HomeMy WebLinkAboutGREAT WESTERN RECLAMATION, INC. PROPOSAL 6-30-93 REQUEST FOR PROPOSALS
CITY OF SANTA ANA
MUNICIPAL SOLID WASTE COLLECTION & RECYCLING
JANUARY, 1993
The City of Santa Ana, 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:
Teri 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 Ana, 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
CM 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 PPee
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)
B.2 CURRENT SOLID WASTE COLLECTION SYSTEM
B2.1 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
Apartmentlfour-plex units 673
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.2.2 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 28 8
1YD 2 80 1 0
2 YD 1 80 293 615
2YD 2 125 191 160
2 YD 3 164 48 41
2YD 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
112.4 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
latigna # 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
B.4 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 RESPONSIBILI'1'1ES
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.
C2 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
C.&1 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.
Commercial/Industria1 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 Rem 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 REQUIREMENT'S
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 ervicpitmen
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.
CS 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;
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(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 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.
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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.
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SECTION D
KEY CONTRACT TERMS, SERVICE CONDITIONS, &PERFORMANCE
REQUIREVIENTh
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.
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(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.
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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.3.8 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.
D.3.10 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.
D3.15 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.
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D.4 CONTRACT LENGTH
DA.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.
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SECTION E
REQUEST FOR PROPOSAL PROCESS
El TINE SCHEDULE
The anticipated schedule for the procurement process is as follows:
Activity rig
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
ES 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 SUBMITTAL
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.4.2 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-upvTransition 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 highquality 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 Recyclable.'
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.
EA 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.
£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 grounds 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
informational u • ., • only. The City makes no warranty as to the accuracy of this
informatio 1 udinub ut not im' d to w c P generation and disposal quantifiP
numbernumbersicustameraatacervi pros id d cuurrent m p tru ure nd 1 o h r
statistical data and descriptive information. The City disclaims any responsibility
for any such information which may subsequently be determined to be incomplete
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-i,
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
F.2.1 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 tServices
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.
F2.5.2 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.
F2.8 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.
Proposals which do not include complete and accurate information regarding
current and historical civil and criminal actions and litigation may be considered
non-resnonstve.
F2.10 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.
G.2.1.3 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.
G2.1.5 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 Rateg
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: Commercial/Industrial Bin Service Rate
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 CPI.
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
•SCHEDULE 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
$ $ $
Cost Proposal Forms
® City of Santa Ana
Schedule 2
I. BASIC SERVICES
BAR'e§idetttiai:!:Bitif!'Sefii:iteil:Rate§Nnaag:::IMM3!::]!$R.OM'UE!]HMI :0'!'!w::
.. . . . . . .... . ..,... .. . . .. . .
L.. . . . _L. . . ... .. . .. . .: . „ .
I. . . . . . . .
:,:Itlitlillii ,:ttltll:Uillt!11Po!Y,111[':1'11. .IIIMIIIgl:I"M"° °4*ffi't4J14..:4'S:.1il[li14r".11.1II-r'41h-411°)11.
First 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
City of Santa Ana
Schedule 3
... '..-. .. . . -- .- .. . . ...' . --. .
I. BASIC SERVICES . .. .• • . . . -• .. .
. . . . . . . . . . . „. . . ... .. . . . .. . .. .. ..... . ..... ... . .... . . : ::::::::::::::,:.::..:::::
ogitegia6iitti:::t IliliEgiiiiiiiiiiififieffillYiNOiNKAMIN:$h :;$hicE•mihED:mg:!
...
.:::::: . . .. . . .. .. . . . . .. . ... . ....
iiIIMT1!001*:,iii:•:ih',iiliiiihliiEriiIiiiiirilliiiiiiiiitiiiiiiiiiit,t6iifitiiiiiiiieriiiiiiiiiiii
stif:Stielflromii.:,. :.:imrmalleiniiig l'. .t&ifvfijiiier:: :":.•::::::::::::'::: ' ...-.',.:*:::,::::,:::E::::t::":"::*:::*::::::::::::-,.:-:::.,,,,,
,,,. ..•::. - ::;! First Second Second
::::::::m•,.]:Jii::i:::',..1.::•.m:::i!•:::t.:!•:mT:mt:: :1.:..::: ::.:H.:Niii..:.Hyveek.i.::..no•Jmi:•p•Emig,: ;!!!::n.,.:!io.::.
