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HomeMy WebLinkAbout65B - SOLID WASTE RFPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2018 TITLE: DISCUSS OPTIONS AND APPROVE ISSUANCE OF THE SOLID WASTE SERVICES REQUEST FOR PROPOSALS (STRATEGIC PLAN NO. 4, 1) CIYY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Prior to issuing the Solid Waste Services Request for Proposals (RFP), staff is seeking City Council direction on several RFP components. The following options are presented for City Council discussion and consideration: A. Proposer Code of Conduct (Sec. 4.3.1): Option #1: Proposers are required to sign the Proposer Code of Conduct that includes prohibition of ex parte communications with City elected officials. Option #2: Revise the Proposer Code of Conduct to allow ex parte communications only during a designated period of time, prior to the proposal due date, in meetings to be held at City Hall, with the City Manager's designees present. B. Construction and Demolition Proposal (Sec. 5.9): Option #1: Offer proposers the opportunity to submit a proposal that includes Construction and Demolition Collection Services, a proposal that excludes Construction and Demolition Collection Services, or a proposal offering Construction and Demolition Collection Services only. Option #2: Exclude Construction and Demolition Services from inclusion with the Solid Waste Services proposal and request interested proposers to submit a separate proposal for Construction and Demolition Collection Services only. C. Optional Street Sweeping (Sec. 5.10) and Power Washing (Sec. 5.11) Proposals: Option #1: Offer proposers the opportunity to submit a proposal for Solid Waste Services that includes Street Sweeping and/or Power Washing services. 6513-1 Approve the Solid Waste Services Request for Proposals January 16, 2018 Page 2 Option #2: Remove this option from the Solid Waste Services Request for Proposals and continue to contract separately for these services. D. Evaluation Criteria (6.2): Option #1: Approve the standard Evaluation Criteria presented in the RFP, as summarized in the following table: Responsiveness to RFP Pass/Fail Company Qualifications and Experience 20% Proposal for Collection and Diversion Services Customer Service, Outreach and Education, and Operational and 25% Material Management Infrastructure Cost Proposal 30% I California Assembly Bill 1669 Hiring Preference Intent +10% Requirement Compliance Number and Materiality of Suggested Changes to Franchise " Noted Agreement Option #2: Provide staff with a preferred Evaluation Criteria. E. Explore options for youth employment opportunities to be included in the RFP. STAFF RECOMMENDATION Approve issuance of the Solid Waste Services Request for Proposals on January 30, 2018, including staff recommended option Items A, Option #1; B, Option #1; C Option #1; D Option #1; and Item E, to maintain the established implementation timeline, subject to nonsubstantive changes. DISCUSSION On October 3, 2017, Council directed staff to proceed with a Solid Waste Services Request for Proposals (RFP). Council was provided the first draft of the RFP at the December 5, 2017, council meeting as part of Item 65A. The revised draft RFP is attached for review and approval (Exhibit 1). The City's Solid Waste Services Implementation Timeline (Exhibit 2) estimates 25 months from RFP release to implementation readiness. The following summarizes the current and proposed new services/components in the RFP scope: 65B-2 Approve the Solid Waste Services Request for Proposals January 16, 2018 Page 3 Residential Current Services • Three -cart program • Bulky Item • Up to 300 40 -yd containers annually for City -sponsored neighborhood clean-ups New Services • Curbside used oil and filter • Curbside universal waste • Sharps • Compost giveaways and shredding events • Contamination enforcement plan Commercial. Multi -family, and Industrial Current Services Commercial, multi -family, and Industrial collection services • Recycling at a cost savings 0 Bulky item services for a fee New Services • To Meet State Mandates: 9 Integrated Waste Management Act —AB 939 ➢ Mandatory Commercial Recycling —AB 341 ➢ Mandatory Organics Recycling — AB 1826 ➢ Future State mandates • Contamination enforcement plan Other Services Current Services • Every -other -week alley clean-ups • Clean-ups after garage sale weekends • City operations services at no charge • Public education and outreach • Grant administration • Source Reduction and Recycling Element consulting up to $20k per year L• Approve the Solid Waste Services Request for Proposals January 16, 2018 Page 4 New Services • Weekly alley clean-ups • Small battery recycling collection • Construction and demolition services option • Street sweeping services option • Pressure washing services option In addition, Council direction is needed regarding the following components of the RFP scope. These policy decisions will have a significant impact on proposal evaluation, contract cost, and will ensure a smooth and transparent RFP process. Proposer Code of Conduct (Sec. 4.3.1) Staff is recommending that proposers be required to sign the Proposer Code of Conduct that includes prohibition of ex parte communications with City elected officials. This will protect the integrity of the RFP process by restricting unfair access to Councilmembers by the proposers, and safeguards Councilmembers from the appearance of impropriety. As an option, staff supports revising the Proposer Code of Conduct to allow proposers to schedule to meet with Councilmembers at City Hall, during a specified time period prior to the proposal due date, with the City Manager's designees present. Construction and Demolition Proposal (Sec. 5.9) Staff recommends offering proposers the opportunity to submit a proposal that includes Construction and Demolition Collection Services, a proposal that excludes Construction and Demolition Collection Services, or a proposal offering Construction and Demolition Collection Services only. This will provide maximum opportunity comparison and potentially for reduced pricing for this service. Optional Street Sweeping (Sec. 5.10) and Power Washing (Sec. 5.11) Proposals Staff is recommending offering proposers the opportunity to submit a proposal for Solid Waste Services that includes Street Sweeping and/or Power Washing services. This may also provide an opportunity for reduced pricing for these services. Evaluation Criteria (6.2) Staff recommends using the standard Evaluation Criteria presented in the RFP. This criteria has been used in many similar RFP processes by the City's Consultant (Sloan Vazquez, LLC) and is considered their Best Management Practice. L• Approve the Solid Waste Services Request for Proposals January 16, 2018 Page 5 Options for Youth Employment Opportunities Staff is interested in seeking options for youth employment within this contract, and would like Council's concurrence and any further direction on options to include in this RFP. Approval of the Solid Waste Services Request for Proposals for issuance on January 30, 2018, inclusive of staff recommended option Items A, Option #1; B, Option #1; C Option #1; D Option #1; and Item E, will maintain the established implementation timeline. STRATEGIC PLAN ALIGNMENT Approval of these items support the City's efforts to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. However, increased recycling activity will divert materials from the landfill, thus extending the life of the landfill system and recovering valuable recyclable resources. FISCAL IMPACT There is no fiscal impact associated with this action. Fred Mousavipour Executive Director Public Works Agency FM/MLM/CK Exhibits: 1. Revised Draft Solid Waste Services RFP 2. Revised Solid Waste Services Implementation Timeline (Rev. 11/30/17) L• Request for Proposals U ERVICES the City of Santa Ana, CA 2018 Exhibit 1 65B-7 City of Santa Ana, California TABLE OF CONTENTS SECTION 1- INTRODUCTION...... 1.1 City Goals and Objectives ................................................. 1.2 RFP Overview.................................................................... 1.3 Organization of RFP .......................................................... 1.4 RFP Schedule.................................................................... Table of Contents ......................................................1 SECTION2 - BACKGROUND.................................................................................................................4 2.1 Background Information..............................................................................................................4 2.2 Contract Arrangements for Collection, Processing, and Disposal................................................4 2.3 Agreement Term..........................................................................................................................4 SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES.................................................................5 3.1 Summary of Collection Services...................................................................................................5 3.2 Collection Services........................................................................................................................6 3.3 Customer Rate Arrangements....................................................................................................14 3.4 Public Education and Outreach..................................................................................................14 3.5 Diversion Requirements.............................................................................................................16 3.6 Requirements for Operations, Equipment and Personnel.........................................................16 3.7 Billing, Customer Service, Record Keeping and Reporting.........................................................18 3.8 Contractor Implementation Plan...............................................................................................21 3.9 Alternative Proposals.................................................................................................................21 SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS....................................................................23 4.1 Rights Reserved by the City........................................................................................................23 4.2 General RFP Requirements........................................................................................................23 4.3 Code of Conduct.........................................................................................................................24 4.4 Proposal Submittal Process........................................................................................................24 4.5 Limits on Disclosure of Proposals...............................................................................................27 SECTION 5 - SUBMITTAL REQUIREMENTS..........................................................................................28 5.1 Proposal Outline.........................................................................................................................28 5.2 Cover Letter................................................................................................................................30 5.3 Executive Summary ....................................................................................................................30 5.4 Company Description.................................................................................................................30 5.5 General Collection Related Submittal Requirements................................................................34 5.6 Exceptions to RFP and Franchise Agreement.............................................................................36 DRAFT RFP for Franchise Collection Services 11/28/17 Page ii 65B-8 City of Santa Ana, California Table of Contents 5.7 Cost Proposal..............................................................................................................................36 5.8 Other Proposal Forms................................................................................................................38 5.9 Construction and Demolition Proposal......................................................................................38 5.10 Optional Street Sweeping Proposal...........................................................................................38 5.11 Optional Power Washing Proposal.............................................................................................38 5.12 Additional Information...............................................................................................................38 SECTION 6 - PROPOSAL EVALUATION PROCESS.................................................................................39 6.1 Proposal Evaluation Process.......................................................................................................39 6.2 Evaluation Criteria......................................................................................................................39 LIST OF TABLES Table1-2 RFP Schedule.........................................................................................................................3 Table 3-1 Matrix of Services by Sector..................................................................................................5 Table5-1 Proposal Outline..................................................................................................................20 Table 6-1 Evaluation Criteria and Maximum Evaluation Score...........................................................30 ATTACHMENTS 1......... Draft Agreement for Collection Services 2......... Proposer Code of Conduct 3......... Non -Collusion Affidavit 4......... Supplemental List of City Facilities 5......... Demographic Summary 6......... Service Data 7......... Current Rates 8......... Cost Proposal Forms 9......... Optional Street Sweeping Proposal Data and Form 10....... Optional Power Washing Proposal Data and Form 11....... AB 1669 Section 1070-1075 12....... Acceptable Household Hazardous Waste DRAFT RFP for Franchise Collection Services 11/28/17 Page iii 65B-9 City of Santa Ana, California SECTION 1- INTRODUCTION Section 1. Introduction By issuing this Request for Proposals (RFP) for collection services, the City of Santa Ana (City) is competitively procuring franchised collection services. The City is seeking proposals for the collection of solid waste, recyclable materials and organic materials from Residential, Multi -Family Dwelling (MFD) and Commercial accounts and for City facilities, operations and events. The City's goals for the RFP process are to: 1. Implement high-quality, consistent and safe service delivery at the best value, 2. Secure excellent customer service and programs, and 3. Ensure diversion programs meet state mandates/industry standards and best practices. The City is soliciting proposals from service providers who can deliver efficient service while meeting the recycling diversion targets set by the City. Service providers are referred to as "Proposer" or "Collector" throughout this document. Participants in this RFP process should make note of and comply with the Proposer Code of Conduct (Attachment 2). A key point of reference is the Draft Collection Services Franchise Agreement (Agreement). The Agreement is included as Attachment 1. The Agreement provides definitions, contract terms, and conditions, including a complete description of the collection services requested. If there are differences between this RFP and the Agreement, the terms and conditions in the Agreement shall prevail. 1.1 City Goals and Objectives The City's goals and objectives for the RFP process and future collection services are as follows: 1.1.1 Integrity. Competition in Selection Process. and Industry -Standard Contract Terms • Conduct the RFP process with integrity and transparency • Stimulate competition among proposing companies • Set high performance, safety and regulatory standards • Ensure value for ratepayers • Enter into contract with fair terms and conditions 1.1.2 Quality, High -Value Programs • Consistent, reliable and quality service • Demonstrated safety standards and proven safety record • Efficient service delivery that provides a strong value to the ratepayers • Responsive customer service system • Well-planned and professionally -executed transition to any new programs and services • Quality outreach and education • Effective diversion programs to ensure compliance with regulations • Local presence and commitment to serving the community DRAFT RFP for Franchise Collection Services 11/28/17 Page 1 65B-10 City of Santa Ana, California Section 1. Introduction 1.2 RFP Overview The City initiated this RFP process to plan future programs and services and select a future contractor(s). The process will result in a new contract for collection services. The RFP process involves planning, soliciting and evaluating proposals; selecting and negotiating with the selected contractor; and, an implementation period leading to commencement of services on July 1, 2020. The City is soliciting proposals for the collection, transfer, disposal, processing and marketing of all solid waste, recyclable materials and organic materials. The City is interested in receiving proposals from companies that have demonstrated experience in providing solid waste, recyclable materials, and organic material collection services comparable to those described in this RFP and the Agreement. The City seeks collection contractors that place a high priority on customer service, community involvement, safety, and regulatory compliance. The City also requires proven diversion programs that achieve the City's and the State's goals. 