed at a MRF according to the schedule identified in Section C.5.1. C.8 PUBLIC EDUCATION PROGRAM The Contractor shall be responsible for the provision of public education services, as provided in the City's SRRE. These services shall include, but are not limited to, the following items: (a) the production and distribution of a pamphlet containing trash regulations and holidays to all customers and curbside service units on an annual basis, and to all new service starts at service initiation; (b) the production and distribution to all customers of pamphlets concerning source reduction, recycling and/or yard waste diversion on an annual basis, and to all new service starts at service initiation; (c) the performance, as needed, of community presentations on source reduction, recycling and yard waste diversion, including the production of all presentation materials; Page 13 (d) the provision, as necessary, of technical assistance in the areas of source reduction, recycling and yard waste diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; and, (0 cooperation in the production of an integrated waste management video for use by the City. This list may be reasonably modified from time to time as deemed necessary and appropriate by the City. The Contractor shall be required to work with the City in the preparation and production of the public education services listed and to proceed in the rendering of such services as the City determines appropriate. All public education materials produced by the Contractor shall be reviewed and approved in writing by the City prior to printing and distribution. All materials produced are to be made available in English and Spanish. All materials will be professionally printed on paper stock with maximum recycled content. C.9 SRRE CONSULTANT Contractor will be required to provide consultant services as necessary to modify the City's SRRE s required by either the County of Orange AB 939 Local Task Force or the State of California. The consultant to perform such services shall be provided upon request by the City and shall be subject to final approval of the City. The Contractor shall be responsible for a maximum cost for such services of twenty thousand ($20,000.00) dollars per fiscal year. Any costs incurred by the Contractor for services approved by the City which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the responsibility of the City. C.10 CITY RESPONSIBILITIES C.10.1 City Representative The City will designate a City employee to manage the solid waste collection program and to serve as contract administrator. C.10.2 Disposal Capacity Allocation The City will be responsible for designating disposal locations to be used by the Contractor and ensuring access to adequate landfill disposal capacity. Page 14 C.10.3 Coordination with Street Sweeping Operation The City will coordinate with the Contractor to ensure that solid waste collection is compatible with the City's street sweeping operation. The Contractor will be required to complete their designated routes each day so as not to interfere with the street sweeping schedule. Street sweeping is currently provided to residential and industrial neighborhoods once per week, to arterials twice per week and to the downtown business area nightly. This schedule may or may not be changed at some point in the future. Page 15 SECTION D KEY CONTRACT TERMS, SERVICE CONDITIONS, &PERFORMANCE REQUIREMENTS This section highlights certain service conditions, performance standards, and key contract requirements. However, there are many other important terms, conditions, and requirements as specified in the attached Agreement and the City's Municipal Code, and it is the responsibility of the Contractor to review all applicable rules, regulations, contract terms, and service conditions and requirements in the aforementioned documents, in addition to the information contained in this RFP. D.1 EXCLUSIVENESS OF AGREEMENT The Contractor shall have the exclusive duty, right and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all solid waste, as defined in the attached Agreement, generated and/or accumulated within the City, except as provided below. Contractor recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include construction or demolition solid waste which has accumulated or been generated at a temporary construction site and which is being disposed of in a roll-off container(s). (b) The Agreement shall not prohibit the persons who generate solid waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own solid waste so long as they dispose of such solid waste at a site permitted by the California Integrated Waste Management Board in accordance with all governing laws and regulations. (c) The Agreement shall not prohibit the persons who generate solid waste, or the persons who own the premises upon which solid waste has generated or accumulated, from: (1) selling their recyclable solid wastes to a recycler, or, (2) donating their recyclable solid wastes to a nonprofit charity registered with the Attorney General of the State of California; provided, however, that in both instances: (a) the person must personally segregate on its premises from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, processing or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. Page 16 (d) The Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the City from collecting yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. D.2 AB 939 INDEMNIFICATION Contractor will be required to guarantee to the City that Contractor will do each, every and all things required to ensure that all solid waste generated, produced or accumulated in the City which is collected by Contractor will at all times be in full compliance with all of the provisions of the City's SRRE, California Integrated Waste Management Act (CIWMA), and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the City harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such City and statutory requirements, provided, however, that Contractor shall not be responsible for the portion of any solid waste that is generated in the City and collected or disposed, or both, by other than Contractor. D.3 SERVICE CONDITIONS The contractor will be required to comply with the following service conditions and performance standards in performing services, in addition to all other terms and conditions included in the City's Municipal Code and attached Agreement. D.3.1 Frequency of Collection The Contractor will collect all solid waste from all areas of the City at least once each week and in addition will provide more frequent service for those customers using the bin or roll-off box services supplied by Contractor, if requested by a customer or if required by the City. D.3.2 Hours of Collection All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. Collections from commercial and industrial locations greater than 100 feet from residential units, may start at 3:00 a.m. and must terminate by 6:00 p.m. If complaints are received from such residential units, the City may direct pickup to begin at 6:00 a.m. Page 17 D.3.3 Holidays Where, on a given route, the day of collection would be a legal holiday, the contractor shall collect along the route on the work day next following said legal holiday. Legal holidays shall be New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. D.3.4 Prohibition of Multiple Vehicles All solid waste, including segregated yard waste and recyclables, are to be commingled and collected at the same time in one collection vehicle. The City will not allow separate trucks to pick up different types of materials. D.3.5 Prohibition Against Commingling with Other Jurisdictions Solid waste collected in the City of Santa Ana shall not be commingled in the Contractor's equipment with solid waste from any other jurisdiction, except in the event of any emergency vehicle breakdown, in which case a vehicle in a neighboring jurisdiction may complete the route of the vehicle which broke down. D.3.6 Collection Points&Requirements The Contractor shall not be required to collect solid waste from any curbside service unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in containers, packaged and otherwise prepared for collection in a manner prescribed by the City's regulations covering the same. The Contractor shall not be required to pick up and collect any material or matter which is not solid waste, or to pick up and collect any solid waste from curbside service units which does not comply with the following standards and limitations, provided that Contractor leaves notification with the customer explaining, in English and in Spanish, why the solid waste was not collected: (1) All solid waste shall be placed in containers adequate to eliminate overflow or contamination of surrounding areas; (2) Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceeding 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds unless collected with the assistance of mechanical devices; (3) Cardboard or wood cartons acceptable as temporary containers will be considered solid waste and will not be returned. Any cardboard or wooden carton which is not specifically used as a temporary container must be broken down, flattened down and tied in bundles with strong cord or wire heavy enough to act as a handle, or shall be placed in otherwise acceptable containers; Page 18 (4) Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. Any such bundle or items shall not exceed four feet in length, eighteen inches in thickness, or weigh in excess of 40 pounds; (5) Oil drums, grease drums and similar metal containers, paper grocery bags, broken wooden boxes and crates, broken or wet cardboard boxes, and containers with sharp, rough, or jagged edges which may hamper or injure the handler, are not acceptable as solid waste containers and will not be picked up or emptied; (6) Discarded household items, must be broken down and packaged in a size and to a weight easily handled by one man; (7) Large, heavy items not broken down, greater in dimension than four (4) feet in length and eighteen (18) inches in thickness and 50 pounds, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky items which may be disposed of under the City's Bulky item pickup. (8) All kitchen waste, ashes, hair clippings, floor sweeping and similar light materials must be securely wrapped to prevent spillage and to protect the public health and safety. Hot ashes will not be collected. The aforementioned size limitations do not apply to Christmas trees properly placed for collection. Any small business or professional business receiving curbside collection is subject to a maximum of 200 pounds per week (including containers). D.3.7 Standards for Collection Service,Equipment,&Noise (a) Equipment used by the Contractor for the collection and hauling of solid waste shall be painted and clean. All collection equipment used must be operated safely and maintained in good mechanical condition. (b) It is the declared interest of the City that the Contractor be able to provide a variety of sizes of bin, including 1 through 4 cubic yard bins, and roll-off box containers, including 10, 20 and 40 yard roll-off boxes to meet the capacity requirements of commercial and residential bin and roll-off box users. (c) No material shall be permitted to leak, fall or be spilled on City streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned. (d) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the Contractor who are Page 19 unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable City ordinance in the collection of said materials shall be dismissed. (e) The Contractor shall make available to the City sufficient equipment and personnel to ensure that service remains uninterrupted during the life of the Agreement. (f) All loads shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated while on the route in such a manner as to prevent solid waste from escaping the vehicle. Any spillage of materials which occurs during the collection function shall be immediately cleaned up by the Contractor at its expense. (g) Contractor shall equip all collection vehicles with informational displays. The City shall advise Contractor as to the messages which should be displayed. The City may, at it's option, have the messages to be displayed changed once per year. (h) The failure of the Contractor to pick up solid waste which has been set out in the proper manner shall be considered a missed pick-up, and the Contractor shall collect the material from the service recipient within twenty-four (24) hours of the Contractor's receipt of notification of the missed pick-up. If the Contractor is notified of a missed pick-up by 9 a.m. the following business day, the missed pick-up will be collected that same day. The Contractor shall maintain a written record of all calls related to missed pick-ups and the service response provided by the Contractor. Such records shall be made available for inspection upon request by the City. In the event the Contractor fails to collect the missed pick-up within twenty- four (24) hours of receipt of notice, the City or its agents may collect and transport the material and the Contractor shall reimburse the City for all costs so incurred by the City. D.&8 Maintenance of Bins&Roll-off Boxes Bins and roll-off boxes provided by Contractor shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible housekeeping conditions. Bins and roll-off boxes supplied by the Contractor shall, at all times, be maintained by contractor in a well-kept appearance and shall be marked with reflectorized material where such bins and/or roll-off boxes are or may reasonably be expected to be located in the public right-of-way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and roll-off boxes; provided, however, Contractor shall provide in it's agreements with it's customers for a bin or roll-off box cleaning service, including painting either as needed, at the request of the customer or at the request of the City, at a fee specified in such contract. Page 20 Contractor shall cause to have graffiti removed from bins within two (2) business days and from roll-off boxes within five (5) business days of a request by City to do so. Failure to remove the graffiti within the required timeframes shall result in payment by the Contractor to the City of a fine in the amount two hundred dollars ($200.00) per container. Contractor may charge the user of a bin or roll-off box which requires such graffiti removal a charge of not more than twenty five ($25.00) dollars per incident. D.3.9 Disposal Requirements Contractor shall be required to dispose of any and all solid waste which is not recycled or composted at a legally authorized disposal site(s) as designated by the City. If Contractor is directed by the City to dispose of said solid waste at a location other than the County of Orange's disposal site, the Contractor and the City agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Da10 Customer Service The Contractor's office shall be accessible by a local or toll-free telephone number. The Contractor's office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. daily, except Sundays and holidays. The Contractor shall have an answering machine in operation after normal business hours, on Sundays and holidays thus enabling the public to leave a message. The Contractor shall have the capability of responding to the public in English and Spanish during office hours. A representative of the Contractor shall be available during office hours for communication with City's representatives or the public at the Contractor's principal office. D.3.11 Service Recipient Complaints and Inquiries During office hours, the Contractor shall maintain customer support personnel who will handle all incoming complaints. The Contractor shall record all complaints and communications, including date, time, complainant's name and address if the complainant is willing to give this information, and nature and date and manner of resolution of complaint, in a daily log maintained by the Contractor and shall deliver a copy of the log to the City on a quarterly