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
''''''' City of Santa Ana
Schedule 4
I. BASIC SERVICES - - . . - - - • -
. .
- - -
Commercial/industrialn'aIMBE:'.,,HigNMESDNEE-E8ica
i
Bin Service
ERtli!E,Ez:aimam.,amifiiH-,:m:m
.. . . . . . . ... ... .. , ... ..... „.. ..... „ .... . .
. . . . .. . . . „ „
Pickups pod
'y:IINERE':otisiielogiblum11111111111oiigaigi,i.''''''''''''' :.,,,,,,,,,,,,,i,,,:,::,,,,m'..::-:,,." .,'''',",,,,,,,"."':."'".'-',"::::.,:ii-,:
First 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 ......
City of Santa Ana.
Schedule 5
- ..H. . : .. ' - .-. - '. . • I. BASIC SERVICES
:::::.:........:..;...:.:„..:.,.,.....,....:.::::::::::::::::,...„.::::•.:::.:.:::-.:.,..::.::....,.....,..,...:...:::.::::::.::::::::::.:::._.,*;::.:::::::::::E::.::::i.:::.:E;i::::::K:::::::::.,*::::,,H,,,in.:i::::iii,A:Ni::m:::: : :::::::]tH ]::::ii :::.:E,:i.:::::ii: ::.:]iii: im::.:::mi:t:::::: :m:;!:::::: :ir,,.
i3..:.]'::.:. :CH:Iiiiiieldalitlidiigtiriat:Biii0Sefiel.teltetet.tilt:•J::: : :E:".on]i.:::::i].:o]•:::.*Em.::m:!.:::
11:11111111111IIIIMMII.'111111i1P140001111111M01111111111:11111:111tiiii114(4t Revenue
mill101kooaiMillooligil?oHilm.mimitfi:IY.,11 First Second Second
11110:40.01!.1glii,:i:1101111i!li,lh'i,IIIWg#,Siielhi:A.Ogi'giting• 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
GRAND TOTAL $
(A+B+C)
Cost Proposal Forms
1"'""m° City of Santa Ana
Schedule 6
L BASIC SERVICES
D. R
o
l
l
-O
f
f
Service
Rates
First 6 Months
Additional Fee
Box Size Rate Per Dump* For Compactor
10-Cubic Yards
20-Cubic Yards
40-Cubic Yards
Second 6 Months
Additional Fee
Box Size Rate Per Dump* For Compactor
10-Cubic Yards
20-Cubic Yards
40-Cubic Yards
Second Year
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 Amount
1.
2.
3.
4.
5.
6.
7.
Cost Proposal Forms
City of Santa Ana
Schedule S
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.
. . . . . . . . .• . . . .
. . . . . . . . . „ . . ...,... .. .
Per.Vehicle
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
Year 1 Year 2
$ $
$ $
$ $
$ $
. . . . . . . . . . . . . . . . . .
•
. . . . . 8. Emergency Roll-Off Service
. ..... .. . .
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
$ $
$ $
$
tats 1/15/9]
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 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.
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(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.
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(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.
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.
(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.
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(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
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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
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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.
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.
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(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 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
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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
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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. 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 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
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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 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 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 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
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 lX
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. LIQUIDATED 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 EOUIPMENT:
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
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 FOR PROPOSAL
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 8. 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 8.2 . 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 13. 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, 194 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
"cfc" disposal from appliances?
The contractor shall assume all responsibility for proper disposal
of any "CFC' 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 mechanized collection 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 CPI & 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 COD
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 operating 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