1.3 Organization of RFP This RFP is organized into six sections as follows: Section 1 provides a brief introduction to the RFP. Section 2 provides background information including a description of the City service area. Section 3 presents the scope of requested collection services. Section 4 provides the RFP policies, conditions and process. Section 5 describes the RFP submittal requirements. Section 6 outlines the proposal evaluation process and proposal evaluation criteria. 1.4 RFP Schedule The key activities and completion dates for the RFP process are provided in Table 1-2. described in detail in Section 4. All questions regarding the RFP must be submitted the Submission of Written Questions specified in Section 4.4. DRAFT RFP for Franchise Collection Services 11/28/17 65B-11 The RFP process is in accordance with Page 2 City of Santa Ana, California Table 1-2 RFP Schedule Section 1. Introduction City releases RFP y. . January 30, 2018 R.S.V.P deadline for pre -proposal meeting by 4 p.m. February 15, 2018 Deadline to submit signed Proposer Code of Conduct February 22, 2018 Mandatory pre -proposal meeting at 1:00 p.m. February 22, 2018 Deadline to submit written questions by 4 p.m. March 20, 2018 Responses to written questions, summary of responses provided at the pre- proposal meeting, and RFP addendum issued April 9, 2018 Proposals due by 4 p.m. May 29, 2018 Requests for clarifications of proposal information issued July 3, 2018 Proposer Interviews August 7, 2018 Evaluation results reported to City Council October 2, 2018 Contractor commence providing services July 1, 2020 * The City reserves the right to modify this schedule as needed. DRAFT RFP for Franchise Collection Services 11/28/17 Page 3 65B-12 City of Santa Ana, California SECTION 2 - BACKGROUND Section 2. Background The RFP and its attachments contain data about the demographics of the City and historical information related to collection operations including the number of customers, tonnage collected, routes, etc. 2.1 Background Information The information presented in this section and related Attachments are for informational purposes only. Each Proposer should take whatever steps it believes are necessary to determine the actual service requirements of the City and understand service conditions when preparing a proposal. Attachment 4 provides supplemental information on the City service area. Attachments 5 and 6 provide demographic information and detailed service data (including number of customers, tonnage collected, etc.), respectively. Attachment 7 provides current rates for collection services. 2.2 Contract Arrangements for Collection, Processing, and Disposal Below is a description of the future contracting arrangements. 1. Collection. Contractor will be responsible for collection of solid waste, recyclable materials, organic materials and all non -excluded materials as described in the Agreement. 2. Disposal. Contractor will be responsible for transport and disposal of solid waste. 3. Recyclable Materials Services. Recyclable Materials processing services will be conducted and/or contracted by the selected contractor. 4. Organic Materials Services. Organic Materials processing services will be conducted and/or contracted by the selected contractor. 2.3 Agreement Term The term of the new Agreement will commence on July 1, 2020, and will continue for ten (10) years, ending June 30, 2030, unless the Agreement is extended in accordance with Article 3.2 of the Franchise Agreement or terminated early pursuant to Article 12.2 of the Agreement. The Term of this Agreement may be extended, at request of the Contractor, and at the sole discretion of the City, by written agreement of the Parties twice for succeeding terms of five (5) years each, provided that Contractor is in compliance with all terms and conditions of the Agreement, according to the process described in Articles 3.2 and 3.3 in the Agreement. DRAFT RFP for Franchised Collection Services 65B-13 11/28/17 Page 4 City of Santa Ana, California Section 3. Scope of Requested Collection Services SECTION 3 - SCOPE OF REQUESTED COLLECTION SERVICES This section provides a brief description of the collection services solicited through this RFP. Article 5 of the Agreement provides the detailed scope of services. 3.1 Summary of Collection Services The collection services are separated by service sector (i.e., Residential Curbside, MFD, Commercial and City). The Agreement provides the contract terms and conditions including a complete description of the collection services requested, including a Scope of Services. It also describes public education and outreach requirements for the initial start-up operations and ongoing operations; operations, equipment and personnel; billing, customer service, and reporting; franchise fees and other fees; contractor's compensation and rate setting; insurance and performance bond; and performance standards and liquidated damages. 3.1.1 Exclusivity of Collection Services Contractor will have exclusive rights to collect: 1. Residential Curbside, MFD and Commercial solid waste, recyclable material, and organic material from within the service area; 2. Materials hauled in roll -off boxes with the exception of construction and demolition materials; and, 3. Residential, MFD and Commercial bulky -items. Limitations to the Contractor's exclusive rights are described in Article 4.2 of the Agreement. 3.1.2 Responsibilities of Contractor Contractor will be responsible for the following, pursuant to the requirements of the Agreement: 1. Collecting Solid Waste, Recyclable Materials, and Organic Materials generated by and placed for Collection by Customers of Contractor's services. 2. Transporting Collected materials to the appropriate Approved Facilities; 3. Performing all other services required by this Agreement including, but not limited to, Commercial, Multi -Family and Roll -Off Customer billing; public education; customer service; record keeping; and, reporting; 4. Furnishing all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement; 5. Paying all expenses related to provision of services required by this Agreement including, but not limited to, taxes, licenses, regulatory fees (including fees and surcharges as applicable), and utilities; and paying all expenses related to the DRAFT RFP for Franchised Collection Services 11/28/17 Page S 65B-14 City of Santa Ana, California Section 3. Scope of Requested Collection Services operation, permitting, licensing, regulatory fees for all Approved Facilities owned/operated by Contractor or Contractor's Affiliate; 6. Performing or providing all services necessary to fulfill its obligations in full accordance with this Agreement at all times using best industry practice for safety, regulatory compliance and service delivery; and, 7. Complying with all Applicable Laws. 3.2 Collection Services 3.2.1 Residential Curbside Collection Services Arrangements Residential Curbside Service is for any Dwelling Unit or duplex unit in the Service Area where each Dwelling Unit is designed or used for occupancy by one (1) family and carts are utilized for the accumulation and set out of Solid Waste. The default service level will be weekly, automated Collection of three (3) 96 -gallon carts for each curb -serviced household. Body of cart will be green; lid color will be established for each material (i.e. brown for Refuse, grey for Recyclables and green for Yard Waste). 1. Weekly Solid Waste Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of Solid Waste. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide a 64- and/or a 32 -gallon cart as a substitute depending on the Customers preference and need. No discount will be given for using smaller carts. Customers may add additional carts as may be needed at an additional charge. Customers will be required to place the cart(s) curbside for collection. Solid waste collection service is mandatory for all service locations. Reduced rate services are provided for Senior Citizens and Mobile Home occupants with two or fewer occupants, utilizing a 64 -gallon cart. Reference Attachment 1 for additional information. 2. Weekly Single -Stream Recycling Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of single -stream recycling material. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide 64- and/or 32 - gallon carts as substitutes depending on the Customer's preference and need. No discounts will be given for using smaller or no carts. Customers may add additional single -stream recycling collection carts as may be needed at no additional charge, maintaining current provisions for removal of unused carts and removal of carts at households meeting established criteria for repeat contamination. Customers will be required to place the cart(s) curbside for collection. 3. Weekly Yard Waste Recycling Collection Contractor will provide each Residential Curbside Service Unit with a new, wheeled cart for automated collection of yard waste. The default service level will be a 96 -gallon cart collected weekly. The Contractor shall provide 64- and/or 32 -gallon carts as substitutes depending on the Customer's preference and need. No discount will be given for using smaller or no carts. Customers may add additional yard waste carts as may be needed at no additional charge, maintaining current provisions for removal of unused carts and DRAFT RFP for Franchised Collection Services 11/28/17 Page 6 65B-15 City of Santa Ana, California Section 3. Scope of Requested Collection Services removal of carts at households meeting established criteria for repeat contamination. Customers will be required to place the cart(s) curbside for collection. 4. On -Call Bulky Waste Collection Upon request by a Residential Curbside Service Unit within the City, Contractor will provide no more than four at -demand bulky item collections per year per Residential Curbside Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of five (5) bulky items (or twenty (20) bags of yard waste). Such collection services will 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 will be made directly to the Contractor who will provide satisfactory telephone message receiving, transmitting and response procedures and who will be responsible for maintaining a log of such large item collections. At demand pick-ups will be responded to by Contractor within a reasonable time but no more than five (5) working days after such a request is received. Requests for more than two (2) at -demand collections per year will be charged in accordance with the rate per collection established by the City and will be billed to the Curbside Service Unit requesting the additional collection by the Contractor. • Contractor will provide for the collection and recycling of televisions, computer monitors and computer laptops as part of the Bulky Item collection program. • Contractor will provide assistance of removal of bulky items on private property to senior citizens and disabled individuals at no cost. Any Bulky waste collected by Contractor, whether Residential, MFD, Commercial or City, may not be landfilled or disposed of until the following hierarchy has been followed by the Contractor. o Reuse as is (if energy efficient) o Disassemble for reuse or recycling o Recycle (through participation of charitable organizations) o Disposal Contractor will describe how it will encourage reuse and recycling and comply with the Collection Agreement diversion requirement. 5. Household Hazardous Waste Collection Proposer shall offer an optional curbside Household Hazardous Waste Collection for an additional fee. Proposer will also commit to providing one Household Hazardous Waste Collection event each year allowing residents to deliver their waste at no charge to a collection site for proper disposal by Contractor. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. Acceptable items are included as Attachment 12. 6. Residential Curbside Compost Give -Away Proposer will commit to providing one Compost Give Away program each year, making available to each Residential Curbside Unit a "free Compost' program that provides up DRAFT RFP for Franchised Collection Services 11/28/17 Page 7 65B-16 City of Santa Ana, California Section 3. Scope of Requested Collection Services to fifty (50) gallons of Compost material for Customer pick-up at the designated facility or in a manner agreed upon by the City. Event outreach will meet all contractual outreach and education requirements. 7. Residential Curbside Annual Holiday Tree Recycling Collection Contractor will provide annual collection of holiday trees commencing the first collection day after December 25 and continuing for a three-week period at no additional charge. Residents will be required to place the trees curbside for collection. Trees shall be free of ornaments; garlands; tinsel and flocking; and stands shall be removed. Contractor will be required to collect trees up to six feet in length on the same day as the Customers regularly scheduled collection. 8. Residential Shredding Events Contractor will administer annual shredding events allowing residents to deliver up to three (3) file -size boxes worth of paper items for shredding. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. 9. Residential Sharps Program Contractor will administer a Residential Sharps Program. This program will be offered to Residential customers who, for medical reasons, require the use of medical sharps. 10. Curbside Used Oil As funding is available through State, County or City sources, Contractor will provide curbside collection of used oil and filters. A description of the process for compensation and level of service is provided in the draft Agreement. 3.2.2 MFD Collection Services Arrangements MFD are any residence in the Service Area with three (3) or more Dwelling Units, where each Dwelling Unit is designed or used for occupancy by one (1) family, including any flat, apartment, condominium, town home or other premises, other than a hotel or motel, including such premises when combined in the same building with business establishments, utilizing a common bin(s) for the accumulation and set -out of Solid Waste. When discussing solid waste, recycling or yard waste collection service changes with customers, Contractor shall provide a rate schedule to customers denoting all service levels and all possible frequencies of collection. Note: • AB 341 requires that multi -family housing with 5 or more units recycle recyclable materials such as paper, cardboard, plastics, glass, metals, food and yard waste. Pursuant to AB 1826, MFD generating 4 cubic yards or more per week of non-food organic waste shall arrange for recycling of Yard Waste, landscape and pruning waste, and non -hazardous wood waste. By January 1, 2019, MFD generating 4 cubic yards of solid waste per week or more shall arrange for recycling of Yard Waste, landscape and pruning waste, and non -hazardous wood waste. If in the Summer/Fall of 2021, the state determines that statewide disposal of organic waste measured in 2014 has not been reduced by 50%, the 4 cubic yards/week threshold for solid waste will drop to 2 cubic yards/week. DRAFT RFP for Franchised Collection Services 11/28/17 Page 8 65B-17 City of Santa Ana, California Section 3. Scope of Requested Collection Services 1. Solid Waste Collection Contractor will provide bins and compactors for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once per week and up to six (6) times per week. Roll -off box service will be made available in containers sizes including 10, 20 and 40 cubic yards. Roll -off boxes and compactors, as provided by Contractor or by Customer, will be serviced as needed. Customers and Contractor will determine a mutually acceptable collection location. 2. Recyclable Materials Collection Proposer will propose a Recyclable Materials Collection program designed to achieve the City's goals. Contractor will be required to offer recycling services to all MFD Customers and provide such services upon request. Contractor will provide bins and roll- off boxes for collection of recyclable materials. In order to prevent the contamination of recyclables, the contractor will provide "restricted access" lids for recycling collection containers, as needed. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 3. Yard Waste Recycling Collection Contractor will provide bins for collection of Yard Waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Customers will pay a separate fee for yard waste collection based on their service level in accordance with the established rates. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 4. On -Call Bulky Item Collection Contractor will provide on-call collection of bulky items from MFD customers using a method suitable for the MFD complex and agreed upon by the Customer or property manager. Contractor will provide on-call collection of bulky waste to MFD's scheduling the service with Contractor with 48 hours' notice. Customers may place up to five items out for collection per pick-up. Items will be collected on the Customer's regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers will pay a separate fee in accordance with the established rates. 5. Household Hazardous Waste Collection Proposer will commit to providing Household Hazardous Waste events each year allowing residents to deliver their waste to a collection site for proper disposal by Contractor. Contractor will coordinate with the City regarding location and date of the events. Event outreach will meet all contractual outreach and education requirements. Acceptable items are provided as Attachment 12. 3.2.3 Commercial Collection Services Arrangements Commercial customers include all retail, professional, office, wholesale and industrial facilities, other commercial enterprises offering goods or services to the public; organizations; and agencies other than City agencies. Contractor will be required to service carts, bins, compactors DRAFT RFP for Franchised Collection Services 11/28/17 Page 9 65B-18 City of Santa Ana, California Section 3. Scope of Requested Collection Services and roll -off boxes stored in customer's solid waste enclosure or other locations as requested by customer. When discussing solid waste, recycling or organic material collection service changes with customers, Contractor shall provide a rate schedule denoting all service levels and all possible frequencies of collection. 1. Solid Waste Collection Contractor will provide bins, roll -off boxes and compactors for collection of solid waste. Customers will have the opportunity to subscribe to the appropriate service level. Collection frequency will be at least once per week and up to six (6) times per week. roll -off box service will be made available in containers sizes including 10, 20 and 40 cubic yards. roll -off boxes and compactors, as provided by Contractor or by Customer, will be serviced as needed. Customers and Contractor will determine a mutually acceptable collection location. 2. Recyclable Materials Collection Proposer will propose a Recyclable Materials Collection program designed to achieve the City's goals. Contractor will be required to offer recycling services to all MFD Customers and provide such services upon request. Contractor will provide bins and roll -off boxes for collection of recyclable materials. In order to prevent the contamination of recyclables, the contractor will provide "restricted access" lids for recycling collection containers, as needed. Customers will pay a separate fee in accordance with the established rates, which shall be less than the established rate for the comparable level of solid waste service. 3. Organic Material Recycling Collection Contractor will provide wheeled carts and bins for collection of Organic Material, including Yard Waste and/or Food Waste. Customers will have the opportunity to subscribe to the appropriate service level. Carts and/or bins will be made available. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Customers will pay a separate fee for collection based on their service level in accordance with rate established by the City. Source -separated Yard Waste recycling collection shall be offered at a rate which shall be less than the established rate for the comparable level of solid waste service. 4. On -Call Bulky Item Collection Contractor will provide on-call collection of bulky items from Commercial customers using a method suitable for the MFD complex and agreed upon by the Customer or property manager. Contractor will provide on-call collection of bulky waste to Commercial scheduling the service with Contractor with 48 hours' notice. Customers may place up to five items out for collection per pick-up. Items will be collected on the Customer's regular collection day. Contractor will be required to separate and recycle all commodities that can be feasibly recovered. Customers will pay a separate fee in accordance with the established rate. 5. On -Call Electronic Waste (E -Waste) Recycling Collection Contractor will provide on-call a -waste collection. Contractor is required to describe its methodology to provide on-call collection of a -waste (e.g., material types, customer set -out requirements, control mechanisms for spills and contamination, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs. DRAFT RFP for Franchised Collection Services 65B-19 11/28/17 Page 10 City of Santa Ana, California Section 3. Scope of Requested Collection Services 6. On -Call Universal Waste Recycling Collection Contractor will provide on-call universal waste recycling collection service. Universal waste collection includes fluorescent lamps, cathode ray tubes, instruments that contain mercury, and batteries. Contractor is required to describe its methodology to provide on-call collection and recycling of universal waste (e.g., material types, customer set -out requirements, chain of custody documentation, and any limitations on allowable amounts) along with a fee per pick-up that would cover all program costs. 3.2.3 Roll -Off Collection Services Roll -Off collection services include the delivery, removal and recycling or disposal of used or discarded materials removed from premises excluding C&D materials and Exempt Waste. 1. Roll -Off Collection Service Requirements Contractor will provide Roll -Off collection from Service Units in the Service Area and the delivery of that material to the Materials Recovery Facility, Transfer Station or Disposal Facility, as appropriate. Roll -Off collection service will be made available in container sizes including 10, 20 and 40 cubic yards. Special pricing will be offered for Tires. Contractor will describe how it will encourage reuse and recycling and comply with the Collection Agreement. 3.2.4 City Services All services at City facilities, operations and events, unless otherwise noted, will be provided at "no charge." City collection services includes C&D materials. Collections will be scheduled at a time mutually agreed upon by the Contractor and the City. Collection at City facilities, operations and events include those listed below. 1. Weekly Solid Waste Collection Contractor will provide wheeled carts, bins, compactors and/or roll -off boxes for collection of solid waste and C&D material. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. 2. Recyclable Materials Collection Contractor will provide recycling collection service at City facilities, operations and events at "no charge." Contractor will provide carts, bins, compactors and roll -off boxes for collection of recyclable materials. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. 3. Organic Materials Collection Contractor will provide Organic Materials Collection service at City Facilities at "no charge." charge. Contractor will provide carts, bins, compactors and roll -off boxes for collection of Organic Materials. The City will have the opportunity to subscribe to the appropriate service level. Carts will be made available including 64 and 96 gallons. Bins will be made available in DRAFT RFP for Franchised Collection Services 11/28/17 Page 11 65B-20 City of Santa Ana, California Section 3. Scope of Requested Collection Services sizes including 1, 2, 3, and 4 cubic yards. Collection frequency will be at least once (1) per week and up to seven (7) times per week. Roll -off box service will be made available in container sizes including 10, 20 and 40 cubic yards. 4. Parkway Clean -Up Following Garage Sales Contractor will provide two (2) employees in a "front -loader" vehicle that will devote 60 hours each six working days following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in the parkways after garage sales. 5. On -Call Parkway Clean -Up of Abandoned Items Contractor will provide on-call Parkway Clean -Up of abandoned items at the request of the City. Contractor is required to describe its methodology to provide on-call collection of Parkway abandoned items within 24 hours of a request from the City. 6. Alley Clean -Up Contractor will provide 2 employees in a "front -loader" vehicle who will devote 50 hours each, six working days of each week, to canvass the City neighborhoods in order to remove debris left in alleyways following relocations. 7. Neighborhood Clean -Up Contractor will supply roll -off boxes for City sponsored neighborhood cleanups at no cost to the City. The number of roll off containers will not exceed a maximum total number of three hundred (300) containers annually. The City will have the option to add 20 additional roll -off boxes during each five (5) year period of the contract. For example, starting year six (6), the City may require 320 containers annually. 8. City Sponsored Events Contractor will provide wheeled carts, special event boxes with liners and recycling lids, bins, and/or roll -off boxes to collect solid waste and recyclable materials at "no charge" for City -sponsored events. Contractor will assist the venue and event organizers with developing recycling plans and reporting data. When requested by event organizers, solid waste and recycling collection service will be provided for each venue or event. Carts to be made available include 64 and 96 -gallon carts. Bins will be made available in sizes including 1,2,3 and 4 cubic yards. Roll -Off service will be made available in container sizes including 10, 20 and 40 cubic yards. Collection frequency will be provided as required by the event organizer. 9. Grant Management Contractor will provide development and management of grants pursuant to the CalRecycle regulations and/or adopted by CalRecycle including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement. Contractor shall be compensated $75.00 per hour for grant administrator's time to develop and administer the grant programs. 10. Hazardous Waste/E-waste/Universal Waste The Contractor shall provide, either directly, or through a City -approved subcontractor, Hazardous Waste, E -waste and Universal Waste Collection Service for City Facilities. 11. Battery Recycling Program at City Facilities DRAFT RFP for Franchised Collection Services 65B-21 11/28/17 Page 12 City of Santa Ana, California Section 3. Scope of Requested Collection Services The Contractor shall provide battery recycling buckets for the drop-off of batteries at each City Facility designated by the Contract Administrator for the safe collection and recycling of batteries. The Battery Recycling Program shall include the placement, removal and replacement of the battery buckets. 3.2.5 Other Collection Service Considerations 1. Street Sweeping (Optional) Proposers may offer to provide Street Sweeping services at an additional charge. Street Sweeping requirements and cost proposal forms are provided as Attachment 9. 2. Pressure Washing (Optional) Proposers may offer to provide Pressure Washing services at an additional charge. Pressure washing requirements and cost proposal forms are provided as Attachment 10. 3. Additional Collection Service Requirements: • Provide public education to residents and businesses. A detailed description of Contractor's public education responsibilities is provided in the Collection Agreement. • Compliance, monitoring and reporting relative to AB 939, AB 341 and AB 1826 and all applicable laws. • Provide customer service and billing service as necessary to fulfill its obligations. • Furnish all labor, supervision, collection vehicles, collection containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations. • Be solely responsible to pay all expenses related to the provision of services including, but not limited to, taxes, regulatory fees, host fees, business license fees, utilities, etc. • Be solely responsible for the impact of any changes in law to the operation of the Contractor's facility(ies), including financial and operational impacts. • Provide all services in a thorough, safe and professional manner. • Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness. • Comply with applicable laws, regulations and ordinances. 3.2.6 Processing Plan Proposer shall include a Processing Plan that demonstrates the Proposer's ability to arrange for the processing of Recyclables and Organics originating in the City for the term of the Collection Agreement and any extensions thereof. The plan should identify any arrangements that will benefit the City in maintaining long-term rate stability. Prior to selection, the Contractor will be required to produce proof of all arrangements described in its offer. Contractor should indicate the per -ton costs and tonnage disposal guarantees they will offer the City. The plan should specify facilities and fees for the processing of all materials collected in the City including roll- off. DRAFT RFP for Franchised Collection Services 11/28/17 Page 13 65B-22 City of Santa Ana, California 3.2.7 Diversion Plan Section 3. Scope of Requested Collection Services Proposer shall include a Diversion Plan that details the Proposer's approach to diversion and describes all associated programs and services. Proposer shall include its approach to minimizing scavenging, systematically reducing contamination and ensuring compliance with all CalRecycle requirements. The Proposer shall provide plans for Residential Curbside, Multi -Family and Commercial and roll -off Solid Waste, Recyclables and Yard Waste/Organics. The plan shall include measurable goals for diversion and for reducing contamination for each year of the contract. 3.3 Customer Rate Arrangements This section provides a description of rate arrangements and fees that will apply to all three service sectors. The rate schedules establish the maximum rates that may be charged. 3.3.1 Residential Curbside Rate Arrangements The Residential Curbside Service rate structure will feature an integrated fee for collection that covers solid waste, recycling, and yard waste collection services, regardless of cart size(s) selected by customer, with the exception of the Senior Citizen and Mobile Home program. 3.3.2 MFD and Commercial Rate Arrangements A volume -based rate structure will be used for MFD and commercial. Customers will be encouraged to participate in Recyclable and Yard Waste collection. Customers will be required to pay a fee for collection services based on subscription levels. 3.3.3 City Services The City's facilities, operations and event services shall be provided all collection services at "no cost." 3.4 Public Education and Outreach All public education activities will be conducted by the Contractor. Contractor shall be responsible for ensuring that its customers consistently receive a high level of customer service and responsiveness. Contractor shall prepare an annual public education plan and meet with the City or the City's representative to review the plan. The City shall have the right to review, revise and approve all promotion materials and implementation of the promotion strategy. The City shall also have the right to approve material development contractors. A detailed listing of Public Education and Outreach requirements can be found in Article 5.11 of the Franchise Agreement. 