basis. However, the City reserves the right to require the Contractor to deliver or send via telephone facsimile, such records to the City within twenty four (24) hours of receipt thereof. The Contractor shall be responsible to resolve such complaints within two (2) business days and shall be required to report in writing to the City as to the action taken to resolve each complaint. D.3.12 Media Relations The Contractor shall notify City by facsimile of all requests for news media interviews related to the city's solid waste collection program within twenty-four Page 21 (24) hours. Before responding to any inquiries involving controversial issues, Contractor will discuss the proposed response with City. Notification should be sent to: Administrative Services Manager Public Works Agency FAX (714)647-5622 Telephone: (714)647-5658 Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least two (2) working days in advance of release. Copies of articles resulting from media interviews or news releases shall be provided to the City within two (2) days after publication. D.3.13 Reporting Requirements Contractor shall provide any reports requested by the City, within thirty (30) days of request, regarding collection, processing, and disposal activities, including but not limited to customer lists; container sizes, locations, and frequency of collection; solid waste quantities collected, recycled, diverted, or disposed; financial information, including revenues and costs by service type; and any other information requested by the City relating to operations within the City during the term of this Agreement. Additionally, the Contractor shall prepare and report all information that may be required for the City to meets its reporting obligations under the California Integrated Waste Management Act. D.3.14 Legal Compliance All components of the system proposed in response to this RFP shall comply with all Federal, State, and local laws, statutes, ordinances, rules, and regulations. D.3.15 Municipal Code Compliance The Contractor shall be familiar with and operate in compliance with the applicable sections of the Santa Ana Municipal Code (SAMC). The Contractor and its employees are subject to criminal and civil prosecution for operating in violation of the SAMC individually and as a corporation. D.3.16 Affirmative Action Contractor, in the performance of its obligations, covenants that it will comply with all applicable local, State, and Federal laws pertaining to nondiscrimination and affirmative action. Page 22 D.4 CONTRACT LENGTH D.4.1 Base Term of Contract The City is soliciting proposals for a five-year contract term beginning July 1, 1993 and ending June 30, 1998 with collection services to begin July 1, 1993. D.4.2 Optional Contract Extension The City, at its sole option, may extend the contract on the same terms and conditions for up to two years. In such case, the City shall notify Contractor of its intent on or before May 1, 1997. The extension process will be elaborated upon in the draft Agreement. The Contractor must respond to this request for contract extension within sixty (60) days of said notification or the request shall be withdrawn. The criteria for evaluating the desirability of a contract extension will include but not be limited to an assessment of the Contractor's performance to date in providing services in accordance with the Agreement. Page 23 SECTION E REQUEST FOR PROPOSAL PROCESS Ed TIME SCHEDULE The anticipated schedule for the procurement process is as follows: Activity Date 1) Issue Request for Proposals January 15, 1993 2) Written questions due January 21, 1993 3) Mandatory Pre-Proposal Conference January 22, 1993 4) City sends written responses to questions January 29, 1993 5) Technical and Cost Proposals due March 8, 1993 6) City conducts interviews (optional) March 15 - March 19, 1993 7) City completes evaluation March 19, 1993 8) City may solicit additional information. March 23, 1993 9) Forwards recommendation to City Council April 5, 1993 10) Start of service July 1, 1993 E.2 RFP QUESTIONS Except at the Pre-Proposal Conference, questions relating to the RFP shall be directed in writing to Teri Cable, Administrative Services Manager or her designee. All responses and communications from the City to the Contractors shall be in writing and shall be transmitted in return receipt registered mail (e.g., certified mail or Federal Express). In addition to, but not in lieu of, the City strongly urges all Contractors to send written communications or questions by facsimile in order to expedite the drafting of responses; the City will similarly send written responses or communications by facsimile. Any communication from the City to a Contractor will be transmitted simultaneously to all Contractors along with written questions submitted. Questions must be submitted in writing in accordance with the Schedule above, or be asked at the Pre-Proposal Conference. No questions will be accepted subsequent to the Pre-Proposal Conference. Questions will be answered to the degree possible at Page 24 the Pre-Proposal Conference. Written answers will be provided to each Contractor attending the Pre-Proposal Conferences. ES PRE-PROPOSAL CONFERENCE One mandatory Pre-Proposal Conference will be held: Where: The Public Works Agency 101 W. Fourth Street Fourth Floor Conference Room When: 2:00 p.m. Friday, January 22, 1993 Attendance at the Pre-Proposal Conference is mandatory for all Contractors. Contractors whose representative(s) do not attend the Pre-Proposal Conference will not be allowed to continue in this RFP process, and their proposals, if submitted, shall be disqualified. If a joint proposal is to be submitted, a representative from each firm with a substantial interest (representing more than thirty-three (33) percent of the total interest) must attend the Pre-Proposal Conference. E.4 PROPOSALS SUBM1'n'AL E.4.1 Preparation Guidelines 1) Proposals must be typed, prepared on 8-1/2" x 11" paper, stapled or bound, and sealed. Oversized documents may be submitted, but they must be folded to size and secured in the proposal. All pages of the proposals must be numbered and sections clearly identified. 2) Proposals and all attachments shall be complete and free of ambiguities, alterations, and erasures. The proposal shall be executed by the Contractor's duly authorized officer or agent. In the event of conflict between words and numerals, the words shall prevail. E.42 Submittal Date Proposals must be submitted no later than 3:00 p.m., Pacific Standard Time, March 8, 1993. E.4.3 Number of Proposal Copies&Delivery Requirements Technical and Cost Proposals must be submitted in separate envelopes at the same time. Each unbound original proposal, plus seven bound copies of said proposals, should be sealed in packaging that is clearly marked on the outside "CITY OF SANTA ANA SOLID WASTE COLLECTION AND RECYCLING RFP," and shall also be marked as containing "TECHNICAL PROPOSAL" or "COST PROPOSAL." Sealed proposals should be mailed or delivered to: Page 25 Public Works Agency City of Santa Ana 101 W. Fourth St. Fourth Floor Santa Ana, CA 92701 Attn: James G. Ross, Executive Director E.5 PROPOSAL EVALUATION AND INTERVIEWS Proposals will be evaluated by the criteria identified below. E.5.1 Proposal Evaluation Criteria Proposals will be evaluated on the basis of the following proposal Evaluation Criteria, which are not listed in any order of precedence or importance: E.5.1.1 Exceptions to Franchise Agreement Willingness and ability of the Contractor to meet and comply with all of the terms of the proposal and the Agreement. E.5.1.2 Procedural Compliance Contractor's compliance with requested proposal format and requirements. E.5.1.3 Technical Demonstrated technical ability to perform basic and emergency services, recycling, diversion and public education services including: • The development and implementation of the collection system to adequately collect, process and dispose of solid waste reliably and consistently for an exclusive service area of at least 100,000 residents ; • Plans for maximizing recycling and yard waste diversion programs to achieve diversion levels and compliance with the City's SRRE; • Plans for processing recyclable material to maximize recovery and minimize contamination and the development of a market for the recovered material; and, • Plans to develop and implement public education programs so as to increase customer participation levels in recycling, yard waste diversion and source reduction. Page 26 E.5.1.4 Start-up/Transition Capability Equipment Documented ability to provide necessary equipment as evidenced by vendor verification that Contractor's selected equipment can be delivered on Contractor's schedule, or by Contractor identification and certification of equipment to be utilized for City operations. Location. Startup and Clearance Demonstrated ability to locate and initiate the required support services and facilities, including materials recovery and composting facilities, as evidenced by signed agreements or ownership/permit documentation. Transition Capability Proven ability to manage a smooth transition between service providers, including hiring of personnel, billing, customer service, and operations. E.5.1.5 Service Cost Proposed service rates. E.5.1.6 Organization Ownership and Operations Organization and qualifications of the Contractor. This includes an explanation of how the local management and corporate structure are linked; how the company(ies) foster innovation and high performance; and demonstration of corporate ethics. Customer Service Demonstrated ability to implement and provide high quality customer services. Client Relationships Client references demonstrating Contractor's ability to maintain long-term relationships with municipalities, including cooperation in providing requested information in a timely manner and avoidance of litigation and arbitration in settling disputes. (City may contact references listed, or other public/private entities known to have contracted with Contractor.) E.5.1.7 Legal Compliance History of fines and lawsuits, and National Labor Relation Board actions or complaints. Page 27 E.5.1.8 Financial Stability&Reporting Financial stability of the Contractor, and accurate financial reporting , as demonstrated by the Contractor's audited financial statements. E.5.1.9 Risks and Contractual Obligations Risk Allocation Demonstrated financial capacity to handle risk factors in the contract, such as fluctuations in market value of recyclables and providing indemnification to City for compliance with all related legislation. Marketing of Regvclables Demonstrated ability to market recycled commodities, including marketing contingency plans in the case of market over-supply. E.5.1.10 Affirmative Action Commitments Non-Discrimination and Affirmative Action Demonstration of compliance with all applicable Federal and State laws pertaining to non-discrimination and affirmative action. E.5.2 Interviews/Selection Process After evaluation of the submitted Technical Proposals, the City may, but is not required to, issue invitations to interview. Based on the contents of the Technical and Cost Proposals, the interviews and any other information obtained by the City, a Contractor (or a consortium of Contractors) will be selected to provide the requested services. E.6 GENERAL TERMS E.6.1 Proposal Development Costs The cost of preparing and submitting a proposal is the sole responsibility of the Contractor and shall not be chargeable in any manner to the City. E.6.2 Proposal Deposit Contractors shall remit with their Cost Proposal a certified check or a cashiers check made payable to the City of Santa Ana in the amount of one hundred thousand dollars ($100,000) . Proposal deposits will be returned to all unsuccessful Contractors no later than thirty days after the signing of an agreement with the successful Contractor. The City will return proposal deposit of the successful Contractor no later than thirty days after the execution of an agreement minus procurement fees. Page 28 E.6.3 Procurement Fee The successful bidder, as a condition of contract award, will be responsible for paying the City's solid waste collection service procurement expenses, not to exceed $25,000, to reimburse the City for its expenses related to procurement of solid waste collection services, including development of the RFP and Agreement, proposal review and evaluation, and contract negotiations. Such expenses may include City personnel, supplies, and consultant fees. E.6.4 Performance Bond Upon approval of the Agreement, by the City Council of the City of Santa Ana, the Contractor shall furnish a Performance Bond within seventy-two (72) hours. The Performance Bond must be approved by the City of Santa Ana. The performance bond shall be furnished as security for performance and completion of the work in accordance with the terms of this RFP and its attachments, the Agreement and its attachments, in the amount of$2,000,000. E.6.5 Rights of the City The City's rights include but are not limited to the following: a) Issue addenda to the Request for Proposals, including extending or otherwise revising the timeline for submittal; b) Withdraw the Request for Proposals; c) Request clarification and/or additional information from a Contractor at any point in the procurement process; d) Execute an agreement with a Contractor, on the sole basis of the original proposal or any additions to submissions; e) Reject any or all proposals, waive irregularities in any proposal, modify the scope, terms and conditions of the proposal as described in this RFP, waive any requirements of the Request for Proposals, as may be deemed to be in the best interest of the City; and f) Reissue the RFP or modify the RFP. E.6.6 Consequence of Submission of Proposal The submission of a proposal shall not be deemed as an agreement between the Contractor and the City. Specifically, the following provisions apply: a) The City shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal; Page 29 b) Selection of a proposal by the City obligates the Contractor to enter into an agreement with the City for the collection, transportation, recycling, yard waste diversion and disposal of solid waste on the basis of the terms and conditions of the proposal; and c) The Agreement shall not be binding or valid against the City unless and until it is executed by the City and the selected Contractor, and the Contractor's performance bond has been accepted by the City. E.6.7 Examination of Proposal Materials The submission of a proposal shall be deemed a representation and warranty by the Contractor that the Contractor has investigated all aspects of the RFP, that the Contractor is aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and that the Contractor has read and understands the RFP. No request for modification of the provisions of a proposal shall be considered after its submission on the s'ounds that the Contractor was not fully informed as to any fact or condition. All data which maybe contained in the RFP or any addenda thereto is for Formational purnnse only. The City mares no war_raa tv as to the accuracy of tbic info alio - 'n ,1 , ;nu but not ;m;±Pd tow to generation and disDosa1 quantities, number of tom rs and cervi es,provided.current routestructures.and a1 other statistical data and descriptive information. The City disclaims any responsibility fora ny such information which ma cn uently be determined to be in_comnlete or inaccurate. E.6.8 Rejection of Proposal for Proposal Inaccuracies The City reserves the right to reject any proposal submitted containing errors or inconsistencies in the proposal. Errors include support information that is inconsistent with total cost estimates or any other error of this type which demonstrates flaws in the calculations provided by the Contractor. E.6.9 Interpretation The City will not be responsible for or be bound by any verbal instructions or interpretations or explanations issued by the City or its representatives, without exception. Page 30 SECTION F INSTRUCTIONS FOR PREPARING THE TECHNICAL PROPOSAL These instructions