Item 20 - Solid Waste Services Proposers

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Attachment 5 Proposal Summary – REPUBLIC SERVICES (Republic) February 9, 2021 5 ‐ 6 City of Santa Ana Optional Program: Processing of Commingled Refuse and Recyclables OPTIONAL PROGRAM – PROCESSING OF COMMINGLED REFUSE AND RECYCLABLES Republic prefers to provide source separated recycling collection to customers; however, if requested by the City, Republic will provide some processing of commingled refuse and recyclables. Republic will discuss the potential for the amount of processing at CVT and incremental rate impacts with the City. Republic did not provide the diversion percentage for the last 12 months for processing of commingled refuse and recyclables. Attachment 3‐L: 40% proposed increase for customers without an AB 341 compliant program. Optional Program: Citywide Construction and Demolition Debris Collection and Diversion OPTIONAL PROGRAM – C&D COLLECTION AND DIVERSION Material to be processing at Anaheim Materials Recovery Facility. Estimated diversion rate is 65% to 80%. Proposed Exceptions to Franchise Agreement NUMBER OF EXCEPTIONS DESCRIPTION OF EXCEPTIONS TAKEN 9 Republic takes exception to the following terms of the Draft Franchise Agreement: 1. 2.10 City's Right to Direct Change ‐ Republic requests amendments to this Article as follows: i) Adjustments to Contractor Compensation as a result of City’s Right to Direct Change as described in this Article, will not be unreasonably rejected, modified or delayed. ii) If City and Contractor are unable to agree on compensation for new/additional services, Contractor will be compensated by the City for impacts of such change to Contractor revenues and/or costs, for the remaining term of the Agreement. 2. 4.3.9; and 4.7.4.6 Service Rates ‐ Republic requests amendments to these Articles as follows: i) Article 4.3.9 should include a contamination charge for every instance whereby the Contractor needs to send an MSW collection vehicle to service the contaminated recycling containers. ii) Article 4.7.4.6 regarding Overflowing Containers, Contractor should be allowed to charge an Overflowing Container charge in every instance where the customer overloads the containers. 3. 4.2, 4.2.2 and 4.2.10 Residential Curbside Service ‐ Republic requests amendment to these Articles as follows: i) Article 4.2.2 Cart Overage for Residential Curbside Service to require all MSW to be placed in the carts, with lid fully closed. Additional setouts will be tagged (not collected) for customers to then notify the Contractor for a Bulky Setout under Article 4.2.10. 4. 4.4.9.1 Contractor Warranty of Recovered Organic Waste Products ‐ Republic requests that the City allow Contractor to meet the pathogen requirements of CalRecycle. 11/6/20 Response ‐ Republic’s proposed language: “4.4.9.1 Contractor Warranty of Recovered Organic Waste Products– Contractor shall provide assurance through the execution of a liability waiver stating that all organic waste products provided by the Contractor and used within the City are free from pathogens as defined by CalRecycle with the following quality control protocol: United States Composting Council guidelines requiring testing that demonstrated fecal coliform levels of <1000 MPN/gram of dry compost or Salmonella < 3MPN/ 4 grams of dry compost.. The Contractor shall indemnify and hold harmless the City against any claims arising from contaminated recovered organic waste products provided by the Contractor as set forth in Section 9.1.” 5. Article 4.7.3.E and Article 9 ‐ Damage to City Streets ‐ Republic requests limiting Contractor liability for such matters to damage caused by its negligence or willful misconduct. 6. 4.7.3.B Vehicles – RNG requirement ‐ Republic requests modification of this Article to allow for inclusion of other low‐emission vehicles such as CNG vehicles and EV vehicles. 7. 4.7.4.8 Collection of Former Contractor containers ‐ Republic requests that the City require the Former Contractors to remove their containers at the Former Contractors cost.