3.4.1 Contractor Responsibilities Contractor will be required to provide the following services: 1. Annual Public Education Plan Contractor will prepare an annual public education plan and meet with the City to review the plan. Contractor is responsible for additional public education activities as specified below, including personnel, printing and other program costs. Proposer shall refer to Draft Agreement for a description of all requirements. DRAFT RFP for Franchised Collection Services 65B-23 11/28/17 Page 14 City of Santa Ana, California Section 3. Scope of Requested Collection Services 2. Public Education Plan Implementation A detailed description and schedule for all of the initial program roll-out activities and for annual ongoing public education and outreach materials and activities. The plan will be provided to the City for review and approval within 30 days of award of Agreement. Contractor will provide the City with each draft item a minimum of 14 days prior to any production for review and approval. All outreach and education materials will include the elements necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements. Services include: • Public education strategy and development of materials to support roll-out of new collection services. • Develop, produce and distribute an information packet to each new Customer throughout the Contract term. Contractor may attach these packets to the carts and bins upon initial cart and bin distribution. This packet shall: describe available services, including available recycling and diversion programs; provide instructions for proper use of the carts and bins provided (such as how to place carts or other permitted items for Collection, the types of materials to be placed in each cart); AB 939, AB 341 and AB 1826 requirements; detailed holiday Collection schedules; and, provide billing and customer service telephone numbers. This packet shall contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or billing questions, and for Bulky Item Collection. The packet shall also clearly indicate what materials, such as syringes and other Household Hazardous Wastes (HHW), should not be disposed of in these Containers. This brochure shall include instructions on how Customers should dispose of HHW, such as information on the HHW program. • Develop, produce and distribute public education and promotional materials to Residential MFD and Commercial accounts at inception of the new program and annually during the term of the Collection Agreement, including all outreach and education materials necessary to meet or exceed AB 939, AB 341 and AB 1826 requirements. • Deliver set -out correction notices during the term of the Collection Agreement. • Staff a booth at local public events as agreed upon with the City and distribute promotional and educational materials. • Insert with its bills inserts produced by the City 3.4.2 Staffing 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 designated agent/liaison is required to meet with City staff at the City's preferred frequency to review public outreach activities and diversion results. The Executive Director may inspect the Contractor's operations, facilities and equipment at any reasonable time and the Contractor DRAFT RFP for Franchised Collection Services 11/28/17 Page 15 65B-24 City of Santa Ana, California Section 3. Scope of Requested Collection Services shall admit him to make such inspections at any reasonable time and place. Proposer must include the following in its proposal: 1. Job Description A job description for this position including reporting structure, and the amount of time the position will be dedicated to the City, including a rationale for the time allocation. 2. Resume of Designated Staff The resume of the designated staff member (This must include the individual's resume, years of experience, and three (3) professional references.) This party will be responsible for the planning, coordination, development, preparation, implementation and review of all public education and promotion materials and efforts. If an outside consultant is to be used, Proposer must identify the consultant and include a brief description of the consultant's qualifications and years of experience. The City has the right to approve the consultant and has the expectation that the designated staff member will be actively engaged with the community and appropriately participates in community events to promote and implement waste reduction, recycling and organics collection programs. The Contractor shall also provide SRRE Consulting services as described in Article 5.11 1 "Other Services". 3.5 Diversion Requirements The selected contractor will provide a level of diversion that ensures the City will be in full compliance with its State Diversion obligations, as defined as of the Effective Date by AB 939, AB 341, AB 1826 and related state laws and regulations. Article 6.7 of the Franchise Agreement details specific Diversion requirements. 3.6 Requirements for Operations, Equipment and Personnel Article 7 of the Franchise Agreement details specific requirements related to operations, equipment and personnel. Contractor shall always comply with Applicable Laws and provide services in a manner that is safe to the public and the Contractor's employees. A summary of some of the requirements follows below. 3.6.1 Operations Unless otherwise authorized by the City, Contractor's days and hours for Collection operations shall be asfollows: 1. Residential Premises Collection from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. 2. MFD, Commercial and City Premises MFD, Commercial and CITY Collection from locations greater than 100 feet from residential units may start at 3:00 a.m. and must terminate by 9:00 p.m. However, if complaints are received from such residential units, the Contract Administrator may direct that collections DRAFT RFP for Franchised Collection Services 65B-25 11/28/17 Page 16 City of Santa Ana, California Section 3. Scope of Requested Collection Services in such areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. The hours of Collection may be temporarily extended due to extraordinary circumstances or conditions. 3.6.2 Equipment 1. Vehicles Contractor shall provide a fleet of new Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Franchise Agreement in strict accordance with its terms. Contractor will provide detailed information regarding the number of each type of collection vehicle to be used, along with the name of the manufacturer and vehicle specifications. Contractor shall have available sufficient back-up vehicles for each type of Collection vehicle used to respond to scheduled and unscheduled maintenance, service requests, complaints, and emergencies. Such back-up vehicles may be used vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage, or overflow. Hoppers shall be enclosed on top and on all sides to prevent material from leaking, blowing or falling from the vehicles. Each Collection vehicle shall be equipped with a shovel and broom for clean-up of spillage. Collection vehicles shall never be loaded to exceed the manufacturer's recommended weight limit or otherwise operated unsafely or in violation of any Applicable Law. • Vehicle Impacts. The vehicles shall comply with the Solid Waste Collection Vehicle rule adopted by the California Air Resources Board (CARB) on September 25, 2003, and any other California Air Resources Board requirements. • Alternative Fuel Vehicles. Contractor shall meet all State, County, City, CARB and South Coast Air Quality Management District (SCAQMD) and any other applicable regulations and requirements. 2. Containers Contractor will provide new curbside collection carts for fully automated collection service as specified in the Draft Agreement. Contractor will provide proposed cart specifications including manufacturer and model, anticipated service life and warranty associated with the proposed cart. Contractor -provided bins shall be designed and constructed to be watertight and prevent the leakage of liquids. All bins shall display the Contractor's name, local telephone number, and some identifying inventory or serial number. If a new contractor other than the current service provider is selected for the new Agreement such Contractor may attempt to negotiate the purchase of the existing Commercial bins and roll -off Boxes from the current service provider. 3.6.3 Personnel Contractor shall furnish such qualified drivers, mechanical, supervisory, customer service, clerical, and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. Contractor shall designate at least one (1) qualified employee as the City's primary point of contact with Contractor who is principally responsible for Collection operations and resolution of service requests and complaints. Contractor shall use its best efforts to assure that all employees who interact with Customers present a neat appearance and conduct themselves in a courteous manner. Contractor shall not DRAFT RFP for Franchised Collection Services 11/28/17 Page 17 65B-26 City of Santa Ana, California Section 3. Scope of Requested Collection Services permit its employees to accept, demand, or solicit, directly or indirectly, any additional compensation, or gratuity from members of the public. The City places a high priority on the retention of employees currently providing services within the City. Proposer shall declare its intent to offer or not a plan to offer employment to eligible employees of the current contractor according to the terms described in AB 1669 Section 1072 (Provided as Attachment 11 of this RFP). Information regarding the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees will be provided to bone fide Proposers at least 30 days before proposals are due. Proposers offering employment will be awarded a 10% preference in the evaluation process. 3.6.4 Local Purchasing Preference Contractor shall, throughout the Term of the Franchise Agreement, give preference to purchasing materials and supplies used in connection with the Agreement from local vendors within the City or State; and in that order of preference. 3.7 Billing, Customer Service, Record Keeping and Reporting Contractor will provide billing services to all Multi -Family, Commercial and Roll -Off service customers. The City shall continue to conduct Residential billing. Article 8 of the Franchise Agreement details specific requirements related to billing, customer service, record keeping, and reporting. A summary of some of the requirements follows below. 3.7.1 Billing Services Contractor will make available to all Customers an automated billing and payment system at no additional charge. This system should be website based and allow customers to view and pay bills through Contractor's website. Through the Contractor's website, Customers may request to cease paper billing and receive all bills through e-mail and/or Contractor's website. Contractor will ensure that the electronic billing and payment website conforms to industry -standard practices for electronic commerce security. Contractor shall ensure that these customers are compiled in a list to ensure that billing inserts are mailed directly. Contractor will promote the website -based billing and payment system on all paper bills sent to Customers. Contractor's website shall provide Customers with the ability to pay their bills through an electronic check or credit card and include the ability for Customer billings to be automatically charged on a recurring basis. Contractor shall promote the website- based billing and payment system on all paper bills sent to Customers. Contractor shall prepare, mail, and collect bills from Customers who decline to use such internet-based billing system. Contractor shall make arrangements to allow Customers to pay bills by cash, check, electronic check, money order, and credit/debit card. 1. Temporary and Permanent Roll -Off Box and Temporary Bin Customers For individually serviced Customers who request Temporary roll -off box and/or Temporary bin service, the Contractor will accept major credit cards for payment. All credit card transactions will be documented on the customer account with all associated service data. For Permanent roll -off box customers, the Contractor will invoice monthly or semi-monthly in arrears with payment due within 15 days from the invoice date. 2. Delinquent Accounts DRAFT RFP for Franchised Collection Services 11/28/17 Page 18 65B-27 City of Santa Ana, California Section 3. Scope of Requested Collection Services Once a payment is 30 days past due, Contractor shall send to the Customer a notice that service will be suspended if payment is not made within an additional 30 days. Service may only be suspended after these minimum time periods and notice. City will not be responsible for or assist with the collection of delinquent accounts, except where lien authority has been established for this purpose. 3.7.2 Customer Service Contractor shall always be in compliance with Article 8.6 of the Franchise Agreement and with the provisions of the Customer Service Plan included in Contractor's Proposal. Contractor shall revise, modify and otherwise update such Plan throughout the Term as it deems necessary, or as reasonably requested by the City. 1. Local Office Location and Hours The Contractor shall maintain a publicly accessible office located within the City Service Area that provides telephone access to residents and businesses of the City and shall be open during normal business hours, which are currently 8:30 a.m. to 4:30 p.m., Monday through Friday, except for Holidays. Office hours may be adjusted at the discretion of Contractor only after appropriate notification is provided to all Customers and provided that offices are open for business at least eight (8) hours per day Monday through Friday, except for Holidays. 2. Customer Service Call Center The Contractor shall maintain a customer service call center that provides telephone access to residents and businesses of the City and is staffed by trained and experienced Customer Service Representatives (CSRs). Such office shall be equipped with sufficient telephones so that all Collection Service related calls received during normal business hours are answered by an employee within five (5) rings; shall have responsible persons in charge during Collection hours; and shall be open during normal business hours, which are currently 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to noon on Saturdays, except for Holidays. Office hours may be adjusted at the discretion of Contractor only after appropriate notification is provided to all Customers and provided that offices are open for business at least eight (8) hours per day Monday through Friday, except for Holidays. The Contractor shall provide either a telephone answering service or a mechanical device to receive Service Recipient inquiries during those times when the office is closed. Calls received after normal business hours shall be addressed the next morning the office is open. 3. Local Telephone Number and Equipment Contractor's principal office shall be accessible by a local (toll-free to Customers) telephone number at least during the office hours specified in Article 8.6 of the Franchise Agreement. The telephone number shall be listed under Contractor's name in the local telephone directory and as appropriate on Collection vehicles and Containers. The Contractor shall have sufficient equipment in place and staff to handle the volume of calls experienced on the busiest days and such telephone equipment shall record the responsiveness (e.g., call hold -time, abandoned calls, etc.) to calls. Recording of Contractor's responsiveness to calls shall include, at a minimum, all items included in the "Service Quality and Reliability' and "Customer Service" performance standards listed in the Franchise Agreement. An answering machine or voicemail service shall DRAFT RFP for Franchised Collection Services 11/28/17 Page 19 65B-28 City of Santa Ana, California Section 3. Scope of Requested Collection Services record Customer calls and voice messages during hours the office is closed or outside times calls are not being answered. 4. EmergenCVTelephone Number Contractor shall maintain an emergency telephone number for use outside Contractor's office hours. The emergency telephone number shall be listed as an emergency number under Contractor's name and under the City in the local telephone directory. Contractor shall have a representative, or an answering service to contact such representative, available at Contractor's emergency telephone number during all hours other than Contractor's office hours. 5. Multilingual/TDD Service Contractor shall always maintain the capability of responding to telephone calls in English, Spanish, and such other languages as the City may direct, employing a service such as ATT Language Line. Contractor shall always maintain the capability of responding to telephone calls through Telecommunications Device for the Deaf (TDD) Services. These capabilities shall be maintained for both the local telephone number and the emergency telephone number. 6. Website Contractor will develop and maintain a website dedicated to services provided in the City that is accessible by the public. The website will include answers to frequently asked questions; rates for Collection Services; Recyclable Materials, Yard Waste and Organic Waste specifications; proper Bulky Waste and Household Hazardous Waste disposal procedures; and other related topics. The Contractor's website will provide the public the ability to e-mail complaints to Contractor and request services or service changes. Contractor shall describe how the website will allow customers to submit inquiries or complaints, request new service or change in service, and request on-call Bulky Item services. In addition, Contractor shall explain if it plans to manage the website with in- house staff or if a subcontractor will be used. Contractor shall disclose the subcontractor that will be used. 7. Service Requests, Compliments, Complaints Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Customer service requests and complaints. Contractor shall record in a separate computerized log, approved as to form by the City, all complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. The Contractor shall retain this complaint log for the Term plus three (3) years after its expiration or earlier termination. Upon request by the City, Contractor shall compile and submit a summary statistical table of the complaint log. Contractor shall respond to all complaints received within twenty-four (24) hours, weekends and Holidays excluded. In particular, if a complaint involves a failure to Collect Solid Waste, Recyclable Materials or Organic Materials from a Premises in the City, Contractor shall Collect the material in question within twenty-four (24) hours of receipt of the Complaint, provided that Generator has properly placed materials for DRAFT RFP for Franchised Collection Services 11/28/17 Page 20 65B-29 City of Santa Ana, California Section 3. Scope of Requested Collection Services Collection. 