are the guidelines governing the format and content of the Technical Proposal and the approach to be used for its development and presentation. The inclusion of any additional pertinent data or information by the Contractor is permitted as an appendix. F.1 TECHNICAL PROPOSAL FORMAT The Technical Proposal must consist of the ten (10) sections shown in Table F-1, and shall be accompanied by a transmittal cover letter signed by an officer or agent of the Contractor who is duly authorized to bind the Contractor and notarized. Failure to include any of the items below or to adequately address any topic may result in Contractor's removal from the RFP process. TABLE F-1 Contents of Technical Proposals Section Contents, Transmittal letter 1 Executive Summary 2 Description of Proposed Basic Services 3 Description of Proposed Emergency Services 4 Implementation Plan 5 Organization 6 Qualifications of Contractor 7 Risks and Contractual Obligations 8 Exceptions 9 Litigation 10 Contractor's Financial Data All pages of each proposal must be numbered consecutively through the document starting at page one. F.2 TECHNICAL PROPOSAL CONTENT F2.1 Executive Summary Provide a summary of the entire proposal and highlight the attributes that you believe differentiate your proposal from others (maximum 5 pages). Page 31 F.22 Description of Proposed Basic Services The Contractor shall describe each of the collection services identified as Basic Services in Section C of this proposal in the following order: 1) Curbside Service 2) Residential Bin Service 3) Commercial Bin Service 4) Roll-off Service 5) Bulky Item Pick-up 6) Arterial Collection Program 7) City Collection Service For each type of service, the Contractor should provide a complete description of the collection method, recycling and diversion programs, material processing system, and public education requirements. Specific information shall include, as a minimum, the information below: Basic Collection Services Describe what sort of collection system will be used to collect the material. The description of the collection system should include the number of routes, type of vehicles, and crew size for each type of collection service. Identify the site location and acreage where collection vehicles and equipment are to be stored and maintained. Describe how support services such as container and vehicle maintenance, administration, and billing services will be provided. Recycling and Yard Waste Diversion Programs Identify what percentage of the waste stream will be recycled and diverted by type of service for each year of the contract term (five years), and describe the methods and programs that will be used to achieve such recycling and diversion. The Contractor must also identify any responsibilities of the waste generators to separate or otherwise handle their waste. Material Recovery Facility Describe the proposed material processing facility, including: location; site acreage; guaranteed capacity reserved for Santa Ana solid waste in tons per hour, tons per day, and tons per year; processing and recovery techniques; and transportation and disposal of residual waste. Describe the marketing plan for recyclables. Public Education Describe the proposed public education program, including descriptions of the educational materials and programs to be developed for each class of waste generators (e.g. curb service customers, residential bin service customers, commercial bin service customers, etc.) Page 32 F.2.3 Description of Proposed Emergency Services Describe the types of vehicles and staffing to be provided for Emergency Services, and where vehicles will be stored, or called from, in the event that Emergency Services are requested. F.2.4 Implementation Plan Present an implementation plan that includes project schedule that identifies major milestones and the critical path for commencement of service on July 1, 1993. The plan should also include: 1) The Contractors approach to facilitating a smooth transition between service providers, if applicable; 2) Equipment and facilities procurement plan; 3) Hiring of personnel and any support services; 4) Assumptions regarding City participation; and, 5) Initial announcements and publicity. F.2.5 Organization F.2.5.1 Details of Ownership of Contractor List the following information for type of organization that describes the Contractor's firm: 1) If the Contractor is a corporation, list: • the State in which it is incorporated; • the names and addresses of all officers; • names and addresses of stock holders owning more than 10% of any class of stock in the corporation; • creditors who are owed a debt equal to 10% or more of the firm's total assets. 2) If the Contractor is a partnership, list the names and addresses of all general partners. 3) If the Contractor is a joint venture, list the names and addresses of all venturers. If any venturer is a corporation or partnership, provide the information requested in Sections 1 and 2 above. F.2.5.2 Staffing Plan Identify the number of each classification of personnel, including labor, management, and support staff. F.2.5.3 Key Personnel Page 33 Submit a resume for key personnel, including relevant technical experience and a description of their background in collecting mixed solid waste, transporting, recycling, diverting, and disposal of solid wastes. F.2.6 Qualifications of Contractor Provide information demonstrating that the Contractor has the expertise to implement and provide the required services. Describe the qualifications and experience of the firm(s), and key personnel, gained from related projects. The following information must be included: a) General description of the experience of the firm(s). b) Experience relevant to the Proposed work,including description of up to five (5) relevant projects, degree of involvement, name of client references, and name and telephone number of contact person. c) If the proposal references the expertise of staff, subsidiaries, or other resource personnel are not to be directly committed to the contract, describe what their relationship to the Santa Ana account will be. d) Contact person. F.2.7 Risks and Contractual Obligations The City requires that certain risks and contractual obligations be borne by the Contractor and be addressed in the proposal. Contractor should address each of the risks and obligations below to: 1) assure the City that the Contractor understands the risks and obligations that the City desires the Contractor to assume; and 2) establish the extent of the obligation that the Contractor will assume: a) Compliance with AB 939 and indemnification. b) Inadvertent collection of Hazardous Materials as wastes. c) Environmental review and compliance and permitting processes. d) Fluctuations in quantity, composition, marketability, and prices of recyclables. F.2.8 Exceptions The Contractor must: 1) Warrant that it has reviewed the requirements of the project as described in this RFP; and, 2) Specify and discuss any terms of the RFP and attached Agreement and that the Contractor cannot or does not propose to meet. Page 34 In addition, the Contractor must warrant that it has reviewed the terms of the attached Agreement, which is issued as an integral part of this RFP. The Contractor must specify and discuss any terms of the contract with which the Contractor cannot comply. F.2.9 Litigation The Contractor must provide: 1) A history of all claims, settlements, arbitration, litigation, and civil actions, involving more than $10,000, and all criminal legal actions, in which the firm, its parent company, parent company subsidiaries, all partners, or principals, for the last three (3) years, were involved. 2) Details of any current or threatened legal actions against the Contractor or its parent company, parent company subsidiaries, all partners, principals, or joint venture company(ies) by a governmental entity contracting with the Contractor or its parent for services relating to waste management, or against such a governmental entity by the Contractor or its parent company or joint venture company(ies). For each action, Contractor must provide: • The name of the action; • Court in which it is pending; • Action number; • Amount at issue; and, • A brief statement of the current status of all criminal actions and all civil actions involving amounts greater than $10,000. current and historical civil and criminal actions and litigation may be considered non•resnonsive. F.2.10 Contractor's Financial Data a) The Contractor must provide copies of audited financial statements (income and balance sheets) for the entity which is proposed to sign the contract, for the most recent three fiscal years and unaudited financial statements through the most recently completed quarter of the current fiscal year. b) If the entity which will sign the contract has a parent company or is proposing a joint venture, the parent company and joint venture company(ies) must also provide audited financial statements (income and balance sheets) for the most recent three fiscal years and unaudited income statements for the most recently completed quarter of the current fiscal year. The parent company must provide a statement indicating its intent to provide financial assurance of performance. Page 35 c) If the entity which will sign the contract has been in existence for less than three (3) years, Contractor must provide sufficient financial data to substantiate to the City's satisfaction the financial capability and viability of the entity. d) The Contractor must provide audited financial statements and a statement from the Chief Financial Officer indicating that there has been no material change in the financial circumstances of the proposing entity (or its parent or owners if they are providing financial assurance of performance) since the date of the last financial statements. e) Financing of the service facilities and equipment is to be the sole responsibility of the Contractor. The Contractor must provide a financing plan which describes the sources and uses of funds, the financing structure, and all assumptions used in the formulation of the strategy. Contractor must demonstrate that it can provide the required financing from either: 1) internally generated funds; or 2) commitments from external sources. Page 36 SECTION G COST PROPOSAL G.1 COST PROPOSAL CONTENT&FORMAT The Cost Proposal shall consist of one section as shown in Table G-1, and it must be accompanied by a transmittal letter signed by an officer or agent of the Contractor who is duly authorized to bind the Contractor and notarized. TABLE G-1 Contents of Cost Proposal Section Contents Transmittal letter 1 Rate Proposal Forms All pages of each proposal must be numbered consecutively through the document starting at page one. G.2 PROPOSED COMPENSATION TO CONTRACTOR G.2.1 Compensation for Providing Basic Services Contractor will receive compensation for providing Basic Services in five ways: 1) Payment by the City of a monthly fee for each curbside unit; 2) Payment by multi-family, commercial and industrial customers of a monthly fee for those receiving bin service; 3) Payment by roll-off customers of fees for receiving roll-off service; 4) Fees charged for additional services; and 5) Revenue from the sale of recyclables marketed by the Contractor. G.2.1.1 Monthly Rate- Curbside Service The City will compensate the Contractor a dollar amount per curbside service unit per month as a base rate for Basic Services. The number of curbside units to be used as a basis for compensation is defined in Section B.2.1 of this RFP. Page 37 G2.12 Monthly Rate•Bin Service Individual bin customers will compensate the Contractor a dollar amount per month depending on size of bin and the frequency of service received. The number of bin service customers is defined in Section B.2.2 of this RFP. Contractor shall bid separate rates for multi-family and commercial bin customers. The City conducted two recent waste audits of bin service customers, and found that multi-family bins weighed approximately 10% more than commercial bins. Therefore, the City expects the Contractors to reflect this difference in the proposed rates. G2.1.3 Roll-Off Services Individual roll-off customers will compensate the Contractor a flat dollar amount per dump for service depending on the size of the container, plus actual gate fees at the disposal facility. G.2.1.4 Additional Services Additional Services are services that are not part of the monthly fee for basic service but are proposed as part of the program to provide Basic Services. These are fees for services that are not uniformly provided to all curbside, bin, or roll-off service customers. The City has set the fee for many Additional Services as shown in Schedule 2 of the Rate Proposal Forms, and these fees shall be fixed for the term of the Agreement. If the Contractor proposes any other fees for Additional Services in addition to the services below, these must be itemized on Schedule 7 of the Rate Proposal Form. G.2.1.5 Revenue from the Sale of Recyclables The Contractor will keep all revenue generated from the sale of recyclables collected under the Basic Services. This aspect of the compensation structure is included as an added incentive to maximize recycling. G.3 EMERGENCY SERVICES As described in Section C, the Contractors must provide Cost Proposals for Emergency Services included in this section. The Contractor is to propose a cost for Emergency Services (see Section C.4) on a cost per two person crew and vehicle per hour basis for bin service and for roll-off services. G.4 COST PROPOSAL FORMS Based on the compensation arrangements described in Section G.2, the Contractor must complete the enclosed Cost Proposal Forms. Page 38 For curbside, bin, and roll-off service, the Contractor must propose rates for three periods as shown below: Period Following Start of Contract Effective Dates First Six Months July 1, 1993, through December 31, 1993 Second Six Months January 1, 1994, through June 30, 1994 Second Year July 1, 1994, through June 30, 1995 The Cost Proposal Forms to be completed are described below. Schedule 1: Curbside Service The Contractor must submit rates for Curbside Service on Schedule 1. Schedule 2: Residential Bin Service Rates The Contractor must submit rates for Residential Bin Service on Schedule 2, and propose the percentage increase in the rates for customers using compactors. Schedule 3: Residential Bin Service Revenue Based on the proposed rates shown on Schedule 2, the Contractor must calculate the total estimated Residential Bin Service revenue to be received. Schedule 4: CommerciaUIndustrial Bin SecerviRates The Contractor must submit rates for Commercial/Industrial Bin Service on Schedule 4, and propose the percentage increase in the rates for customers using compactors. ,Schedule 5: Commercial/Industrial Bin Service Revenue Based on the proposed rates shown on Schedule 4, the Contractor must calculate the total estimated Commercial/Industrial Bin Service revenue to be received. Schedule 6: Roll-off Service Rates The contractor must submit rates for 10, 20, and 40-cubic yard roll-off containers. Bids must be flat rates per dump that include both container drop-off, rental, collection, and disposal fees. Schedule 7: Additional Services Rates Schedule 7 identifies Additional Services and compensation the Contractor shall receive for providing Additional Services that may be requested by customers in the course of providing the Basic Services. If there are any other costs that the Contractor believes it will need to recover for any Additional Services other than Page 39 those listed in Section IIA and IIB of Schedule 7, then the Contractor should itemize these services and the proposed fee in Section IIC on Schedule 7. Compensation for Additional Services shall be fixed for the term of the Agreement. Schedule 8: Emergency Services The Contractor must propose additional compensation to provide the Emergency Services. The Contractor must propose compensation for the first year of the Agreement on Schedule 8. Future years will be subject to an adjustment based on the CPL All compensation proposed by the Contractor on Schedules 1,2,4,6,7, and 8 must be made in units of one cent ($0.01). Fractions less than one cent ($0.01) will be adjusted downward. The bin service revenue calculations on Schedules 3 and 5 must be rounded to the nearest one dollar ($1.00). The City reserves the right to request additional cost information from the Contractor regarding projected operating and overhead costs. G.5 COMPENSATION ADJUSTMENTS It is the City's intent to adjust Contractor rates for all services on annual basis effective July 1, 1994. The annual increase or decrease of payment to the Contractor shall be based on the following formula: 1) Landfill adjustments will be passed through within 30 days of County implementation. 