3.7.3 Record Keeping and Reporting Contractor shall submit reports to the City or the City's Representative on Solid Waste Collection and Disposal, Recyclable Materials Collection, Processing and marketing, and Organic Materials Collection, Processing and marketing to ensure the City meets the reporting requirements of AB 939, AB 341, AB 1826 and other Applicable Law. Contractor shall maintain accounting, statistical, operational, and other records related to its performance as shall be necessary to provide reporting under the Act and demonstrate compliance with this Agreement. Unless otherwise required in Article 8.8 of the Franchise Agreement, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus three (3) years after its expiration or earlier termination. Records and data shall be in chronological and organized form and readily and easily interpreted. Upon request, any such records shall be retrieved in a timely manner by Contractor and made available to the City or the City's Representative. Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as a fire, theft, flood and an earthquake. Electronically -maintained data and records shall be protected and backed -up. Contractor shall submit monthly and annual reports as described in Article 8.9 of the Franchise Agreement. 3.8 Contractor Implementation Plan Proposer shall provide a detailed implementation plan describing the Contractor's approach to facilitating a smooth transition for all the collection services. The plan must clearly describe the company's ability to implement the services in accordance with the schedule presented in Table 1-2 of this RFP. This description should include, but not be limited to: 1. A timeline showing the duration and completion date of major milestone events such as vehicle purchase and testing; container purchase, assembly and distribution; personnel hiring and training; customer service and billing database development and implementation; administration; public education; corporation yard acquisition and development (if necessary), etc. 2. Assumptions regarding the participation of City staff, City representatives, the current collection contractor, and the current and future facility operator. 3. Identification of common problems that can occur in service initiation and strategies for preventing or managing such problems. 4. Discussion of how customers will select container size(s) and service frequency. 5. Contingency plans for all aspects of implementation. 3.9 Alternative Proposals Proposer may provide one or more alternative proposals in addition to the requested proposal. The City is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the City if the City concludes that the alternative proposals warrant evaluation and analysis. Proposers that provide an alternative proposal(s) shall also respond to the entire RFP as written. DRAFT RFP for Franchised Collection Services 11/28/17 Page 21 65B-30 City of Santa Ana, California Section 3. Scope of Requested Collection Services DRAFT RFP for Franchised Collection Services 11/28/17 Page 22 65B-31 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process SECTION 4 - RFP POLICIES, CONDITIONS, AND PROCESS 4.1 Rights Reserved by the City The City reserves the right, in its sole discretion, to pursue any or all of the following actions regarding this RFP process: • Issue addenda and amend the RFP and Franchise Agreement; • Request additional information and/or clarification from Proposer; • Extend the deadline for submitting proposals; • Withdraw this RFP; • Reject proposals that do not fully comply with the requirements detailed in this RFP, its attachments, addenda, or clarifications; • Reject incomplete proposals; proposals containing errors, inconsistencies, false, inaccurate or misleading information; proposals submitted after the deadline; or, proposals with other process or content errors or deficiencies; • Amend the Municipal Codes of City; • Award a proposal based on a combination of its qualitative and quantitative attributes; • Take other actions the City deems are in the best interest of the City, and residents and businesses in the City service area; and, • Negotiate changes in the services proposed and/or described in the RFP or to incorporate programs proposed by others. 4.2 General RFP Requirements This RFP shall not be construed by any party as an agreement of any kind between the City, contractor(s), and other parties. This RFP does not obligate the City to accept any proposal, negotiate with any Proposer, award a Franchise Agreement, or proceed with the development of any project or service described in response to this RFP. The City has no obligation to and shall not compensate any Proposer for its expense of preparing its proposal and participating in this procurement process. Please note that the City's procurement of Solid Waste and Recycling Franchise Services is not subject to State bidding laws, and the City does not intend to cause the current RFP process to become subject to such public bidding laws or regulations. The City shall have the right (but not the obligation) to perform a review of each Proposer's ability to perform the work required. Each Proposer must agree to cooperate with such a review. Such cooperation by Proposer shall apply to the verification of the Proposer's capability and experience in the provision of services and any other component of work that may be required under this procurement. The City, and its consultants, will be conducting reference checks on Proposers that will involve contacting jurisdictions currently or previously served by Proposer, as well as contacting regulatory agencies involved in oversight of Proposers' facilities. In addition, the City, or its consultants, may DRAFT RFP for Franchised Collection Services 11/28/17 Page 23 65B-32 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process research Proposers' past performance by reviewing litigation history, regulatory actions, highway driving records, criminal investigations and recycling history. The Proposer's submission of a proposal shall constitute an agreement to cooperate with the City's review. Unless a submitting Proposer takes specific exception in accordance with the procedure set forth in Section 5.6, submission of a proposal shall constitute acknowledgement and acceptance of all the terms and conditions contained in this RFP and the Draft Agreement including all addenda or amendments issued by the City as per the process provided in this RFP. Submittal of a proposal signifies the submitting Proposers' commitment to provide the proposed services if selected. In addition, all aspects, conditions and components of proposals submitted shall be valid until June 30, 2020.. Proposals may not be altered after submittal, except in response to the City's request for clarification. 4.3 Code of Conduct 4.3.1 Proposer Code of Conduct Proposer is required to sign the Proposer Code of Conduct (Attachment 2). The code of conduct for Proposers: (i) prohibits ex parte communications with City elected officials; (ii) prohibits giving any gift or monetary compensation to City staff member or consultants; and, (iii) prohibits collusive activities with other potential Proposers. If a Proposer does not sign the code of conduct or violates the code of conduct, the City has the right to disqualify the Proposer from this RFP process. The code of conduct shall be signed and submitted to the City in accordance with instructions provided in Section 5.8.1. Please note: submittal of a signed and notarized Proposer Code of Conduct is required to be submitted according to the timeline shown on Table 1-2. 4.4 Proposal Submittal Process Proposer shall follow the proposal submittal process as outlined below. 4.4.1 Step One — R.S.V.P to Attend Pre -Proposal Meeting and Submit Proposer Code of Conduct Proposer must submit notification to the City of its intention to attend the mandatory pre - proposal meeting. The date and time of the meeting are provided in Section 1.4, RFP Schedule. Proposer must email notification to: SantaAnaRFP@sloanvazquez.com This notice of intent to attend the are -proposal meeting must be submitted by the date and time provided in Section 1.4, RFP Schedule. 4.4.2 Step Two—Mandatory Pre -Proposal Meeting The mandatory pre -proposal meeting will be held at LOCATION TBD, Santa Ana, CA. Attendance at this meeting is mandatory for all contractors intending to submit a proposal. The City will NOT accept proposals from companies that do not attend the pre -proposal meeting. DRAFT RFP for Franchised Collection Services 65B-33 11/28/17 Page 24 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process 4.4.3 Step Three — Submittal of Written Questions The City directs Proposers to submit all questions and requests for information in writing directly to City at the email address listed in Section 4.4.1. The deadline for submitting written questions and requests for information is provided in Section 1.4, RFP Schedule. Written responses to questions will be provided to all eligible Proposers. In the event of any inconsistencies between oral responses provided at the pre -proposal meeting and written responses subsequently issued, the written responses must be used for preparing proposals. 4.4.4 Step Four— Proposal Submittal Proposer shall submit eight (8) double -sided copies in three-ring binders of the complete proposal and one (1) single sided, signed original according to the deadline provided in Section 1.4, RFP Schedule. In addition, the Proposers are required to submit a flash drive containing: • An electronic copy of all completed cost proposal forms (i.e., those provided in Attachment 8 of the RFP) formatted for Microsoft Excel; • An electronic copy of the Model Franchise Agreement, noting all requested changes in redline/strikeout, in Microsoft Word format; and, • A complete PDF of the proposal (excluding financial statements, if confidential). These items shall be placed and submitted in a sealed package. Proposals must be printed on 8'/: inch by 11 -inch paper with post -consumer recycled -content paper. All pages shall be consecutively numbered; although, each section may start with a new page number if proceeded with the section number (e.g., Page 2-1 for the first page of Section 2). The package shall be clearly labeled: PROPOSAL FOR CITY OF SANTA ANA FRANCHISED COLLECTION SERVICES FROM: Name of Proposer: Address: Contact Person: Telephone Number: E-mail: The proposal may be mailed or hand delivered to: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-21 4th Floor, Ross Annex Santa Ana, CA 92701 Attn: Christy Kindig DRAFT RFP for Franchised Collection Services 11/28/17 Page 25 65B-34 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process Proposals received late will not be considered. Postmarks will not be accepted as proof of receipt. 1. Surety Each proposal must be accompanied by surety made payable to "City of Santa Ana" in the amount of $100,000 and in the form of a certified check, cashier's check, or bid bond. The surety shall be submitted with the proposal in a separate, clearly labeled envelope. The purpose of the surety is to guarantee that the successful contractor will execute a Franchise Agreement with the City. If the selected contractor does not execute the Franchise Agreement within 30 calendar days after receiving notice of the award of Franchise Agreement, the City shall keep the surety to offset the potential cost associated with identification of an alternate service provider and schedule delays and the City has the right to pursue additional and reasonable costs incurred in this event. Checks and bonds will be returned to all Proposers no later than ten calendar days after the City has executed the Franchise Agreement with the successful contractor. If no selection is made within one year of the submission of proposals, each Proposer may demand their proposal surety be returned; however, the City reserves the right to eliminate proposals from such companies from further consideration. 2. Administrative Fee Within seven days of execution of the new Agreement, the new Contractor shall remit a one- time payment to the City of Santa Ana. The amount shall include reimbursement to the City for the cost of the procurement consultant, plus the City's out-of-pocket costs incurred in awarding this franchise (e.g. City Attorney costs). 4.4.5 Step Five—Clarification of Proposal Information and Interviews Proposer may be asked to clarify information through written communications, interviews or during site visits of each Proposer's offices, customer service center, corporation yard and maintenance facilities, and disposal, transfer, and processing facilities. 4.4.6 Step Six— Proposer Interviews The City may conduct in-person interviews of one or more Proposers. 4.4.6 Step Six — Selection of Recommended Contractor and Negotiation of Final Franchise Agreement The City and/or its consultants will recommend a preferred contractor for consideration by the City Council. Once the City Council approves selection of a final contractor then final negotiation will take place for the Franchise Agreement. Except at the sole discretion of the City, all negotiations with the Proposer will be limited to the Proposer's recommended alternative Franchise Agreement language contained in their proposal. 4.4.7 Schedule The schedule of events presented in this Section 4.4 is summarized in Table 1-2 in Section 1. DRAFT RFP for Franchised Collection Services 11/28/17 Page 26 65B-35 City of Santa Ana, California Section 4. RFP Policies, Conditions, and Process 4.5 Limits on Disclosure of Proposals The City has determined that the public interest will be best served if proposals submitted in response to this RFP are not made available for review by other companies participating in the competitive selection process. For that reason, proposal details (and materials submitted during subsequent meetings and discussions with City staff) will not be made available generally any earlier than the date on which City staff issues to City Council a company recommended for final consideration/negotiation. At that point, the City may release the portion(s) of the proposal(s) that have not been identified as entitled to confidential treatment as containing trade secrets. Alternatively, public release may be deferred until the City Council has limited their consideration to one preferred company. Proposals shall not be available for release to other Proposers until after the award of a new contract. The following procedures will be followed for the disclosure of proposals: • Materials which a Proposer considers as trade secret information entitled to protection from disclosure under Government Code Section 6254(k) must be clearly marked on each page as "CONFIDENTIAL". • If the City receives a request to review and/or copy materials submitted by any Proposer, it will decline to release those materials marked "CONFIDENTIAL" pursuant to Government Code Section 6255. • If the person submitting the request files a legal action against the City seeking its release, the City will notify the affected Proposer(s) and will not oppose a motion by such Proposer(s) to intervene in the action. The Proposer(s) must either intervene or agree to pay the City s legal expenses in defending the action, including fees, if any, awarded to the plaintiff. Absent such an agreement, the City will have no obligation to defend the action and may release the information sought without any liability whatsoever. • No Proposer may, directly or through an intermediary, employ the Public Records Act to obtain access to non -confidential materials submitted to the City by other Proposers prior to the execution of the Agreement for this contract. • No Proposer will seek damages against the City or recovery of its attorneys' fees from the City because of any dispute related to the release or withholding of information submitted in response to this RFP. • Materials that have been marked as "CONFIDENTIAL" will be returned to all unsuccessful Proposers once the Agreement has been signed by City and the selected Proposer(s). DRAFT RFP for Franchised Collection Services 11/28/17 Page 27 65B-36 City of Santa Ana, California Section S. Submittal Requirements SECTION 5 - SUBMITTAL REQUIREMENTS Section 5 includes the required proposal outline and a description of the specific information Proposers must include. Proposer must provide the information specified in this section as part of its proposal. Failure to provide all the required information may be grounds for rejection of a proposal. Proposer does not need to reiterate the service requirements of the Franchise Agreement in their proposal. However, Proposer is requested to focus on describing how it plans to provide the services with regard to routing strategies, collection methods, and equipment selection. Furthermore, if a Proposer has presented information for one type of service that is the same for another type of service, Proposer can refer to its previous description rather than reiterating the discussion in its proposal. For example, if Residential solid waste and recyclables collection vehicles are the same, the vehicle description can be provided once for the solid waste service and then referenced for the recyclable materials collection service. 5.1 Proposal Outline Proposer shall present its proposal in accordance with the outline provided in Table 5.1. The RFP section that contains specific information that must be provided by Proposers for each section of its proposal is included in Table 5-1 on the following page. Additional information or data relevant to the proposal is optional and must be included by Proposer as proposal attachments. DRAFT RFP for Franchised Collection Services 65B 11/28/17 Page 28 City of Santa Ana, California Section S. Submittal Requirements Table 5-1 Proposal Outline Reference RFP Section i. Title Page N.A. ii. Cover Letter 5.2 iii. Table of Contents N.A. ES Executive Summary 5.3 1. Company Description 5.4 A. Business Structure 5.4.1 B. Collection Experience 5.4.2 C. Service Initiation Experience 5.4.3 D. Existing Management & Customer Service 5.4.4 Systems E. Key Personnel 5.4.5 F. Past Performance Record 5.4.6 G. Financial Information 5.4.7 2. Proposal for Requested Collection Services 3.0 and 5.5 A. Residential Services 3.2.1 and 5.5 B. MFD Services 3.2.2 and 5.5 C. Commercial Services 3.2.3 and 5.5 D. City Services 3.2.5 and 5.5 E. Processing, Diversion and Disposal Plan 3.2.6, 7, 8 and 9 F. Public Education and Outreach 3.4 G. Diversion Requirements 3.5 H. Requirements for Operations, Equipment and 3.6 Personnel I. Billing, Customer Service, Record Keeping and 3.7 Reporting J. Contractor Implementation Plan 3.8 K. Alternative Proposals 3.9 3. Exceptions to the RFP and Franchise Agreement 5.6 4. Cost Proposal 5.7 A. Base Cost Proposal 5.7.1 B. Alternative Cost Proposals 5.7.2 5. Other Proposal Forms 5.8 A. Proposer Code of Conduct 5.8.1 DRAFT RFP for Franchised Collection Services 11/28/17 Page 29 65B-38 City of Santa Ana, California 6. Construction and Demolition Proposal 7. Street Sweeping Cost Proposal (OPTIONAL) Power Washing Cost Proposal (OPTIONAL) 5.2 Cover Letter Section S. Submittal Requirements 5.9 5.10 5.11 The cover letter shall clearly identify the legal entity or entities submitting the proposal and state whether each is a sole proprietorship, partnership, corporation, LLC, or joint venture. The cover letter shall be signed by the designated representative authorized to bind Proposer. Proposer shall acknowledge receipt of any addenda issued as part of this RFP process. Proposer shall indicate whether or not the proposal includes C&D services, or if the proposal is exclusively for C&D services. 5.3 Executive Summary Proposer shall provide an executive summary to introduce its proposal and highlight any unique aspects of its approach to providing service to the City. 5.4 Company Description 5.4.1 Business Structure Proposer shall include the following in its proposal: 1. Confirm that Proposer is authorized to do business in California. 2. Identify the legal entity that would execute the Franchise Agreement. State whether each entity is a sole proprietorship, partnership, corporation, LLC, or joint venture. Describe in detail the relationship of the Proposer to the executing entity. If the Proposer is a joint venture, describe where the entities have collaborated before. 3. State the number of years the entities have been organized and doing business under this legal structure. Proposal must include all the names of company's (and executing entities' if different than company's) owners/stockholders with greater than a 10% holding of the company's total assets. 4. Identify other businesses with ownership by principals and/or management. 5. Proposer shall describe all services to be performed by subcontractors, and identify each subcontractor by name. Proposer shall describe any current or past working relationship with the subcontractor(s) in the past five years. 6. Proposer shall declare its intent to offer or not offer employment to eligible employees of the current contractor as described in Section 3.6.3 of this RFP. 5.4.2 Collection Experience Proposer shall describe its experience serving jurisdictions in California (preferably serving jurisdictions of similar or larger size and similar demographics to the City). Proposer's description for each comparable jurisdiction shall include: DRAFT RFP for Franchised Collection Services 11/28/17 Page 30 65B-39 City of Santa Ana, California Section S. Submittal Requirements 1. The name of the jurisdiction where the services were provided, commencement date of services and term of the Agreement; 2. The services provided (e.g., solid waste collection, recyclable materials, organic materials collection, and other unique collection programs such as a -waste or household hazardous waste); 3. The name, address, and telephone number of the jurisdiction representative responsible for administering the Agreement; and, 4. The number of Residential (i.e., specify Residential Curbside and MFD), Commercial (i.e., specify cart, bin, roll -off and other) and City (or other) customers served; tons collected, diverted, and disposed annually; and, the type and number of vehicles dispatched per day for each of the services provided. 5.4.3 Service Initiation Experience The City is interested in learning about each Proposer's experience with service initiations of new franchise agreements in which the Proposer replaced the existing contractor. Include a minimum of three reference projects for which the Proposer has initiated a new collection contract and/or new collection services for jurisdictions in California (preferably serving jurisdictions of similar or larger size and similar demographics to the City). For each reference program, the description shall include: 1. The name of the jurisdiction where the services were provided, commencement date and term of the Agreement; 2. The service initiation performed (i.e., initiation of a new franchise agreement) and length of time to complete; 3. The name, address, and telephone number of the jurisdiction representative responsible for administering the Agreement; 4. The number of Residential and Commercial customers served; tons collected, diverted and disposed annually; and the type and number of vehicles dispatched per day for solid waste, recyclable materials, and organic material collection services; 5. Description of how the company handled the specific requirements for the procurement of vehicles and personnel; training of personnel; billing and fee collection services; determination of routes and operating procedures; delivery of containers, public education; and the preparation of procedures to ensure a smooth transition from one company to another and one type of service to another, use of recycled content carts; and, 6. Identification of problems that occurred during the initiation of the new contract and solutions implemented to solve the problem(s). 5.4.4 Existing Management and Customer Service Systems Proposer shall describe the management systems and customer service systems its company uses to manage inquiries and complaints received from Residential and Commercial customers. If the proposer uses different systems for different communities, then the proposer shall provide a separate description of no more than three systems. The description of the management systems and customer service systems shall include, at a minimum: DRAFT RFP for Franchised Collection Services 11/28/17 Page 31 65B-40 City of Santa Ana, California Section S. Submittal Requirements 1. The name, type of equipment, and software used to maintain routing and customer service information. 2. Management procedures for managing inquiries and complaints and procedures used to minimize complaints (e.g., missed pick-ups, noise, spills, etc.). 3. Description of system capability and/or procedures to ensure timely accessibility of information by jurisdictions served. 4. Description as to whether individual call centers are established for each of the Proposer's service areas or if customer calls are handled by a centralized call center, and shall identify the location of the proposed call center. 5. Indication as to whether the system is used company -wide or for select jurisdictions (listing which jurisdictions). 6. Description of how the customer service information interfaces with route data and billing data, and 7. Description of procedures used to satisfactorily respond to, record, and report common customer complaints such as: missed pick-ups; spills and litter resulting from collection; collection schedule changes; broken or missing containers; improperly prepared set -outs; noise complaints; traffic and sidewalk obstruction during collection; and, safety around collection vehicles during operations. 8. Description of how the company measures customer service about the call center's responsiveness and accuracy of responses, as well as the quality of collection service. Identify specific performance metrics or targets your company tracks. Provide actual reports for at least three jurisdictions that document the actual performance level against your targets including, at a minimum, average hold times of the customer service call center and missed pick-ups. 9. Identify the website that its customers use to obtain customer rates and service information, and to submit inquiries or complaints. Provide website address. 10. Provide sample customer billings. 11. Description of its procedures for dealing with customer billing demands, during the transition and throughout the term of the Collection Agreement. 5.4.5 Key Personnel Provide an organizational chart for key personnel and job descriptions indicating the qualifications and experience of key personnel the Proposer would assign to: (1) the transition team; and, (2) the ongoing management of the services provided under the Franchise Agreement. Specify the amount of time each individual will provide the services specified in the Franchise Agreement. Provide names, and phone numbers of municipal references that have worked with the key proposed management team members. At a minimum, key personnel shall include the general manager, controller, operations manager, route manager(s), customer service manager, maintenance manager, and recycling coordinator or other personnel with similar titles. DRAFT RFP for Franchised Collection Services 11/28/17 Page 32 65B-41 City of Santa Ana, California 5.4.6 Past Performance Record 1. Criminal Proceedings Section S. Submittal Requirements Describe any criminal proceedings in which the Proposer, any affiliate of the Proposer, and/or any director or officer of the Proposer or affiliate (with respect to their actions in such capacity), and any individual identified as Key Personnel in the Proposal has been named as a defendant that are either currently pending or were concluded within the past five years. For each proceeding, provide the name of the case, the court in which it was filed, the docket number, and the disposition. 2. Civil Litigation Describe any lawsuit in which the Proposer or any affiliate of the Proposer has been named as a defendant or cross-defendant, either currently pending or were concluded within the past five years. For each lawsuit, provide the name of the case, the court in which it was filed, the docket number, and the disposition. Lawsuits which involved only claims for personal injury or property damage arising from vehicle accidents which resulted in defense verdicts or in judgments against defendant, or settlements, of less than $10,000, need not be disclosed. 3. Administrative Proceedings Describe any administrative proceedings involving the Proposer or any affiliate initiated by federal, state or local regulatory agencies (including, by way of example, the United States Environmental Protection Agency, the Orange County Healthcare Agency, the South Coast Air Quality Management District, the Department of Resources Recycling and Recovery, the California Department of Toxic Substances Control, the California Highway Patrol, the California Department of Motor Vehicles, the California Department of Industrial Relations, the State Water Resources Control Board or any regional water quality control board) that are either currently pending or were concluded within the past five years. For each, provide the name of the agency, the office or District in which the proceeding occurred, the nature of the proceeding, the disposition, and the amount of any fines or penalties assessed. 4. Payment of Liquidated Damages List each jurisdiction in California (e.g., City, county, special district, or JPA) which has assessed liquidated damages against the Proposer or any affiliate of the Proposer within the past five years in an amount greater than $25,000. For each jurisdiction, list the amount of liquidated damages paid and the event initiating contractual liability for liquidated damages. 5. Worker Safety For the Proposer, and any affiliate of the Proposer, provide information detailing its worker safety record for the past five years. The information shall include employee safety metrics commonly used in the industry including but not limited to the number of hours lost for individual injuries per employee and workers' compensation insurance ratios. 6. Customer Service DRAFT RFP for Franchised Collection Services 11/28/17 Page 33 65B-42 City of Santa Ana, California Section S. Submittal Requirements For the Proposer, and any affiliate of the Proposer, provide information detailing deficiencies in compliance with contractually stipulated customer service requirements for the past five years. The information shall include a description of the areas of customer service that were not complied with, the duration and scope of the non-compliance, and how the Contractor addressed and/or resolved the problems. Proposers may limit information requested in Items 2, 3, 5 and 6 to civil lawsuits, administrative proceedings, worker safety records, and customer service deficiencies to those arising out of the Proposer's (and its affiliates') operations and facilities in California. Note: The term "affiliate" as used in this RFP is defined in Article 1 of the Franchise Agreement. 5.4.7 Financial Information 1. Financial Statements Submit audited financial statements for the most -recently completed fiscal year for the legal entities that would execute the Franchise Agreement. If Proposer is a new entity, the proposal must include statements from the majority owners' existing business entities. All such statements are to be prepared in accordance with Generally Accepted Accounting Principles applied on a consistent basis and shall be audited in accordance with Generally Accepted Auditing Standards and shall include a statement by the chief financial officer of the entity described in the Franchise Agreement that there has been no material adverse change in such condition or operations as reflected in the submitted balance sheet and income statements since the date on which they were prepared. 2. Financing Plan Describe the plan for financing all capital requirements (i.e., those listed in Attachment 8, Cost Proposal Forms) in a "Sources and Uses of Funds" format, which describes the sources of required capital (e.g., banks, leasing companies, cash reserves, etc.) and uses (e.g., property, trucks, equipment, containers, reserves, etc.). 5.5 General Collection Related Submittal Requirements Proposer shall describe how it plans to perform the collection services requested in Section 3 of this RFP and described in the Franchise Agreement. Information must separately address all four service sectors: Residential Curbside, MFD, Commercial, and City facilities. Proposer must explain any differences in the method of delivering the services, equipment used, and containers to be provided. The description shall also note differences in terms of routing strategies, collection methods, vehicles, collection crew size, etc. In addition, Proposer must describe in detail why its technical approach to the services was chosen and its benefits to the City. Proposer shall include, at a minimum, the following: 1. Routing strategy and productivity assumptions for Residential Curbside, MFD, Commercial and City facilities; discussion of special routing (if any) for collecting in narrow streets, courts, and alleys; and route productivity assumptions (in terms of Residential Curbside accounts per route per day and MFD/Commercial lifts per route per day) and where these productivity assumptions have been accomplished in other cities serviced by the Proposer; DRAFT RFP for Franchised Collection Services 11/28/17 Page 34 65B-43 City of Santa Ana, California Section S. Submittal Requirements 2. Collection methodology (e.g., automated, semi -automated, one- or two -person crews, etc.), including discussion of special methods (if any) for collecting in any hard -to -service areas. Description shall include detailed safety program. 