2) Hauling and processing of solid waste will be adjusted on a weighted cost index as follows: a) 90% shall be adjusted on December CPI for all urban consumers, L.A. - Anaheim - Riverside SMSA. b) 10% shall be adjusted on PPI, diesel fuel #2 (#057303). Contractors are to submit any proposed changes to the above rate adjustment formula. Adjustments to the Contractor's rates will be made in units of one cent ($0.01). Fractions less than one cent ($0.01) will not be considered in making adjustments. The annual increase or decrease in payment to the Contractor shall be effective July 1 of each year of the contract, commencing July 1, 1994. Page 40 CITY OF SANTA ANA Cost Proposal Submittal Forms SCHEDLTLE FORMS'. 1. Curbside Service Rates 2. Residential Bin Service Rates 3. Residential Bin Service Revenue 4. Commercial/Industrial Bin Service Rates 5. Commercial/Industrial Bin Service Revenue 6. Roll-Off Service Rates 7. Additional Services Rates 8. Emergency Services Rates �' City of Santa Ana Cost Proposal Forms Schedule 1 I. BASIC SERVICES A Curbside Service Rates Proposed Monthly Rate Per Unit for Curbside Service First Year Second.Year 1st 6 Months 2nd 6 Months S S S Cost Proposal Forms ..... m''''m""'" City of Santa Ana Schedule 2 I. BASIC SERVICES • ... ... : • • ' • • • : :: • • • ' .;..:. :.....:: SResidential Service B. .Bin Servites....:::...........:..:...:.9.:...,....:::::.... .. :... ... ... . : .. ....... .... . • .........• •,....... .... . .... .. .... . .. . . .. . • • • • . . ..... . . .. . . . • • . . . . . , . . . . . .. . .. . . ; . . . . . . . .. .. . . — . I. . . . ... - ... . .. .... - ... .. . . ... . . .. ... ... ... ..,.......... ... . .„,...:',..::.... ......:. :::::::::...:,....:::.::...:....::•:.::.E..;: :. .''...::,... PLC.,,,111P$ ;:.:..:::.....::::::Hi':A•:.. it'r';: ::;•:1:0008:et Monthly'Sates i::.;...::...:..........:.:': ...• :. Bi . ,..:: :.... :. ...,.. : . . . . ... . .. . . . n Size ......: : :;.:Pei ......:;..,.....••:. ••••• •••••• ' ' . "" • •••• .• •••••: .. •,. .].-. .. - . . - First Second Second We... . . ....... . ... .. . . . k. . 6 Months 6 Months Year - . . . . . . 1-Cubic Yard 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ , $ $ 2-Cubic Yards 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ 3-Cubic Yards 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ 4-Cubic Yards 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ Proposed percent increase in monthly rates for compactors _% Lost Proposal Forms "••••••• . City of Santa Ana Schedule 3 . - . • - . . -- . , - • - . I. BASIC SERVICES ..-. - - - -• - . . , . B. Residential ...... ... . . . . . .. . . . . . . ....... .. .„ . ... .... .. ..„.. . . ..... . ...... „„. .„ . .. .. .. .. „ „ . Pickups, IMIIIIIIiIIIIIMIIIIIIIIR Estimated Total •::',...:.;:lo...,riHsitSfie[MHM-.T'A!!!TMPet::m.i:m't:mtotBiAs.mii]i . . .. . . . . . . ...... ...,. . . ... . . .. Second Second . .. . . . . . .. . . . 6 Months 6 Months Year 1-Cubic Yard 1 28 $ $ $ 2 1 $ $ $ 3 0 $ $ $ 4 0 $ $ $ 5 0 $ $ $ 6 0 $ $ $ 2-Cubic Yards 1 293 $ $ $ 2 191 $ $ $ 3 48 $ $ $ 4 4 $ $ $ 5 2 $ $ $ 6 8 $ $ $ 3-Cubic Yards 1 180 $ $ $ 2 427 $ $ $ 3 570 $ $ $ 4 173 $ $ $ 5 5 $ $ $ 6 53 $ $ $ 4-Cubic Yards 1 8 $ $ $ 2 14 $ $ $ 3 55 $ $ $ 4 42 $ $ $ 5 1 $ $ $ 6 9 $ $ $ TOTAL $ $ $ A B C GRAND TOTAL $ (A+B+C) Cost Proposal Forms 11"°• ""' City of Santa Ana Schedule 4 . . . ....•.. . H. .. . . - .. .- .i .. . - - -. , I. BASIC SERVICES . . .-. - • . ._ . . - . . _ .-... - !!!! ! 6! !!!!!!!!!! i!!l!!!!!!if ! !, !!! i!!!!!!!!!!.iti,,hli'4 '':Q111111110fit:Jild11:0111Iliglig.11.1!Pickups P2 IIIIIIIIII*i6i.'6,iiMiiiiiiihitiiiiiiiitilimogg gi&siii.o.E. imEnioni.:,t,,:t.,,i:Ei:gJiip...eini.,.HIN;r:: First'.:::,-:,.:,..,:,, ,,,,,,,:*,,,,,,,,,,,,,,:::* :% :,?::,]*:,:.*..;ti,,,,,:,,,.E,*,,i , Second Second Week 6 Months 6 Months Year 1-Cubic Yard 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ 2-Cubic Yards 1 $ $ $ 2 $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ 3-Cubic Yards 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ 4-Cubic Yards 1 $ $ $ 2 $ $ $ 3 $ $ $ 4 $ $ $ 5 $ $ $ 6 $ $ $ Proposed percent increase in monthly rates for compactors % Cost Proposal Forms . 'a"' City of Santa Ana Schedule 5 I. BASIC SERVICES .....:.:. :',.....:::: '.......::::..::H.....•....: B.: Commercial/Industrial .ReVenite'.....•-. ;..., •. .. •... :..... ... .... : .. . .. . . . . . ... .... . . .. . .. . . . . . .. . . . . . . . .. . .... . . . . .. .. ..... . . . . . „. , . , •. :.,.... .. . . . ... •,.:.:;.:;.;:..........;.•:.:E±...H.....1:::,:!...........,....... Pickups'..E; .:;E...........,,:.:::...I.:7.:.::•::;;:i...... ::..;,.....:::,:...,.;,;.;:;:::,,,....tstithi‘ci.itotAt Revenue....•;....: . : .... . . . . . . . . . ... . . . ... . .. . .. . . . . . . .. .. . . . ... .. . .. . .. . .. . . ... ....... . .... .. . .... ..;. . . .. .!....!...?......131ii.Sizi.....,i. !.... .' '...'.... Per ' ... . .: .. i..# of Bins ;..: .First Second Second Week. . . . . . . .. . . . .. . . ... . . . . . . . . . . . . . 6 Months 6 Months Year 1-Cubic Yard 1 8 $ $ $ 2 0 $ $ $ 3 0 $ $ $ 4 0 $ $ $ 5 0 $ $ $ 6 0 $ $ $ 2-Cubic Yards 1 615 $ $ $ 2 160 $ $ $ 3 41 $ $ $ 4 11 $ $ $ 5 9 $ $ $ 6 4 $ $ $ 3-Cubic Yards 1 806 $ $ $ 2 724 $ $ $ 3 550 $ $ $ 4 86 $ $ $ 5 366 $ $ $ 6 227 $ $ $ 4-Cubic Yards 1 149 $ $ $ 2 92 $ $ $ 3 168 $ $ $ 4 0 $ $ $ 5 100 $ $ $ 6 67 $ $ $ TOTAL $ $ $ A B C GRAND TOTAL $ (A+B+C) Cost Proposal Forms '"`"I'm City of Santa Ana Schedule 6 I. BASIC SERVICES . . . - . . . . . ... - . . .....,• :.. :..':.: .:.:.:.:.:::..... .:: .:.,..!:: p ..R611:!Off Service Rates :...:.:;..:::::::...:..:.:•:.: .... .:..•:•:::....:::.•. .:.:.: . • . -. ' . .. . . .. . ..... . . . . . . .. . . . . .. . . . .. . . . . ... . .. . . . . . .. . . . . . . . . . . ., .. . ... ... .... ..... , . . . .. . . . . .., . . . . . .... ... . . . . . . .. . . . . .. . . .. .. .... .. . .. . . . . . . .... . . . . .. . .. . . .. . : : .. . . . :''. . .. .::.:,:::...:;:::.:.........:.•'.. .::: : . :•:;.; . :.:::........::i: !•:.:.::.F.i.rSt,6 Months ::'.::::., . ..: ............:.:.••:..:.:....::....:.:........,:... :..:.......:...: .. . . . . . . . . . . ... . .• ...., , .. . .. .. .. . .... . . . . . . .. . .. . . .. . ..... . .. .. . .. . . Box Size Rate Per Dump* For Compactor 10-Cubic Yards $ $ 20-Cubic Yards $ $ 40-Cubic Yards $ $ . . . . . . . . . ..Additional. Fee.. .. . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . .. . .. . . . . . . . . . .. . . .. . . .. ...... .... ,. .... ... ,. . . . . . Second . .. .. . . . .. .. . .,. . ..... .. ....... .. :... . : ,, , . . ... .: ., ..... . . . .. • . . .. . . .. .. . . .,_, .,_., . . .. . • . . .. . Additional Fee Box Size Rate Per Dump* For Compactor 10-Cubic Yards $ $ 20-Cubic Yards $ $ 40-Cubic Yards $ $ . . . .. .. . . . . . . . . . . . . . . . .. . . . : . . .. . . . .. . .. ..:.. . .: ...,• . , ., . . . ..; .:. ..: .;......:.....: ... :....:........:::.•.. :.: •:.:.:::.1'. :r. :'.. SeOntl.:Year :: :-.: :::.: ... ;.... . ..:::.::::::.....:1..:: ..:...:............l.:::.:... ... .; . i. . . .. . „ . . . . . . .. . .. .. . . . . . . . .. . . .• ... . .. . . .. :. . .• . ...... . ..... . . . ... .... .. . . ... .. . . . .. • , . . . . . . . . . . . .. . . .. .. . . .. . . .. . .. . . . . . . . Additional Fee Box Size Rate Per Dump* For Compactor 10-Cubic Yards $ $ 20-Cubic Yards $ $ 40-Cubic Yards $ $ * Reimbursement for gate fees at the landfill shall be billed by the Contractor to the customer in addition to these rates per dump. City of Santa Ana Cost Proposal Forms Schedule 7 II. Additional Services Rates The contractor shall be entitled to bill customers the following fees for the services identified below. Fees shall be fixed for the term of the agreement. Contractor must provide such services to any cus- tomer requesting such service. • A. Bin Service Service Cost 1. Graffiti Removal $25.00 per incident per container 2. Casters $2.50 per bin per month 3. Enclosure Service $2.00 per bin per month 4. Bin Wheelout Fee: 25 feet to 50 feet $ 1.00 per bin per month 5. Bin Wheelout Fee: 51 feet to 75 feet $ 2.00 per bin per month B. Bulky Item Pickup Service Cost 1. Cost of each pickup in excess of the two $30.00 per pickup pickups allowed per year C. Additional Services Itemized by Contractor Please itemize any additional services, other than those shown above,for which contractor requests compensation. Fees shall be fixed for the term of the agreement. Please attach an additional page if additional space is required. Type of Fee Amoun 1. 2. 3. 4. 5. 6. 7. Cost Proposal Forms w""'""""' City of Santa Ana Schedule 8 III. Emergency Services • • • • • • A. Emergency Bin Service Rate per vehicle hour with a two person crew providing emergency bin services on an on-call basis. . . . . . . . . . . . . . Rate Per Vehicle flours.• • •.:••• • Year 1 Year 2 $ $ $ $ $ $ $ $ . . . ... . ... . ......... .... . . B. . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . . . Rate per vehicle hour with a two person crew providing emergency roll-off services on an on-call basis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate Per Vehicle Hours • . . . . . . . . . . . . . . . . . Year 1 Year 2 tati I/15/93 AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA THIS AGREEMENT, made and entered into this day of , 1993 , by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and hereinafter called, "CONTRACTOR, " RECITALS 1. The Legislature of the State of California, by enactment of California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA") , declares that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. 2 . In the opinion of the City Council of the City of Santa Ana, the public health, safety and well being require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of solid waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefor, be provided by contract to a qualified contractor. 3. The City Council of the City of Santa Ana further declares its intention of maintaining reasonable rates for the collection, transportation and recycling, yard waste diversion and/or disposal of solid waste. 4 . The City Council of the City of Santa Ana desires that CONTRACTOR be engaged to provide for both the collection of solid wastes within the corporate limits of the City of Santa Ana and the transportation of such solid wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the basis set forth in this Agreement. NOW, THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right and privilege to collect, recycle, divert by means of composting, mulching, and/or transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all solid wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: (a) . The term of this Agreement shall begin on July 1, 1993 and shall extend to June 30, 1998 . In addition, the term hereof may be extended by the CITY, at its sole option, for an additional two (2) year period on the same terms and conditions as follows: (1) This Agreement shall only be extended for such additional two (2) year period if CITY provides CONTRACTOR with written notice of the CITY'S intent to exercise its option under this provision by May 1, 1997. The CONTRACTOR must respond to this request for extension of this Agreement within thirty (30) days of receipt of such written notification by CITY. Should CONTRACTOR fail to respond within the thirty (30) days, the CITY 'S shall withdraw its request to exercise its option under this Agreement. 3. DEFINITIONS: As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1) . Auditor shall mean the certified public accountant firm retained by City for auditing services. (2) . Bin Service shall mean all solid waste collection services provided by CONTRACTOR by means of front-loaded collection bins of various sizes. (3) . California Intecgrated Waste Management Act shall mean that act codified by California Public Resources Code Sections 40000 et seq. , and any subsequent amendments thereto. (4) . California Integrated Waste Management Board shall mean the Board created by the California Integrated Waste Management Act, and any subsequent modifications thereto, and shall encompass any other agency which assumes the duties of this Board. (5) . CITY shall mean the City of Santa Ana. (6) . City, Attorney shall mean the City Attorney of CITY. (7) . City Council shall mean the City Council of CITY. (8) . City Manager shall mean the City Manager of CITY. 2 (9) . Clerk of the Council shall mean the Clerk of the Council of CITY. (10) . Code shall mean the Municipal Code of CITY, both codified and miscellaneous ordinances. (11) . Commercial/Industrial Bin Service shall mean bin service which is provided by CONTRACTOR to commercial and/or industrial units. (12) . Commercial, Solid Wastes shall mean solid waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, non-profit research organizations and government offices. (13) . Compost means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. (14) . Composting means a method of waste treatment which produces a product meeting the definition of "compost" herein. (15) . Composting Facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost. (16) . Construction and Demolition Solid Waste includes solid wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (17) . Contract shall mean this Agreement, entered into between CITY and CONTRACTOR. (18) . CONTRACTOR shall mean and include (19) . Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi-family, business or professional user which does not require bin service as determined by the Executive Director. (20) . Customer shall mean a user of CONTRACTOR's bin or roll- off box service. (21) . Disposal Site shall mean any site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of solid waste. 3 (31) . Processing means the reduction, separation, recovery, conversion or recycling of solid waste. (32) . Processing Fee shall mean those portions of the curbside, bin, roll-off and other rates provided for in this Agreement which compensate CONTRACTOR for processing solid wastes collected in the CITY by CONTRACTOR and delivered by CONTRACTOR to a designated materials recovery facility. The parties have agreed upon the initial processing charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S solid waste stream to a licensed landfill after processing the recyclable solid wastes therefrom shall be deemed part of this processing fee, but the gate fee charged at said landfill for depositing said solid waste residue shall not be included in the processing component. (33) . Recyclable Solid Waste means and includes, those solid wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable solid wastes are not a separate category of materials, but merely an evolving portion of the entire stream of solid waste generated within the CITY. (34) . Recycling means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solid wastes for the purpose of reuse. (35) . Residential Bin Service shall mean bin service which is provided by CONTRACTOR to any and all residential users which request or require such services pursuant to this Agreement. (36) . Residential Solid Waste means solid waste originating from single-family or multiple family dwellings. (37) . Roll-Off Service shall mean solid waste collection from transportable containers of 10 cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll-off service includes compactors which may be used with roll- off containers. (38) . Solid Waste shall mean all solid wastes, including, but not by way of limitation, recyclable solid wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the CITY; provided, however, that solid waste shall not be deemed, for purposes of this Agreement, to include any hazardous wastes as defined hereinabove. (39) . Waste type means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the CITY'S Source Reduction and 5 Recycling Element. (40) . Yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and prunings. (41) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or organic waste and the composting, mulching, and/or transformation thereof. 