3. Number of and description of the collection vehicles to be utilized (e.g. vehicle description, manufacturer and model number, cost, capacity, age, lease or ownership arrangements, etc.). New vehicles are required for Residential and MFD/Commercial/City collection services. 11bh requirement is Primarily to ensure that comparable cost proposals are submitted. The Citv reserves the right to allow the contractor to Provide used collection vehicles) New or used vehicles may be used for support vehicles. Manufacturer's specifications of containers to be utilized. New carts shall be provided for Residential Curbside and Commercial Cart Customer and new or used containers (i.e., bins and roll -off boxes) may be provided for MFD/Commercial/City customers. It is anticipated that the current franchised hauler will negotiate with the selected Proposer(s) to transfer ownership of all MFD and Commercial bins and/or roll -off boxes if the current hauler is not selected. However. Proposers must base pr000sals on the assumption that new carts, bins and roll -off boxes will be purchased (This requirement is primarily to ensure that comparable cost proposals are submitted. The City reserves the right to allow the contractor to provide used containers/bins.) Container requirements are described in Article 7.10 of the Franchise Agreement. Proposer shall supply complete technical data and manufacturing specifications on the specific cart, bins and roll -off boxes being used. Proposer must also provide a detailed user's list of other jurisdictions using the same make and model of cart. The City or its designee may use this information as a reference list regarding the quality of products and service records of the manufacturer. 4. For Residential Curbside, Proposer must present assumptions regarding the percentage of customers that will place materials curbside and factor in the anticipated number of customers eligible for Low Income Senior Citizen rates as described in Article 8.3 of the Franchise Agreement. Describe the basis for deriving these assumptions. 5. Details on the proposed Transfer Facility, Disposal Facility, Recyclables Materials Processing Facility and/or Organics Processing Facility. For each facility please provide the following: documentation that all existing permits and approvals are in place; documentation that the facility has sufficient capacity to process the materials from the City service area; description of how the materials will be delivered to the facility, either direct hauled or transferred with details on any transfer operations; rate per ton for each facility; and, one-way mileage from the service area (assume City Hall at 20 Civic Center Plaza, Santa Ana) to the proposed facility. 6. A thorough Residential and Commercial Diversion Plan, including a detailed plan to increase recycling participation, reduce contamination of recyclables, recycling and contamination enforcement activities, and the anticipated impact of each of the previous activities on the City's diversion rates. The Diversion Plan will include a description of the resources (including employee time) that will be dedicated to achieving the best possible diversion outcomes for the City. DRAFT RFP for Franchised Collection Services 11/28/17 Page 35 65B-44 City of Santa Ana, California Section S. Submittal Requirements 5.6 Exceptions to RFP and Franchise Agreement The City expects that the successful Proposer(s) will execute a single Franchise Agreement with the City in substantially the same form as the draft Franchise Agreement (as it may be changed via Addendum during the RFP process). Proposers are required to review carefully the Franchise Agreement before submitting proposals and are encouraged to have it reviewed by legal counsel. Proposers are also encouraged to submit written questions, or raise questions at the Pre -Proposal Meeting, about any provision in the Franchise Agreement not fully understood, which would appear to be inconsistent with other provisions or otherwise incorrect, or which may deter them from submitting a Proposal or significantly increase the cost of their Proposal. If a Proposer is not willing to execute Franchise Agreements with the City because of specific provisions in the Franchise Agreement, it must identify each provision to which it takes exception ("objectionable provision") in its Proposal. Each objectionable provision must be presented separately by stating the specific objectionable provision, the suggested changes, if any, to the objectionable provision, the program or services related to the objectionable provision, and the reason for the needed change to the objectionable provision. If Proposers submit suggested changes to the Franchise Agreement language related to objectionable provisions, they must identify the specific dollar change in each of the affected cost items, as proposed by the Proposer in response to this RFP, which would take place if the suggested change was accepted by the City. Proposers should note that if suggested changes are proposed or objectionable provisions identified, all required information as set forth above must be submitted. Suggested changes or objections to provisions, without providing the required information will not be considered. Proposers should also note that the submittal of suggested changes to the Franchise Agreement or objections to provisions does not obligate the City to revise the terms of the Franchise Agreement as published in this RFP, including such revisions as may be issued by the City during the RFP process. The number, nature and materiality of objectionable provisions and suggested changes to the Franchise Agreement will be considered in evaluating proposals. 5.7 Cost Proposal Proposer shall follow the instructions provided below for preparation of the cost proposal. All elements described are required submittals except for the alternative cost proposals. Proposers are to prepare base cost proposals as requested in Section 5.7.1 solely on the program specifications set forth in the RFP documents without considering any exceptions or alternatives. The proposal assumptions, operating statistics, and cost proposal information submitted by Proposer will be evaluated to determine the reasonableness of the contractor's compensation requirement and will serve as a baseline for establishing Rate Year One contractor's compensation and future adjustments to contractor's compensation. The cost proposal shall be firm and valid until lune 30, 2020. Within 30 days of request by the City, the selected contractor shall revise the cost proposal forms and submit adjusted proposed costs that shall reflect any alternative programs which will be included in the scope. These "adjusted proposed costs" will be included in the executed Franchise Agreement. The City DRAFT RFP for Franchised Collection Services 11/28/17 Page 36 65B-45 City of Santa Ana, California Section S. submittal Requirements may request additional detailed cost and operating assumptions to fully understand the adjusted cost proposal and verify its reasonableness. 5.7.1 Base Cost Proposal Proposer shall be required to submit a complete set of cost forms for the Base Cost Proposal. When Proposers complete the Base Cost Proposal for the core programs (Forms provided as Attachment 8), proposals shall be made based on the following assumptions: 1. All collection services described in the Franchise Agreement shall be included in the scope; 2. The provision of the collection services shall be governed by the terms and conditions of the Franchise Agreement; 3. New services shall commence July 1, 2020; 4. For the purposes of preparing the cost proposal, please specify the processing fee to be charged for recyclables materials and organic materials. Please breakout the processing fee to reflect transportation costs/ton and the actual tipping fee or rebate charged at the processing facility 5. For the purposes of preparing the cost proposal, the number of accounts, container lifts, and roll -off box pulls to be serviced by contractor shall be as specified on the designated Cost Proposal Form. The account data provided on the cost forms is actual 2016 and/or 2017 data. 6. For the purposes of preparing the cost proposal, the tonnage collected by the contractor shall be that specified on the designated Cost Proposal Form. 7. For the purposes of preparing the cost proposal, the fees to be paid to the City shall include the following (to be updated pending finalization): • X% Franchise Fee 8. Proposers shall propose annualized costs associated with implementation of the new collection services. The Proposer shall estimate one-time implementation costs, annualize the costs over 10 years, and present the annualized costs. The annualized implementation costs shall assume full implementation of new services on July 1, 2020. These implementation costs shall be allocated on the designated Cost Proposal Forms. 5.7.2 Alternative Cost Proposals Proposer may present, at its option, alternative cost proposals. If the Proposer prepares an alternative cost proposal they are still required to submit a Base Cost Proposal. These alternative proposals are proposals that are different than the base cost proposals. The alternative cost proposals shall be based on the technical description provided by the Proposer pursuant to Section 3.8 of this document. If a Proposer chooses to present an alternative proposal for a collection strategy other than that discussed in the RFP or Franchise Agreement, Proposer is required to submit an additional, complete set of the Cost Proposal Forms provided as Attachment 8, documenting an alternative cost proposal. Forms shall clearly indicate "Alternative Proposal for " on each page of the additional cost proposal. DRAFT RFP for Franchised Collection Services 11/28/17 Page 37 r \e M l;M �. City of Santa Ana, California 5.8 Other Proposal Forms 5.8.1 Proposer Code of Conduct Section S. Submittal Requirements Each Proposer shall complete and submit the Proposer Code of Conduct (Attachment 2) and Non -Collusion Affidavit (Attachment 3). The Proposer Code of Conduct and Non -Collusion Affidavit shall be signed by the designated representative authorized to bind the proposing company and shall be submitted according to the timeline provided on Table 1-2. Proposers may email a PDF version of the signed document to the email address provided in Section 4.4.1 to meet the deadline and concurrently mail the original, signed Code of Conduct to the address provided in Section 4.4.4. 5.9 Construction and Demolition Proposal The City is offering Proposers the Opportunity to submit a proposal that includes Construction and Demolition Collection Services, a proposal that excludes Construction and Demolition Collection Services, or a proposal offering Construction and Demolition Collection Services only. Proposers offering Construction and Demolition Services shall provide a description of their program in this section. Proposers offering Construction and Demolition Collection Services ONLY are permitted to submit a proposal excluding the following sections: 2A, 2B, 2C and 2D. 5.10 Optional Street Sweeping Proposal The City is offering Proposers the opportunity to submit a proposal to provide the City's street sweeping services. This proposal is optional and will be considered separately from the Proposal for Collection Services. Attachment 9 provides the all requirements and historical data, as well as a proposal form for this service. 5.11 Optional Power Washing Proposal The City is offering Proposers the opportunity to submit a proposal to provide the City's power washing services. This proposal is optional and will be considered separately from the Proposal for Collection Services. Attachment 10 provides the all requirements and historical data, as well as a proposal form for this service. 5.12 Additional Information Additional information or data relevant to the proposal is optional and may be included by a Proposer as an attachment to the proposal. DRAFT RFP for Franchised Collection Services 11/28/17 Page 38 65B-47 City of Santa Ana, California Section 6. Proposal Evaluation Process SECTION 6 - PROPOSAL EVALUATION PROCESS This section describes the proposed process for evaluating proposals and selecting the collection contractor. Section 6.1 describes the evaluation process for the contract award recommendation to the City Council. Section 6.2 presents the evaluation criteria. Note that the City reserves the right to modify this process in any way and at any time during the RFP and contractor selection process. 6.1 Proposal Evaluation Process 6.1.1 Evaluation and Selection Process A detailed evaluation of the proposals will be conducted and interviews will be conducted. A comparative description of the proposals and evaluation results will be prepared. The evaluation and recommendation will be presented to City Council. The City Council will review the recommendation and approve that recommendation or form an alternative recommendation. 6.1.2 Evaluation Tasks The following tasks will be completed as part of the evaluation process. • Review of all proposals received for compliance • Analysis of financial capabilities of companies • Reference checks • Evaluation of reasonableness and competitiveness of cost proposals • Request for clarification information from the Proposer • Rating of proposals using a quantitative method based on the criteria presented in Section 6.2 • Ranking of proposals using the established evaluation criteria • Preparation of a report including the comparative summary of proposals, the evaluation results and rankings During the process, Proposer will be required to attend any interviews, allow site visits, and give presentations to the City if requested and as applicable. 6.2 Evaluation Criteria Proposals will be numerically scored and ranked using the criteria and weighting described in this section. The scores assigned will reflect the extent to which criteria is fulfilled relative to other proposals. The evaluation criteria and maximum score that can be achieved for each criterion is presented in Table 6-1. DRAFT RFP for Franchised Collection Services 11/28/17 Page 39 65B-48 City of Santa Ana, California Section 6. Proposal Evaluation Process Table 6-1 Evaluation Criteria and Weighting Evaluation Criteria Weighting Responsiveness to RFP Pass/Fail Company Qualifications and Experience 20% Proposal for Collection and Diversion Services 25% Customer Service, Outreach and Education, and Operational and Material Management Infrastructure 25% Cost Proposal 30% California Assembly Bill 1669 Hiring Preference Intent Requirement Compliance +10% Number and Materiality of Suggested Changes to Franchise Agreement Noted The City reserves the right to act in the best interest of its residents and businesses, including the right to reject a proposal that is given the highest quantitative scoring in the evaluation process if the proposal is not in the best interest of residents and businesses. The potential factors that may be considered when developing the score for each criterion are presented below. 6.2.1 Responsiveness (Pass/Fail) Proposer must be fully compliant with the RFP and procurement procedures as demonstrated by submittal of all elements required by Sections 3 and 5 of this RFP; full completion of all cost proposal forms required in Section 5.6; compliance with process guidelines presented in Section 4; and adherence to the code of conduct signed by the Proposer. 6.2.2 Company Qualifications and Experience 1. Collection Experience Demonstrated experience of company providing the requested or similar services to other jurisdictions. If the Proposer is a joint venture, demonstrated experience of parties working together. 2. Service Initiation Experience Demonstrated experience of company's ability to implement new collection services and new franchise agreements and obligations that are like the City services in comparable sized communities. 3. Management and Customer Service Systems Demonstrated capabilities of the company's existing management and customer service systems' abilities to track and monitor contract compliance, quality of collection service, DRAFT RFP for Franchised Collection Services 65B11/28127 Page 40 City of Santa Ana, California Section 6. Proposal Evaluation Process and call center responsiveness and to report data required (see Article 8 of the Franchise Agreement). In the event the company proposes use of a new or modified system, the extent to which such system has the potential to meet the City's needs and contract requirements will be evaluated. 4. Key Personnel Qualifications Extent and relevance of the qualifications and experience of key personnel proposed for the transition team and on-going management of the City's collection operations. 