4. SCOPE OF SERVICE: (a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary for the collection of all solid waste originating, generated and/or accumulated by any person within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, recycle, divert by means of composting, mulching and/or transforming and/or dispose of said solid waste in compliance with the terms of this Agreement. (b) All solid waste collected by CONTRACTOR within the CITY shall not be commingled in the CONTRACTOR'S vehicles or equipment with solid waste from any other jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24) hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages contained in the vehicle. 5. COLLECTION HOURS: (a) All collections from residential areas shall be made between the hours of 6: 00 A.M. and 6: 00 P.M. Collections from commercial and industrial locations greater than 100 feet from residential units may start at 3 : 00 a.m. and must terminate by 6: 00 P.M. ; however, if complaints are received from such residential units, the Executive Director may direct that collections in such areas shall be made between the hours of 6: 00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such order. (b) Notwithstanding section (a) above, solid waste collected pursuant to Section 12 hereof shall be collected pursuant to the provisions contained therein. 6. HOLIDAYS: Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall collect along said route on the work day next following said legal holiday. Legal holidays for the purpose of this Agreement shall be New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and 6 such other days as may be mutually agreed upon in advance by the parties. 7. FREOUENCY OF COLLECTIONS: The Contractor will collect all solid waste from all areas of the CITY at least once each week and in addition will provide more frequent service for those customers using the bin or roll-off services supplied by CONTRACTOR if requested by a customer or if required by the CITY. 8. MAINTENANCE OF SCHEDULES: Presently existing routes, schedules and times for collection of solid waste shall be maintained but may be changed by authorization of the Executive Director and at least one week's advance notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be made. 9. EXCLUSIVENESS OF AGREEMENT: The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all solid waste, as defined in this Agreement, generated and/or accumulated within the CITY, except as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s) . (b) This Agreement shall not prohibit the persons who generate solid waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own solid waste so long as they dispose of such solid waste at a site permitted by the California Integrated Waste Management Board in accordance with all governing laws and regulations. (c) This Agreement shall not prohibit the persons who generate solid waste, or the persons who own the premises upon which solid waste has generated or accumulated, from: (1) selling their recyclable solid wastes to a recycler, or, (2) donating their recyclable solid wastes to a nonprofit charity registered with the Attorney General of the State of California; provided, however, that in both instances: (a) the person must personally segregate on its premises from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for 7 collecting, processing or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of solid waste originating outside the CITY from hauling such solid waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR' S right to collect and/or dispose of solid waste shall not be exclusive in the event of a failure to collect under Section 31 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR' S employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal services from persons other than CONTRACTOR during such periods, including CONTRACTOR' S bin and/or roll-off service customers. (g) . CONTRACTOR shall not have the exclusive right to collect and dispose of solid waste by providing bin and/or roll-off service if the conditions stated in Section 25 (c) are applicable. (h) The CITY shall notify in July, 1993, in accordance with Public Resources Code Section 49520, all solid waste haulers known to the CITY which are providing temporary roll-off services within the CITY that such services are to be provided only by that solid waste hauler which is authorized by an exclusive contract with the CITY to provide such services. Pursuant to this notification, commencing in July, 1998, CONTRACTOR shall be the exclusive provider of all solid waste handling services within the CITY. 10. SOLID WASTE PROGRAM SURCHARGE: (a) CONTRACTOR shall pay to the CITY a solid waste program surcharge equal to five (5%) percent of the gross receipts derived from CONTRACTOR'S customers. 8 (b) Invoices submitted to customers by CONTRACTOR shall not reference the aforementioned five (5%) percent surcharge. Payments to the CITY of said solid waste surcharges shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the gross receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (c) Failure of. CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. COLLECTION POINTS AND REOUIREMENTS: (a) CONTRACTOR shall not be required to collect solid waste from any curbside service unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in containers, packaged and otherwise prepared for collection in a manner prescribed by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be required to pick up and collect any material or matter which is not solid waste as defined in this Agreement, or to pick up and collect any solid waste from curbside service units which does not comply with the following standards and limitations: (1) All solid waste shall be placed in containers adequate to eliminate overflow or contamination of surrounding areas; (2) Individual containers must not weigh in excess of 15 pounds empty or have a capacity exceeding 35 gallons. The total combined weight of the container and its contents shall not exceed 50 pounds; (3) Cardboard or wood cartons acceptable as temporary containers will be considered solid waste and will not be returned. Any cardboard or wooden carton which is not specifically used as a temporary container must be broken down, flattened down and tied in bundles with strong cord or wire heavy enough to act as a handle, or shall be placed in otherwise acceptable containers; (4) Cardboard, paper, magazines, palm fronds, tree limbs, brush, weeds and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other acceptable containers. Any such bundle or items shall not exceed four feet in length, eighteen inches in thickness, or weigh in excess of 40 pounds; (5) Oil drums, grease drums and similar metal containers, paper grocery bags, broken wooden boxes and crates, broken or wet cardboard boxes, and containers with sharp, rough, or jagged edges which may hamper or injure the handler, are not acceptable as solid waste containers and will not be picked up or emptied; (6) Discarded household items, broken down and packaged 9 in a size and to a weight easily handled by one man will be considered as solid waste; (7) Large, heavy items not broken down, greater in dimension than four feet in length, and eighteen inches in thickness and fifty pounds, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bulky items which may be disposed of under the provisions of Section 19; (8) All kitchen waste, ashes, hair clippings, floor sweeping and similar light materials must be securely wrapped to prevent spillage and to protect the public health and safety. Hot ashes will not be collected; and, (9) CONTRACTOR shall not be required to pick up and collect more than 200 pounds (including containers) for any business or professional curbside service unit. (b) The aforementioned size limitations shall not apply to Christmas trees properly placed for collection. (c) Whenever any solid waste which does not comply with the above standards and limitations is not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject to the approval of the CITY, indicating the reason for non-collection at such curbside service unit. Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY on the day immediately following such non-collection and, if the reason for noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to this continued noncollection. 12 . SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS: (a) CITY SOLID WASTE CONTAINERS: CONTRACTOR shall collect all solid waste placed in CITY owned solid waste containers, not including bus shelter solid waste containers, on arterial streets within the CITY at least one time per week at no cost to the CITY. Further, it shall be CONTRACTOR'S responsibility to collect all solid waste in the area immediately within ten feet of an identified CITY owned solid waste container. The CITY will provide CONTRACTOR with a list identifying CITY solid waste containers. The list identifying the CITY solid waste containers may be modified from time to time as deemed necessary by the Executive Director, provided, however, that the total number of CITY containers from which solid waste is to be collected does not exceed two hundred (200) . CONTRACTOR shall coordinate collection of such solid waste with the Executive Director so as to ensure collection of such solid waste at the appropriate times for the CITY. (b) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all solid waste which is generated by CITY government operations. The 10 CITY shall provide CONTRACTOR with a list of locations of bins and/or roll-off containers from which such solid waste shall be collected. Said list may be modified by time to time by the Executive Director. Solid waste generated by such CITY operations shall be collected by CONTRACTOR per a schedule provided to CONTRACTOR by the Executive Director which schedule shall be approved between the CONTRACTOR and the Executive Director. (c) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director to ensure that solid waste collection is compatible with the CITY'S street sweeping operations. CONTRACTOR will be required to complete their designated routes each day so as not to interfere with the CITY'S street sweeping operations. (d) NEIGHBORHOOD CLEANUPS: CONTRACTOR shall supply roll-off containers for CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll-off containers to be so provided shall not exceed one hundred and sixty five (165) during fiscal year 1993-1994 . The number of roll-off containers to be supplied may increase each year thereafter by ten (10%) per cent, with odd numbers to be rounded up. (e) Notwithstanding the above, at any time that the CITY determines that the number of collections and/or the number of bins or roll-off containers provided for in sections (a) and (d) are not adequately meeting the CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these provisions, and may, by mutual agreement, modify the number of collections, bins, and/or roll-off containers. 13. RECYCLING, YARD WASTE DIVERSION AND DISPOSAL REOUIREMENTS: (a) RECYCLING: CONTRACTOR shall be responsible for the processing of all solid waste pursuant to the schedules contained in subsections (1) , (2) and (3) below which is collected by the CONTRACTOR within the CITY. CONTRACTOR shall process all such solid waste in compliance with the CITY'S Source Reduction and Recycling Element ("SRRE") and CIWMA. CONTRACTOR shall transport all solid waste collected by the CONTRACTOR within the CITY boundaries to a state permitted Materials Recovery Facility ("MRF") , as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All solid waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by waste type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (1) Commencing on July 1, 1993, CONTRACTOR shall be required to process at a MRF for purposes of recycling at least one third (1/3) of all solid waste collected by CONTRACTOR from 11 curbside service units, bins and roll-off containers within the CITY; (2) Commencing on January 1, 1994 , CONTRACTOR shall be required to process at a MRF for purposes of recycling two thirds (2/3) of all solid waste collected by CONTRACTOR from curbside service units, bins and roll-off containters within the CITY; and, (3) Commencing on July 1, 1994 for the duration of this Agreement, CONTRACTOR shall be required to process at a MRF for the purpose of recycling all solid waste collected by it from curbside service units, bins and roll-off containers within the CITY. (b) YARD WASTE DIVERSION: CONTRACTOR shall cause any and all segregated yard waste collected by CONTRACTOR within the CITY 'S boundaries which is capable of being composted, mulched and/or transformed to be processed at a state permitted composting facility pursuant to the schedules contained in subsections (1) , (2) and (3) below. CONTRACTOR shall be responsible to ensure that the yard waste collected by CONTRACTOR is diverted in compliance with CIWMA and the CITY'S SRRE. (1) Commencing on July 1, 1993 , CONTRACTOR shall be required to process at a MRF for purposes of yard waste diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (1) above; (2) Commencing on January 1, 1994 , CONTRACTOR shall be required to process at a MRF for purposes of yard waste diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (2) above; (3) Commencing on July 1, 1994 , for the duration of this Agreement, CONTRACTOR shall be required to process at a MRF for the purpose of yard wast diversion all segregated yard waste which is capable of being composted, mulched and/or transformed and which is collected by CONTRACTOR pursuant to section 13 (a) (3) above. (c) DISPOSAL: CONTRACTOR shall be required to dispose of any and all solid waste which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to the terms of this Agreement, at a legally authorized disposal site(s) as designated by the CITY. If CONTRACTOR is directed to dispose of said solid waste at a location other than the County of Orange's disposal site, both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. (d) CONTRACTOR will act as the contracting body and lead agency with the MRF and composting facility with respect to this 12 Agreement and shall be responsible for, and insure that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. (e) CONTRACTOR hereby agrees and guarantees to the City that CONTRACTOR will do each, every and all things required to ensure that all solid waste generated, produced or accumulated in the CITY which is collected by CONTRACTOR will at all times be infull compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be responsible to the extent solid waste is generated in the CITY and collected or disposed, or both, by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the California Integrated Waste Management Board in the event that the diversion quantities contained in the CITY' S SRRE, or any other requirement of CIWMA, are not met. 14. CIWMA REPORTING REOUIREMENTS: CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the CITY, all monthly or annual reports required of the CITY pursuant to the California Integrated Waste Management Act ("also known as CIWMA") . In addition thereto, within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the CITY an annual report which: (a) provides a collated summary of all the information contained in the monthly reports referred to above; (b) provides a narrative description of all public awareness activities of CONTRACTOR during the past one year which may have impacted recycling participation; and (c) provides a discussion of recycling and source reduction program highlights and difficulties. CITY may require additional reports from CONTRACTOR should the reports requested, or submitted, pursuant to this section not satisfactorily fulfill the CITY 'S requirements. 15. BARE CONSULTANT: (a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S SRRE as required by either the County of Orange AS 939 Local Task Force or the State of California. The consultant to perform such services shall be approved by the CITY. Such consultant services shall be provided upon request by the CITY and shall be subject to final approval of the CITY. The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand ($20, 000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved by the CITY which exceed 13 twenty thousand ($20, 000. 00) dollars per fiscal year shall be the responsibility of the CITY as provided in section (b) below. (b) CONTRACTOR shall submit a monthly report showing consultant services performed for the preceding month. Subject to the approval of the Executive Director, any costs for approved services which exceed twenty thousand ($20, 000.00) dollars per fiscal year shall be made by the CITY within thirty (30) days of receipt of said report for work satisfactorily performed. 16. PUBLIC EDUCATION SERVICES: The CONTRACTOR shall be responsible for the provision of public education services as provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items: (a) the production and distribution of a pamphlet containing trash regulations and holidays to all customers and curbside service units on a yearly basis and to all new service starts at service initiation; (b) the production and distribution to all customers and curbside service units every year of pamphlets concerning source reduction, recycling and/or yard waste diversion on an annual basis and to all new service starts at service initiation; (c) the performance, as needed, of community presentations on source reduction, recycling and yard waste diversion, including the production of all presentation materials; (d) the provision, as necessary, of technical assistance in the areas of source reduction, recycling and yard waste diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; and, (f) cooperation in the production of an integrated waste management video for use by the CITY. This list may be reasonably modified from time to time as deemed necessary and appropriate by the Executive Director. The CONTRACTOR shall be required to work with the Executive Director in the preparation and production of the services listed and to proceed in the rendering of such services as the CITY dictates. Any services required hereunder shall require the Executor Director's approval prior to the execution thereof. 17. STANDARDS FOR COLLECTION, EOUIPMENT AND NOISE: (a) Equipment used by CONTRACTOR for the collection and hauling of solid waste shall be used so as to assure, in the reasonable opinion of the Executive Director, that adequate standards of collection will be maintained. CONTRACTOR shall provide an adequate number of vehicles and equipment for the collection, transportation, recycling, yard waste diversion and 14 disposal of solid waste for which it is responsible for pursuant to this Agreement. All loads in CONTRACTOR'S vehicles shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated in such a manner as to prevent solid waste from escaping the vehicle. Any spillage of materials which occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement shall be registered with the Department of Motor Vehicles of the State of California. The CONTRACTOR'S vehicles and equipment shall be subject to inspection by the CITY. (b) All solid waste, including segregated yard waste, are to be commingled and collected at the same time in one collection vehicle. CONTRACTOR shall not be permitted to allow separate trucks to pick up different types of materials. (c) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety of sizes of bin and roll- off containers to meet the capacity requirements of commercial and residential bin and roll-off users. No material shall be permitted to leak, fall or be spilled on CITY streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned at the CONTRACTOR'S expense. The equipment used must be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. (d) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the collection of said materials shall be dismissed. (e) CONTRACTOR shall equip all residential collection vehicles which collect solid waste within the CITY with informational displays. The CITY shall advise CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the CITY. The CITY may, at it's option, have the messages to be displayed changed once per year. 18. MAINTENANCE OF BINS AND ROLL-OFF CONTAINERS: (a) Bins and roll-off containers provided by CONTRACTOR shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible housekeeping conditions. Bins and roll-off containers supplied by the CONTRACTOR shall, at all times, be maintained by it in a well-kept appearance and shall be marked with reflectorized material where such bins and/or roll-off containers are or may reasonably be expected to be located in the public right-of-way. Customers shall 15 be responsible for the cleanliness, sanitation and deodorizing of such bins and roll-off containers; provided, however, CONTRACTOR shall provide in it 's agreements with it's customers for a bin or roll-off container cleaning service, including painting either as needed, at the request of the customer or at the request of the CITY, for a fee of $ (b) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business days and from roll-off containers within five (5) business days of a request by CITY to do so. Failure to remove the graffiti within the required two (2) business days for bins and five (5) business days for roll-off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200. 00) fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll-off container which requires such graffiti removal a charge of not more than twenty five ($25.00) dollars per incident. (c) The containers receiving curbside service shall be replaced where found. Containers and lids thereof shall not be left in the street or on neighboring or adjoining premises. Trash containers shall not be thrown from the truck to the pavement or in any way damaged by unnecessary rough handling. The CITY reserves the right, upon submission of proof by the owner, to withhold sufficient compensation under this Agreement to adjust and pay any claim for solid waste containers damaged by the willful or careless acts of the employees of the CONTRACTOR. 19. COLLECTION OF BULKY ITEMS: In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to all curbside service units the service of curbside collection of bulky items such as couches, refrigerators, rugs, water heaters, and other items of solid waste, which CONTRACTOR is not required to collect under Section 11 because of size or weight, as follows: (a) Upon request by a curbside service unit within the CITY, CONTRACTOR shall provide no more than two at-demand bulky item collections per year per curbside service unit at no additional cost. Each such curbside service unit is limited to a maximum of four (4) bulky items per pick-up request. Such collection services shall provide the opportunity of having large objects, and other solid waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by curbside service units for such collections shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a reasonable time but no more than five (5) working days after such a request is received. 16 (b) CONTRACTOR shall provide assistance of removal of bulky items on private property to senior citizens and the disabled at no cost. 20. CURBSIDE SERVICE RATES: (a) The CONTRACTOR shall receive compensation from the CITY for supplying curbside service. The total number of curbside service units is stipulated to be 40, 030 as of November 1, 1992 . Such number shall be redetermined on April 1st of each subsequent calendar year by the Executive Director. (b) Rates for curbside service shall be as follows beginning on July 1, 1993 : (c) Rates for curbside service shall be as follows beginning on January 1, 1994 : (d) Rates for curbside service shall be as follows beginning on July 1, 1994 : 21. RESIDENTIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying bin service to residential bin users by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each residential bin service customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. (b) Rates for residential bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning on July 1, 1993 : Category Rate 1 yd 1X 2 yd 1X 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 17 3 yd 1X 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X (c) Rates for residential bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning January 1, 1994 : Category Rate 1 yd 1X 2 yd 1X 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 3 yd lX 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X (d) Rates for residential bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning on July 1, 1994: Category Rate 1 yd 1X 18 2 yd lX 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 3 yd 1X 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X 22 . COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: (a) . The CONTRACTOR shall receive compensation for supplying bin service to commercial/industrial bin users by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such bin service customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. (b) Rates for commercial/industrial bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning on July 1, 1993 : Category Rate 1 yd 1X 2 yd 1X 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 3 yd 1X 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 19 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X (c) Rates for commercial/industrial bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning on January 1, 1994 : Category Rate 1 yd 1X 2 yd 1X 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 3 yd 1X 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X (d) Rates for commercial/industrial bin service, including collection, transportation and any recycling, yard waste diversion or disposal charges, shall be as follows beginning on July 1, 1994 : Category Rate 1 yd 1X 2 yd 1X 2 yd 2x 2 yd 3X 2 yd 4X 2 yd 5X 2 yd 6X 20 3 yd 1X 3 yd 2x 3 yd 3X 3 yd 4X 3 yd 5X 3 yd 6X 4 yd 1X 4 yd 2x 4 yd 3X 4 yd 4X 4 yd 5X 4 yd 6X 23. ROLL-OFF SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying roll-off service by direct billing of the customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such customer. A copy of every such agreement shall be filed with the Executive Director by CONTRACTOR. (b) Rates for roll-off services including container delivery, collection and transportation shall be as follows beginning on July 1, 1993 : Container Size Rate Additional Fee for Compactor 10 cubic yard 20 cubic yard 40 cubic yard In addition to the above container service rates, Contractor shall charge the roll-off service customer for the actual gate fees paid at either the disposal site or materials recovery facility. (c) Rates for roll-off services including container delivery, collection and transportation shall be as follows beginning on January 1, 1994 : Container Size Rate Additional Fee for Compactor 10 cubic yard 20 cubic yard 40 cubic yard In addition to the above container service rates, Contractor shall charge the roll-off service customer for the actual gate fees paid at either the disposal site or materials recovery facility. 21 (d) Rates for roll-off services, including container delivery, collection and transportation shall be as follows beginning on July 1, 1994 : Container Size Rate Additional Fee for Compactor 10 cubic yard 20 cubic yard 40 cubic yard In addition to the above container service rates, Contractor shall charge the roll-off service customer for the actual gate fees paid at either the disposal site or materials recovery facility. 24. ANNUAL ADJUSTMENTS TO CHARGES: (a) HAULING AND PROCESSING CHARGES: The hauling charges and processing charges shall be adjusted annually beginning on July 1, 1994. The hauling charge and processing charge shall be adjusted in accordance with the rate adjustment procedure set forth below: The two indices which will be used for determining the annual adjustments shall be the December Consumer Price Index ("CPI") for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles- Anaheim-Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics with a seven (7%) percent maximum adjustment per year which will be weighted at ninety (90%) percent and the December Producer Price Index, Diesel Fuel #2 (#057303) which will be weighted at ten (10%) percent. The adjustment to the charges shall be effective on July 1st of each applicable year. (b) LANDFILL CHARGES: Should any increase in the gate fees charged by a licensed landfill occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both it's bin service customers and it's roll-off service customers, and CITY shall pass through to its curbside service users, seventy five percent (75%) of any such increase in the gate fees for solid waste taken directly to a materials recovery facility and one hundred percent (100%) of any such increase in the gate fees for solid waste which is taken directly to a landfill. 25. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS: (a) The CONTRACTOR may enter into agreements with bin service customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The following special fees may be charged to bin service customers: (1) A bin which needs to be moved in excess of twenty 22 five (25) feet in order to be emptied may be assessed the following special fees: (a) moving of bins 25 to 50 feet: $1. 00 per month times the number of times emptied each week. (b) moving of bins 50 to 75 feet: $2 . 00 per month times the number of times emptied each week. (2) A bin which possesses casters may be assessed a caster charge of $2 . 50 per bin per month, or such reasonable fee as approved by the Executive Director. (3) CONTRACTOR may apply a surcharge to bin customers who use trash compactors of not to exceed a multiplier of times the normal bin rate for said service. (4) CONTRACTOR may charge a special service charge of $2 . 00 a month, or such fee as approved by the Executive Director, times the number of times a week a bin is emptied for moving a bin out of an enclosure. (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth above. Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse for purposes of emptying a bin. Circumstances not covered by any of the above shall require an inspection by the CITY prior to a determination of the charges which may be imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every customer 's billing. (c) . In the event the CONTRACTOR is unable to provide temporary service to any customer within five (5) calendar days from receipt of a call by such customer, the Executive Director may permit any other licensed hauler to provide temporary service to such customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 26. MINIMUM SERVICE LEVELS - MULTI-FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by bin service, except that CITY may waive such requirement for any residential building existing on January 1, 1972 upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have bin service by this section as to provide for solid waste collection of not less than one-half (1/2) of one (1) yard of solid waste collection per dwelling unit per week. In all cases, collections shall be made at least once 23 per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for residential bin service customers which is designed to promote conformity of bin service collections in any specified area of the CITY to improve sanitation or reduce noise. (b) In the event that solid waste being disposed of at a residential bin service building exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin capacity at said location, he shall cause written notification to be given to the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bins. The notice shall also inform the property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner will be required to increase the number of bins, the size of the bin, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from the customers to the same extent as if the customer requested such additional collections from the CONTRACTOR. 27. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL-OFF SERVICES: In the event that solid waste being disposed of at a commercial/industrial bin or roll-off container unit exceeds the bin or roll-off container capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin or roll-off container capacity at said location, he shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll- off container, or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from such customers to the same extent as if the customer requested such additional collections from the CONTRACTOR. 24 28. SERVICE STANDARDS: (a) The CONTRACTOR'S office shall be accessible by a local or toll-free telephone number. The CONTRACTOR'S office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. daily, except Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after normal business hours, on Sundays and holidays thus enabling the public to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing. Should payment not be received within 45 days of billing, CONTRACTOR shall notify said customer on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the customers which have had service ceased due to nonpayment. 29. SUPERVISION: Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a means for contact at all times during periods of strike or other emergencies. The Executive Director may inspect the CONTRACTOR' S operations, facilities and equipment at any reasonable time and the CONTRACTOR shall admit him to make such inspections at any reasonable time and place. 30. TITLE TO SOLID WASTE: Title to all solid waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection or placed in a bin or roll-off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such solid waste, or any part thereof, in any fashion and for any lawful purpose desired by CONTRACTOR and to retain any benefit or profit resulting therefrom provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. 25 31. FAILURE TO COLLECT: (a) Should the CONTRACTOR fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of solid waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such solid waste, or initiate services to cause or promote its collection, recycling, yard waste diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR'S employees, the notice shall continue in effect with respect to solid waste originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CONTRACTOR shall allow CITY the use, without charge, of any of CONTRACTOR'S collection vehicles, containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, recycling, diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and/or transforming, and/or dispose of solid waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement. In the event of such a material default, the reasonable time for correction pursuant to Section 32 herein shall be seven (7) days. 32. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the 26 receipt by the CONTRACTOR of such written notice. If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR'S response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings in accordance with Chapter three of the Santa Ana Municipal Code. (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the Executive Director indicating the deficiencies, and shall give the CONTRACTOR a reasonable opportunity to be heard. (e) Based on the evidence presented at the public hearing, the City Council shall determine by Resolution whether this Agreement should be terminated. If, based upon the record, the City Council determines that the performance of CONTRACTOR is in breach of any material term of this Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The decision of the City Council shall be final and conclusive. CONTRACTOR's performance under the Agreement is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. (f) The rights of termination or imposition of liquidated damages, as set forth in Section 33 hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's Agreement or impose liquidated damages in the event of any of the following: (1) If the CONTRACTOR practices, or attempts to practice, any fraud upon the CITY; (2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding; (3) If the CONTRACTOR fails to provide or maintain in 27 full force and effect the workers' compensation, liability or indemnification coverage as required by this Agreement; (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred; (5) If the CONTRACTOR willfully fails to make any payments required under the Agreement and/or refuses to provide the CITY with required information and/or reports in a timely manner as provided in this Agreement; or, (6) Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation. (g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to enjoin the breach thereof. (h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default, deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR' S service of written notice of default on the CITY. 33. LIODIDATED DAMAGES: (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied solid waste collection services or denied quality or reliable collection service; (ii) such breaches cause inconvenience, anxiety, frustration, and 28 deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, the CITY may, in its discretion but after complying with the notice and hearing procedures set forth in Section 32, assess liquidated damages of Five Hundred Dollars ($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual CPI adjustment. (c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which CONTRACTOR has been found by the CITY to be in default after having been given the proper notice and hearing set forth in Section 32 of this Agreement. The CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not paid within the ten (10) day period, the CITY may order the termination of this Agreement. 34. USE BY CITY OF CONTRACTOR'S EQUIPMENT: Upon cancellation of this Agreement by either party for any reason prior to the end of the period specified herein as the term of this Agreement, the CITY shall have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors and other items of equipment used by CONTRACTOR in the performance of the work specified in these specifications. Further, the City shall have access to the MRF and composting facilities used by the CONTRACTOR for the processing, recycling and yard waste diversion of solid waste produced or accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of this Agreement for a period of ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY 29 and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 35. COMPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant's name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up solid waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR'S receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick-up by 9: 00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 36. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR' S failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays) , then the following shall apply. (a) . The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, recycling, yard waste diversion and/or disposal services pursuant to Section 31; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refund of such fees 30 granted by the City Council to compensate such fee payers for the inconvenience experienced by them due to CONTRACTOR' S failure to furnish full performance during such period. (b) . In assessing damages, the City Council shall take into account the CONTRACTOR'S efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be given credit for curbside service unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion to the compensation due CONTRACTOR for curbside service during the subject period as the number of curbside service unit collections which CONTRACTOR failed to make bears to the total number of curbside service unit collections which should have been made pursuant to this Agreement. (c) . In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof may be deducted by CITY from money due or which may become due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) . Refunds or reduction of payments of CONTRACTOR' S customers shall be the sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds or reductions or compensatory service upon the customer's filing of a claim for the same with the CONTRACTOR. To the extent bin or roll-off service collections are made at CITY'S expense in the absence of CONTRACTOR'S performance, CONTRACTOR shall be liable to CITY for a proportionate amount of the customers ' payments due to the CONTRACTOR. 37. FEES AND GRATUITIES: CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of solid waste otherwise required to be collected under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to bin service users special services as provided for in Section 25 hereof. CONTRACTOR may make a direct charge in each instance for such service under a written agreement which shall be subject to the approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons requesting such additional services. All such charges shall be collected by CONTRACTOR. Nothing in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render services of any kind to any person to the extent such services are not specifically 31 required by the provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person or entity. 38. LEGAL RELATIONS AND RESPONSIBILITIES: (a) . Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change CONTRACTOR'S right to decline to pick up and collect any material or matter which is not solid waste as defined in this Agreement or to decline to pick up and collect solid waste which does not comply with the standards and limitations set forth in this Agreement, or otherwise operate to materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal laws become effective after the date of execution of this Agreement which require modifications to the terms hereof, the parties agree to meet and confer regarding any such modifications. (b) . Personnel: No employee of CONTRACTOR shall continue to be employed on any work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy. (c) . Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it by City, County, State and Federal agencies. (d) . Workers' Compensation Policy: CONTRACTOR shall maintain in full force and effect during the term of this Agreement, a workers' compensation policy in accordance with the provisions and requirements of the Labor Code of the State of California and such other forms of insurance as shall be required by law. The policy providing coverage shall provide that the insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the CITY. (e) . Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance, or certificate of insurance, satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the performance by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees pursuant to Section 1 of this Agreement, of 32 CONTRACTOR'S covenants hereunder, or any failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amount: Ten Million Dollars ($10, 000, 000) combined single limit. Said insurance shall protect CONTRACTOR and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) . Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers ' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (g) . Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school and college districts regarding the solid waste collection regulations contained herein. (h) . Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any term or condition of this Agreement or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 33 40. SUBCONTRACTORS AND MANAGEMENT: (a) . The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first obtaining the consent of the City Council. (b) . CONTRACTOR shall designate the person to be in charge of administering this Agreement. The CITY retains the right to reject said person at any time during the term of this Agreement upon reasonable grounds. Should the CITY require the replacement of any person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within which to designate, with the CITY' S approval, a new person. (c) . The CITY may cancel this Agreement pursuant to Section 32 or in the event of a breach of the covenants in subsections (a) and (b) hereinabove. 41. ACCOUNTING AND AUDITING: (a) . The CONTRACTOR shall maintain financial records in accordance with generally accepted accounting principles. (b) . CONTRACTOR shall make its records, reports, and methods of accounting available to the CITY'S designated representative during normal business hours to allow the such person to review and verify the information reported pursuant to this Agreement including, but not limited to, the information reported pursuant to Section 14 hereof, the information reported pursuant to Sections 20 through 23 including, but not limited to, the tonnages reported therein, and the gross receipts reported pursuant to Section 10 hereof. 42. BOND: The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2 , 000, 000. 00) conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in force for the complete term of this Agreement. 43. MEDIA RELATIONS: The CONTRACTOR shall notify the CITY by facsimile of all requests for news media interviews related to the CITY'S solid waste collection program within twenty-four (24) hours. Before responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed response with the CITY. Copies of draft news releases or proposed trade journal articles 34 shall be submitted to CITY for prior review and approval at least two (2) working days in advance of release. copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 44. NOTICES: Any notice required by this Agreement shall be sufficiently served if personally delivered or if deposited into the U.S. Mail, postage prepaid, and if addressed as follows: If served by CONTRACTOR upon CITY: Executive Director of Public Works Public Works Agency City of Santa Ana 101 W. Fourth St. , 4th Floor Santa Ana, California 92701 If served by CITY upon CONTRACTOR: 45. GENDER AND NUMBER: As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include the plural. 46. VALIDITY: The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 47. ASSIGNABILITY: CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of performance under this Agreement, whether by assignment or novation, without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or transfer of any rights or interests herein to any other wholly owned subsidiary of . Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or transfer. 35 48. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF SANTA ANA ATTEST: By: DANIEL H. YOUNG JANICE C. GUY Mayor Clerk of the Council APPROVED AS TO FORM: EDWARD J. COOPER City Attorney By: APPROVED AS TO FORM: 36 QUESTIONS AND ANSWERS CITY OF SANTA ANA REQUEST FORPROPOSAL MUNICIPAL SOLID WASTE AND RECYCLING 1. Is there any estimate of the number of multi-family dwelling locations in the City? How many of the 75,000 "dwelling units" as per RFP Item B. 1 are located in these multi-family dwelling locations? Attached is a breakdown of the dwelling units as identified during the 1990 census. 2 . Is there any estimate of the number of temporary hauls per month? RFP Item B. 2 . 4 Since the City' s contractor does not have exclusive rights at this time to collect temporary roll-off construction and demolition debris, records indicating the number of temporary hauls per month are not available. Additionally, the number of haulers providing temporary roll-off service is unknown at this time. • 3 . Is the contractor precluded from using disposal sites other. than County of Orange sites, at their own volition? RFP B.3. & D. 3 . 