5. Past Performance Record Review of company's history with litigation and regulatory action (e.g., nature of past and pending civil, legal, regulatory, and criminal actions; history and nature of payments of liquidated damages); regulatory compliance related to equipment and facilities including compliance with land use permits, storm water discharge permits, state highway requirements, etc.). 6. Financial Stability Financial strength and ability of company to acquire equipment and provide financial assurance of performance based on review of its audited financial statements and its proposed financing plan and the relationship of the City s Franchise Agreement to the company's total annual revenues. 7. Jurisdiction Satisfaction Satisfaction of company's references with the services received in the past 10 years (including, but not limited to, implementation, customer service, call center, billing, payment of fees, reporting, and the handling of contractual issues). 6.2.3 Proposal for Collection and Diversion Services 1. Collection Approach Reasonableness and reliability of the proposed collection methods (e.g., technology, equipment, and containers); reasonableness of productivity and operating assumptions (i.e., number of routes, route drivers, route hours, stops per route, and other operating statistics), if applicable; and reasonableness of assumptions. 2. Collection Facilities Plan for providing the facilities needed for equipment storage and parking, maintenance, and administration. Level of assurance provided, if any, about site acquisition and timely development of necessary facilities if not proposing an existing, operational and permitted facility. 3. Diversion Programs The nature, reliability, and innovation of proposed diversion programs and potential of such programs to divert solid waste from landfill disposal and meet the diversion requirements of Article 6.7 of the Franchise Agreement. DRAFT RFP for Franchised Collection Services 11/28/17 Page 41 65B-50 City of Santa Ana, California Section 6. Proposal Evaluation Process 6.2.4 Customer Service, Outreach and Education, and Operational and Material Management Infrastructure 1. Customer Service Customer service approach, staffing levels, and City -specific training programs. 2. Billing System. Billing approach, and procedures for handling customer billing activities. 3. Outreach and Education Plan Outreach and Education approach and reasonableness of planned program to achieve contract requirements; and, the quality of public education samples relative to other Proposers. 4. Implementation Plan Reasonableness of implementation schedule and ability to meet deadlines (e.g., reasonableness of equipment procurement schedules, implementation staffing levels, public education program, container/cart distribution, new corporation or maintenance yard development, contingency plans, etc.). 5. Operational and Material Management Infrastructure Reasonableness and reliability of the proposed facilities for transfer, disposal and/or processing of solid waste, recyclable materials and organic materials, including documentation of existing facility permitting/approvals and/or guarantee of sufficient capacity for tonnage from the City service area, and the reasonableness of proposed material transport plans. 6.2.5 Cost Proposal 1. Reasonableness of Cost Proposals Logical relationship between proposed costs and operational assumptions for the base cost proposal. 2. Competitiveness of Cost Proposals. Cost competitiveness relative to other proposals. 6.2.6 Number and Materiality of Suggested Changes to Franchise Agreement The number, nature and materiality of suggested changes to the Franchise Agreement will be considered in evaluating proposals. 6.2.7 California Assembly Bill 1669 Hiring Preference Intent Requirement Compliance The statement of intent to hire displaced workers according to the requirements of AB 1669 (Attachment 11). DRAFT RFP for Franchised Collection Services 65B191 17 Page 42 City of Santa Ana, California Section 6. Proposal Evaluation Process 6.2.8 Alternative Technical Proposals The City is not obligated to evaluate or select alternative proposals. Alternative proposals will be considered by the City if the City concludes, in its sole discretion, that the alternative proposals warrant evaluation and analysis. Such evaluation will consider the reasonableness and reliability of proposed collection methods, technology, equipment, and containers; and the reasonableness of productivity and operating assumptions (i.e., number of routes, route drivers, route hours, stops per route, and other operating statistics). At the City's option, the reasonableness and competitiveness of one or more alternative proposal(s) may be evaluated. DRAFT RFP for Franchised Collection Services 11/28/17 Page 43 65B-52 City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 1: Franchise Agreement for Collection Services DRAFT RFP for Franchised Collection Services 65B-958 Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 2: Proposer Code of Conduct The City of Santa Ana is planning to request and receive proposals for Solid Waste Management and Recycling Services within the jurisdiction of the City. The members of the City Council are obligated to comply with the Political Reform Act of 1974 ("PRA") and the Brown Act (Government Code §56950 et seq.). The City has a desire to maintain a process free from any undue influence and the appearance of impropriety. The City prepared this "Proposer Code of Conduct". A potential proposer is defined as any individual or entity involved in making a proposal to the City under the Collector Selection Process ("Potential Proposer"). Each Potential Proposer is individually responsible for ensuring compliance with the following Code of Conduct. The Potential Proposer's responsibility to comply with this Code of Conduct shall extend to the Potential Proposer's employees, agents, consultants, lobbyists, or other parties or individuals engaged for the purposes of developing or supporting the Potential Proposer's proposal. The Proposer Code of Conduct is presented below: 1. Ex Parte Communications Prohibited From January 30, 2018, until the execution of the Agreement with the selected Proposer, potential Proposers are prohibited from having any verbal or written communications (ex parte contacts) with any City Council Members related to any matter related to the RFP process or Collector Selection process, except in the course of a legally noticed meeting of the City Council, or any subcommittee of the Council, or in conjunction with an ex parte contact arranged by and involving the City staff and/or consultants. If any such unauthorized ex parte contact occurs, the Council member shall disclose its occurrence at the next meeting of the City Council that next follows the said ex parte contact. 2. Gift and Compensation Prohibited From January 30, 2018, until the execution of the Agreement with the selected Proposer, potential Proposers are prohibited from giving any gift of any monetary value, or compensation of any kind (as defined under the California Political Reform Act) to a City Council Member or any City staff member or consultant. Please be aware that any Council Member who accepts such a gift or compensation may be subject to censure by the City Council. Any City staff member who violates this policy may be subject to discipline including termination of services, and any consultant who violates this policy may be subject to termination of services. Any Potential Proposer who violates this policy as to gifts or compensation may be subject to disqualification by the City Council from the Collector Selection Process. 3. Collusive Activities Prohibited From January 30, 2018, until the execution of the Agreement with the selected Proposer, collusive activities among Potential Proposers are expressly forbidden and will likely result in immediate disqualification from the Collector Selection Process. If two or more Potential Proposers are developing a joint proposal, the Potential Proposers must notify Sloan Vazquez McAfee using the email provided in Section 4.4.1 no later than thirty (30) days prior to the deadline for submission of proposals. This notification will be kept confidential until after submission of all technical and cost proposals. The following affidavit is submitted by proposer as a part of this proposal: DRAFT RFP for Franchised Collection Services 1/8/18 Attachment 65B-54 City of Santa Ana, California Section 6. Proposal Evaluation Process The undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and says: that he has lawful authority to execute the within and foregoing proposal; that he has executed the same by subscribing his name hereto under oath for and on behalf of said proposer; that proposer has not directly or indirectly entered into any agreement, express or implied, with any proposer or proposers, having for its object the controlling of the price or amount of such proposal or proposals, the limiting of the proposals or proposers, the parceling or framing out to any proposer or proposers or other persons of any part of the agreement or any part of the subject matter of the proposal or proposals or of the profits thereof, and that he has not and will not divulge the sealed proposal to any person whomsoever, except those having a partnership or other financial interest with him in said proposal or proposals, until after the said sealed proposal or proposals are opened. Deponent further states that the proposer has not been a party to any collusion among proposers in restraint of freedom of competition; by agreement to make a proposal at a fixed price or to refrain from submitting a proposal; or with any state official or employee as to quantity, quality, or price in the prospective agreement; or in any discussions between proposers and any City of Santa Ana official concerning exchange of money or other things of value for special consideration in the letting of an agreement; that the proposer/Company has not paid, given or donated or agreed to pay, give or donate to any official, officer or employee of the City of Santa Ana directly or indirectly, in the procuring of the award of agreement pursuant to this proposal. 4. Submission of Code of Conduct The signed, notarized Code of Conduct must be submitted as described in Section 4.3.1. Proposer Code of Conduct. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and that this Code of Conduct was executed on this day of 2018 at SIGNED BY: TITLE: Subscribed and sworn to before me on this day of 2018 at Notary Public My Commission expires: Attachment 3: Non -Collusion Affidavit DRAFT RFP for Franchised Collection Services 1/8/18 Attachment 65B-55 City of Santa Ana, California Section 6. Proposal Evaluation Process The following affidavit is submitted by proposer as a part of this proposal: The undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and says: that he has lawful authority to execute the within and foregoing proposal; that he has executed the same by subscribing his name hereto under oath for and on behalf of said proposer, that proposer has not directly or indirectly entered into any agreement, express or implied, with any proposer or proposers, having for its object the controlling of the price or amount of such proposal or proposals, the limiting of the proposals or proposers, the parceling or framing out to any proposer or proposers or other persons of any part of the agreement or any part of the subject matter of the proposal or proposals or of the profits thereof, and that he has not and will not divulge the sealed proposal to any person whomsoever, except those having a partnership or other financial interest with him in said proposal or proposals, until after the said sealed proposal or proposals are opened. Deponent further states that the proposer has not been a party to any collusion among proposers in restraint of freedom of competition; by agreement to make a proposal at a fixed price or to refrain from submitting a proposal; or with any state official or employee as to quantity, quality, or price in the prospective agreement; or in any discussions between proposers and any City of Santa Ana official concerning exchange of money or other things of value for special consideration in the letting of an agreement; that the proposer/Company has not paid, given or donated or agreed to pay, give or donate to any official, officer or employee of the City of Santa Ana directly or indirectly, in the procuring of the award of agreement pursuant to this proposal. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and that this Code of Conduct was executed on this day of . 2018 at SIGNED BY: TITLE: Subscribed and sworn to before me on this day of 2018 at Notary Public My Commission expires: DRAFT RFP for Franchised Collection Services 1/8/18 Attachment 65B-56 City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 4: List of City Facilities and Public Receptacle Locations DRAFT RFP for Franchised Collection Services 1/8/18 Attachment 65B-57 City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 5: Current Demographic and Service Summary DRAFT RFP for Franchised Collection Services 1/8/18 Attachment 65B-58 City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 6: Operating Statistics and Collection Route Data DRAFT RFP for Franchised Collection Services 1/8/18 65B-59 Attachment City of Santa Ana, California Attachment 7: Current Rates DRAFT RFP for Franchised Collection Services 1/8/18 65B-60 Section 6. Proposal Evaluation Process Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 8: Cost Proposal Forms DRAFT RFP for Franchised Collection Services 65B-9? Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 9: Street Sweeping Statistics and Optional Cost Proposal Form DRAFT RFP for Franchised Collection Services 1/8/18 65B-62 Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 10: Optional Power Washing Proposal Data and Form DRAFT RFP for Franchised Collection Services 65B-63 '18118 Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 11: AB 1669 Sections 1070-1075 DRAFT RFP for Franchised Collection Services 1/8/18 65B-64 Attachment City of Santa Ana, California Section 6. Proposal Evaluation Process Attachment 12: Acceptable Household Hazardous Waste DRAFT RFP for Franchised Collection Services65 B _ 118118 Attachment Rev. 11130117 SOLID WASTE SERVICES IMPLEMENTATION TIMELINE [M iles,tbries" D. - Presentation to City Council, Extension, draft RFP and Revised Timeline December 5, 2017 Staff Report Due (for 1/16 meeting) January 2, 2018 City Council Approves RFP January 16, 2018 City Releases RFP January 30, 2018 R.S.V.P. Deadline for Pre -Proposal Meeting by 4 p.m. February 15, 2018 Proposers to Submit Signed Proposer Code of Conduct February 22, 2018 Mandatory Pre -Proposal Meeting February 22, 2018 Deadline for Proposers to Submit Written Questions Regarding RFP. March 20, 2018 City will issue Response to Written Questions, Summary of responses provided at the Pre -Proposal Meeting, and RFP Addendum if necessary. April 9, 2018 Proposals Due by 4 p.m. May 29, 2018 Review Proposals for Completeness Due to Form June 5, 2018 City requests Clarification of Proposal Information July 3, 2018 Deadline to Respond to Clarification Questions July 17, 2018 Proposer Interviews August 7, 2018 Proposal Evaluations and Consultant Report Complete August 28, 2018 Staff Report Due (for 10/2 meeting) September 17, 2018 Staff Report Due (for 10/16 meeting) October 1, 2018 Presentation to City Council — Proposal Evaluation Results & Recommendations October 2, 2018 City Council Selects Solid Waste Services Provider October 16, 2018 Negotiations with Selected Solid Waste Provider begins October 17, 2018 Finalize Negotiations with Selected Solid Waste Provider (Including truck, bin, and cart specifications) November 13, 2018 Staff Report Due (for 12/3 meeting) November 19, 2018 Negotiations Progress Update to Council and Approval to begin Prop 218 process December 3, 2018 Staff Report Due (for 12/18 meeting) December 3, 2018 Presentation to New City Council — process and status update December 18, 2018 Prepare Prop 218 Notice, legal review, and mailing data base verification January 16, 2019 Prop 218 Process: 45 -Day Notice, Community Meetings February 20 thru April 16, 2019 Staff Report Due (for 4/16 meeting) April 1, 2019 Public Hearing and Recording of Protest Vote April 16, 2019 Exhibit 2 65B-67 Rev. 11130117 Milestones continued* Date Staff Report Due ( for 5/21 meeting) May 6, 2019 Council Awards Contracts May 21, 2019 Execution of Contract, Bonding and Insurance Verification June 4, 2019 New Contract Preparation/Readiness: Truck, bin and cart purchase, development of public education pieces with staff review/approval, review routing and minimize service day changes where possible, personnel hiring. June 19, 2019 thru February 19, 2020 Staff Report Due (for 10/15 meeting) September 30, 2019 Progress Report to City Council October 15, 2019 Staff Report Due (for 3/3 meeting) February 17, 2020 Progress Report to City Council March 3, 2020 New Service Rollout Begins July 1, 2020 * The City reserves the right to modify this schedule as needed, or if unforeseen circumstances occur. This schedule assumes no delays. �. M . •