9 The City may enter into an agreement with the County of Orange in order to guarantee flow control to County facilities. In the event the City wishes to utilize other disposal sites during the term of this agreement, the City and contractor shall meet and confer regarding potential rate adjustments. 4 . Does the approximate roll-off tonnage figure of 93,920 tons/year include temporary roll-off activity conducted by the competing companies? RFP Item B. 4 Since the City does not monitor temporary roll-off activity within the City, the approximate roll-off tonnage figure of 93 , 920 reflects all roll-off solid waste collected only by the City' s current contractor. 5. What is the required frequency by which the City 30 gallon containers on arterial streets are to be serviced? Weekly? As needed? RFP Item C.3 . 5 This is a new program being proposed by the City. Staff anticipates that once per 'week pickup frequency for the arterial street containers will be sufficient. In the event that a once a week collection is not adequate for certain locations, additional pickups will be required. 6. The estimate of 165 roll-off boxes supplied to the City free of charge during fiscal year ' 92- ' 93 - is this 165 cumulative pulls or 165 boxes supplied at one time? RFP Item C. 3. 6 The City currently has 34 neighborhood associations throughout the City. During a year, the City, in conjunction with the neighborhood associations, may elect to have a cleanup day specifically in that neighborhood. The average number of 40 yard roll-offs required for each cleanup is five. Currently 20 'to 30 of these events occur at various times and locations throughout the year. The requirement of the contractor is to deliver, pickup, recycle and dispose of any solid waste collected. 7 . Is landfill cover an acceptable end-use for processed yard waste in the opinion of the City? Using processed yard waste is acceptable as landfill cover to the City providing the State of California, and the County recognize it as such and will allow credit to the City of Santa Ana for the diversion. 8 . Can we assume that if SRRE modification is not required by the orange County AB939 Task Force or the State of California, then the City would not need to utilize a consultant? Is it assumed that the consultant be from external sources? Could the consultant possibly be from ',qualified', contractor personnel? The City will utilize the services of a consultant to develop and/or modify documents of the federal government, the State and/or the County of Orange. (At this time, the State will be requiring an additional element as identified in the recently adopted Assembly Bill 3001 . ) The contractor will be required to consult with the City in the preparation of any such documents. The City will consider allowing the contractor to use "qualified" in house personnel to act as consultants. • 9 . is it correct that contractor is responsible for landfill charges (which are paid directly to the County) as part of the service fee to the City for curbside or to commercial bin customers through direct billing? The Contractor is responsible for payment of all landfill charges resulting from solid waste disposal for curbside or bin services and must be included in the fees charged. Rates charged for exclusive roll-off service shall exclude landfill charges which shall be billed separately to the customer based on actual tonnages. 10. How will the City enforce the separate bagging of yard waste by all curbside, bin and roll-off customers? RFP C.7 . 1 We assume curbside/bin customers pay for the bags? What type of bags? The City will prepare an ordinance requiring the separate bagging of yard waste. The customers will supply their own bags. A specific type of bag will not be required. The City will supply stickers to curbside customers and the contractor will be required to supply stickers to all bin and roll-off accounts. The stickers will identify the bags as yard waste. Enforcement will be by City staff. Legal action may be taken by the City if the customer fails to comply. Cooperation by the Contractor in identifying violators will be necessary. 11. What will be the basis for the landfill adjustment as stated under compensation adjustments (G. 5 #1) ? Actual weights tickets? The successful proposer will be required to breakdown rates for all services as follows: 1) Hauling costs 2) Processing costs 3) Landfill cost Once the landfill portion of the rates is identified, appropriate adjustments can be made to the rate. Landfill adjustments will be passed through within 30 days of County implementation. Currently the County is charging a fee of $22 . 75 per ton. 12 . It is stated that rates are to be proposed for three periods i. e. page 39 . It is also stated that compensation adjustments shall be effective July of each year of the contract (P.40) . Should then our rate for the second year July 1, ' 94 to June 30 195 be independent of the compensation adjustment or should the anticipated compensation be included in that second year rate? The rates proposed for the second year beginning July 1, 1994 should not include any anticipated adjustments for CPI or PPI as stipulated in the RFP G. 5 . The proposed rates will be adjusted based on changes to the CPI and PPI effective July 1, 1994 . 13 . Will contractor be allowed to bill for additional service capacity at apartments when ordinances are changed? RFP Item B.2 .3 Yes, contractor will be allowed to bill for additional services once the City has made the determination that additional capacity is required at a given location. The City's municipal code requires a minimum of 1/2 cubic yards of bin capacity per multi- family dwelling unit. The ordinance change, once approved, will require additional bin capacity in order to eliminate overflowing conditions. 14 . Are annual City generated disposal tonnages available for the previous 4 or 5 years? No, the City does not have annual City generated disposal tonnages for the previous four or five years. Based on payment records, however, tonnages have been estimated for the FY 91-92 fiscal year (see question #35) . 15. Are separate collection vehicles for recyclables absolutely out of the question? Yes, separate collection vehicles for recyclables are out of the question. The City will require the use of one collection vehicle to collect both commingled and source separated yard waste and newspapers. 16 . Is the contractor responsible for monitoring yard waste disposal compliance? How much enforcement will the city do? Yes, the Contractor shall be responsible for monitoring yard waste disposal compliance. In the event a customer is not bagging yard waste separately or properly, the contractor will be required to notify City staff so that enforcement action can be taken. • 17 . RFP Section C.2 says that contractor shall collect all solid waste originating, generated and/or "accumulated" by any person within City boundaries. What is brought in from outside the City? The City has identified only a couple of instances where waste generated outside of the City was being brought into the City for disposal . In those instances, staff has notified those individuals to discontinue importing the refuse. 18 . RFP C. 3 . 4 - Bulky Pick Up Service. Who is responsible for "cfa" disposal from appliances? The contractor shall assume all responsibility for proper disposal of any "CFO ' s" contained in discarded appliances. 19 . would emergency situations allow residential collection outside normal approved hours? If an emergency situation arises which would not permit the collection of solid waste during approved hours, the contractor may, upon notification to the City, collect residential solid waste outside of the normal approved hours. 20. Would containerized/mechanized collection be acceptable. If so, could the contractor charge residents for the initial container? The City is not interested in a program utilizing specialized containers for curbside collection. (It is the City's understanding that specialized containers are required in order to utilize mechanizedcollection vehicles although these vehicles are not, by themselves, unacceptable) . 21. RFP page 40 - Compensation Adjustments, Does this mean 90% of the contract price will be adjusted per CPI and 10% by PPI? Or does this mean that any escalated adjustments would be calculated in a 90/10 ratio from the respective indexes? Something else? The successful proposer shall provide a breakdown of the proposed rates into the following components: 1 . ) Hauling costs 2 . ) Processing costs 3 . ) Landfill Fees The 90% CPI and 10% PPI adjustments shall only apply to the hauling and processing portions of the contractor's rate. 22 . Will medical waste be specifically excluded from commercial or for that matter curbside disposal? Medical waste is currently considered a hazardous material. Generators of medical waste are responsible for the proper disposal of such wastes normally utilizing a company that specializes in medical wastes disposal. Medical waste will be specifically excluded from bin, roll-off and curbside disposal. 23 . Compost facilities - Several compost facilities in Orange County have all the currently required permits to operate and are not violating any permits or regulations. Does the City require or expect any permits beyond what is necessary for these facilities to operate in Orange county? The City expects that compost facilities will have all permits required by state law. 24 . Can temporary roll-off haulers operate until contract expiration date of 7/1998? How about thereafter? Temporary roll-off haulers will be permitted to operate within the City five years from the date that notification of the City's intent to grant exclusive rights for temporary roll-off service is provided. Notification is expected to be given in July, 1993 . 25. Please explain intent of Agreement Section 24. (b) which limits landfill increase pass-throughs to 75% for tonnages taken directly to the MRF? The City is assuming a 25% diversion on all refuse taken to and weighed going into the MRF. Thus the contractor will receive 75% of any increase in the landfill component of the rate should the County increase landfill fees during the term of the agreement. The 75% pass-through also serves as a financial incentive to the Contractor to recycle in excess of the 25%. 26. Will City require source separation of newspaper along with yard waste? _ All customers will be requested to separate their newspapers. At this time the City has not decided whether or not to request bundling of such newspapers. This will be done through public education efforts. • • 27. Is residential curbside pickup fees mandatory? All curbside pickup customers are required to pay for weekly service whether or not the building is occupied. The successful contractor will receive payment for all curbside pickup units. 28 . Will contractor be able to supply one single can to curbside customer for automated pickup? The City is not interested in a program utilizing specialized containers for automated curbside collection. Due to the large volume of trash generated in Santa Ana, staff has considerable doubts about the adequacy of a single can to contain all solid waste for each household. Staff strongly urges proposers to bid curbside service as described in the RFP. 29 . Clarify GPI & PPI adjustments. If actual costs of hauling reflect different than 90/10 ratio, can 90/10 ratio change? The successful proposer will be required to break down the rates to include landfill costs, hauling costs, and processing costs. The RFP identifies a formula of 90% CPI and 10% PPI to adjust the contractor ' s hauling and processing costs. If the actual costs of the contractor are different than the 90/10 ratio, the City is willing to consider adjusting the ratio. 30. Is the number of apartment complex stops available? The City' s contractor has indicated that there are 956 stops at apartment complexes utilizing bin services. 31. How do we monitor temporary service provided by outside contractors for C&D? The City does not monitor temporary service provided by outside contractors. At this time we do not have records on companies operating in the City or the amount (tonnages) of temporary construction and demolition debris collected. 32 . will 5% franchise fee apply to awarded contractor for C&D temporary service? The 5% franchise fee required of the successful contractor shall apply only to all solid waste which the contractor has the exclusive right to collect and dispose of. The 5% fee shall not be applied to any temporary roll-off containers the contractor supplies for construction and demolition debris unless or until such a fee is required of all temporary roll-off haulers. 33. Do we require litigation reports from large parent companies or just for local subsidiaries. The City will limit its requirements identified in section F2 . 9 to parent company, parent company subsidiaries operatina in California, all partners, principles or joint venture companies. 34 . Does the City require audited financial reports from subsidiaries? (Most audited reports are for parent company) . If an entity which will sign the contract has a parent company, the City will accept unaudited financial reports for the entity as long as audited financial reports are submitted for the parent company. 35. Can the City provide additional information regarding City roll-off services ie: number and size of containers, locations, frequency of pickup, estimated tonnages etc. Based on FY 1991-92 payment records, roll-off services are as follows: Estimated Previous Tons 40 Yd Containers Cost Contractor 3 , 320 415 (Average $ 136, 100 Pickup At Yard 8 per week) City Crews 4 , 300 N/A 97, 800 delivery to landfill Stadium Roll-off* 25, 100 $ 259, 000 (Rounded to $260, 000 in RFP) * Based on actual bins over 9 month period. 36 . Any limits to indemnification of subsequent legislation? Concerns about substantial increase in state requirements. The indemnification required by the City is for compliance with current recycling laws and the City ' s SRRE. In the event that state or county requirements exceed current requirements, the City shall meet and confer with the contractor regarding proposed changes. 37 . Will the City have a Force Majeure clause in the agreement? The City does not generally favor Force Majeure clauses in its agreements. No such clause exists in the present agreement. 38 . What type of verification is required for wastes leaving a MRF? The contractor must develop a verifiable system to ensure that Santa Ana ' s outgoing recyclables, under this program, are accurately tracked by material type. Either by: 1. Keep material collected separate and weigh each material separately by material type; or, 2 . Provide a verifiable system, subject to the approval of the City, for determining the amount of each material type recovered from waste generated within the City. 39 . Provide copies of attendance sheets. A copy of the mandatory pre-proposal conference attendance sheet is attached. 40 . How were diversion tonnages arrived at? Are these City or contractor programs that are expected to continue? The diversion tonnages were determined by a consultant hired by the County on behalf of the County and all of the Cities to determine baseline , diversion tonnages - how much was being diverted or recycled by each community. These tonnages are not results of programs specifically initiated by the City or the present contractor. 41. Will the City get credit for the diversion credit shown in the SRRE? Yes, the diversion credit identified in the SRRE is part of the base that will be utilized in determining the City' s compliance with state mandated targets. Therefore this credit will remain unless the laws are changed. 1990 CENSUS BREAKDOWN Housing Type No. of Units Single Family Detached 32,978 Single Family Attached 6,075 2, 3, 4 Unit Dwellings 7,301 5+ Units 23,835 Mobile Homes 4,784 TOTAL 74,973